Summary: We will not investigate Ms X’s complaint about the Council’s handling of safeguarding concerns raised about her former employer. This is because the Council’s handling has not caused Ms X personal injustice.

The complaint

1. Ms X complains the Council dismissed her safeguarding concerns about her former employer, a housing provider. She alleges the housing provider’s actions pose a risk to residents and has caused the death of one resident and the hospitalisation of another. She wants an independent investigation and funding withdrawn from the housing provider to prevent further harm to residents. Ms X says the housing provider unfairly dismissed her for raising these concerns.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

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

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My assessment

5. We will not investigate Ms X’s complaint about the Council’s commissioning arrangements with the housing provider. Ms X is a former employee of the housing provider and is in the process of taking her employer to tribunal for unfair dismissal. The Ombudsman has no role in investigating or resolving personnel issues.
6. Ms X has not suffered a direct personal injustice from how the housing provider delivers the services commissioned by the Council. In addition, Ms X does not have consent from those affected to complain on their behalf.
7. The concerns Ms X raises about the housing provider’s practices are best considered under the Council’s Whistleblowing Policy. That is because it is an organisation providing services on behalf of the Council. The Ombudsman is not the appropriate body to consider whistleblowing complaints.

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Final decision

8. We will not investigate Ms X’s complaint because she has not suffered a personal injustice and her concerns are best dealt with through the Council’s Whistleblowing Policy.

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Investigator's decision on behalf of the Ombudsman