Summary: We will not investigate this complaint about how the Council have dealt with matters concerning a safeguarding matter. This is because the complaint about the Council’s original involvement is made late, there is no evidence of fault in the Council’s recent actions, and we cannot achieve the outcome the complainant seeks.

The complaint

1. Mr X complains about how the Council’s Local Authority Designated Officer (LADO) has dealt with matters relating to a safeguarding referral made about him. Mr X says the LADO has not followed processed and disciplinary action should be taken against them and any superiors who advised them.

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The Ombudsman’s role and powers

2. 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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2018, the Council’s LADO managed an allegation made against Mr X who worked at a school (The School). This led to The School implementing an action plan meaning that Mr X was suspended from teaching duties and referrals being made to the Teaching Regulation Agency (TRA) and Disclosure and Barring Service (DBS).
7. In 2023 the TRA concluded its investigation. The LADO told the school that it planned to challenge the outcome of the investigation and advised the school to keep the action plan in place.
8. I will not investigate Mr X’s complaint about the Council’s actions following the referral received in 2018. This is because these events happened too long ago and I see no good reason why Mr X could not have complained sooner.
9. I will not investigate Mr X’s complaint about the Council’s actions since the TRA concluded its investigation in 2023. The Council role in this case was to protect children by providing advice and guidance to The School on how to deal with the allegations and concerns. I find no fault with the way the Council carried out its role as it was entitled to provide the advice that the action plan should be adhered to.
10. Finally, we cannot achieve the outcome that Mr X seeks. This is because we have no power to recommend councils take disciplinary action against individuals.

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Final decision

11. We will not investigate Mr X’s complaint because it is made late, there is insufficient evidence of fault with the Council’s recent actions, and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman