Summary: We will not investigate this complaint about whistleblowing. This is because we are not a “prescribed body” and the complaint is a late complaint.

The complaint

1. The complainant, who I refer to as Ms X, complains about a number of different bodies in connection with the whistleblowing she was involved with some years ago. She says the Council ignored her concerns.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as OFSTED, the Police or education tribunals. (Local Government Act 1974, sections 25 and 34A, as amended)
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 Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Whistleblowers are workers who are protected under law in certain circumstances when they report wrongdoing in the public interest (e.g. criminal offences such as fraud; concerns about someone’s health or safety; miscarriage of justice). Many organisations have a whistleblowing policy, which tells staff how to raise concerns and explains the legislation in more detail. If workers cannot go to their employer with the disclosure first, they should contact a prescribed person or body, to make a “protected disclosure”. 
7. The LGSCO is not a prescribed body and we are not the body best placed to consider such matters. So even if Ms X’s complaint had not been made late, we would not investigate the complaint made against the Council.

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Final decision

8. We will not investigate Ms X’s complaint because we are not a “prescribed body” and the complaint is a late complaint.

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Investigator's decision on behalf of the Ombudsman