The Ombudsman's final decision
Summary: We will not investigate this complaint about public health support services. The complaint has not suffered a personal injustice and their concerns are best raised through the Council’s Whistleblowing policy.
The complaint
Mr X complained about the actions of a charity, who the Council commissioned to provide public health support services.
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 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint about the Council’s commissioning arrangements. Mr X is a former employee at the Charity. He has not suffered a direct personal injustice from how the Chairty delivers its services. The concerns he raises about the Charity’s practice 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.
Final decision
We will not investigate Mr X’s complaint because he has not suffered a personal injustice and his concerns are best dealt with through the Council’s Whistleblowing Policy.
Investigator's decision on behalf of the Ombudsman