Summary: Mr P complains that the Council failed to fully investigate his allegation that a company contracted to provide a council service committed fraud. The Ombudsman will not investigate this complaint because Mr P has not suffered a direct personal injustice.

The complaint

1. Mr P complains that the Council failed to fully investigate his allegation that a company contracted to provide a council service committed fraud. Mr P says that he lost his employment as a result.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• there is another body better placed to consider this complaint

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

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

4. I considered the complaint and the documentation provided by the Council.
5. I have written to Mr P with my draft decision and considered his comments.

Back to top

What I found

6. While employed by a company contracted to deliver a council service, Mr P alerted the Council to possible fraud.
7. The Council says it investigated the allegations. Mr P provided additional evidence and the Council investigated again. The Council says it is now considering its options, including liaising with the company and the police.
8. Mr P did not lose out on a Council service because of the company failures he alleges. He has therefore not been caused a direct personal injustice as a result of the Council’s actions.
9. The restriction in paragraph 3 applies. If Mr P believes the company dismissed him unfairly, he can apply to the Employment Tribunal. As a whistleblower, he may be entitled to legal protections.

Back to top

Final decision

10. The Ombudsman will not investigate this complaint because Mr P has not suffered a direct personal injustice and he can apply to the Employment Tribunal for a remedy.

Back to top

Investigator's decision on behalf of the Ombudsman