The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council dealt with allegations made about her. This is because there is insufficient evidence of fault.
The complaint
Mrs X complains about how the Council’s Local Authority Designated Officer (LADO) dealt with allegations made about her. Mrs X says the LADO failed to disclose information about the allegations with her before the allegations were substantiated and a referral was made to the Disclosure and Barring Service (DBS).
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received a referral about Mrs X. It fell to the LADO to oversee the investigation which was carried out by the police. Mrs X was informed that a referral had been made but the LADO made the decision not to disclose to Mrs X the specifics of the allegation due to the sensitive nature. The police investigation found that there was sufficient evidence to prove the allegation, so the LADO wrote to Mrs X to inform her that the allegation was substantiated. A referral was subsequently made to the DBS.
I will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council. The LADO’s decision not to provide Mrs X with details of the allegation and the decision to make a referral to the DBS was in line with the Council’s published policy.
Mrs X has since submitted a Subject Access Request to the Council asking it to provide details about the allegation. Mrs X can approach the Information Commissioner’s Office (ICO) if she is dissatisfied with how the Council handled her information request. The ICO are better placed to consider complaints about how requests for information are dealt with.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman