North Yorkshire Council (24 013 606)
Category : Environment and regulation > Health and safety
Decision : Closed after initial enquiries
Decision date : 20 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs X complaint about the Council’s decision not to take safeguarding action against her employer. This is because any fault by the Council has not caused Mrs X a personal injustice.
The complaint
- Mrs X complains the Council incorrectly dismissed her concerns about the unsecure main door of the temporary accommodation she worked in. She says the unlocked door impacted the safety of the residents and caused further problems for certain residents. Mrs X also says her employer was unhappy with her whistleblowing.
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 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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mrs X’s complaint because any fault by the Council in its decision not to take further action against her employer has not caused Mrs X a personal injustice. And the Council cannot be held responsible for her employer’s actions following the whistleblowing.
Final decision
- We will not investigate Mrs X’s complaint because any fault by the Council has not caused Mrs X a personal injustice.
Investigator's decision on behalf of the Ombudsman