Dear Mr Fullerton

This email is to acknowledge and respond to your freedom of information
request dated 13 May 2022. In your request you stated:

•       Has Audit Scotland received any whistleblowing complaints about
South Lanarkshire College (as reported in the Daily Record, 17 March
2022)?

In February 2022 Audit Scotland received one piece of correspondence from
an individual  who identified as a whistle-blower.

o       If so, please provide a copy of the complaint.

Under Freedom Of Information (Scotland) Act 2002 Section 36 2 b –
Confidentiality, we are not releasing this information as this would
constitute a breach of confidence.

o       Please advise what action Audit Scotland has taken in response to
the content of the complaint, given your responsibilities under the Public
Interest Disclosure (Prescribed Persons) Order 2014.

Audit Scotland shared the information with the Auditor as  a piece of
Audit intelligence.

•       Please confirm what locus Audit Scotland has to oversee the
appropriate investigation of whistleblowing complaints by other public
bodies.  It would appear, according to the press, that whistleblowing
complaints were made by staff members at South Lanarkshire College in
September and November 2021, and that these have not yet been considered.

Audit Scotland, the Accounts Commission, the Auditor General and the firms
we appoint are all [1]‘prescribed persons’- under The Public Interest
Disclosure (Prescribed Persons) Order 2014. This means that whistleblowers
(employees) can raise issues of concern (disclosures) with us about fraud,
corruption or wrongdoing within the [2]public bodies we audit.

PIDA does not place any additional power or duty on ‘prescribed persons’,
and we do not have a legal obligation to act on a whistleblowing
disclosure. However, we deal with whistleblowing disclosures received
under the same policy and procedure we use for other issues of concern we
receive.

Audit Scotland cannot give legal advice about raising a whistleblowing
disclosure. However, [3]Protect  is a charitable organisation which can
provide independent and confidential advice to workers who are unsure
whether or how to raise a public interest concern. Their advice line is
managed by qualified lawyers with a wealth of experience in whistleblowing
law and practice.

As part of our audit work the appointed auditor may look at whether a
public body has appropriate whistleblowing procedures in place. However,
we have no role in overseeing the investigation of whistleblowing
disclosures by other public bodies.

Ian

Ian Metcalfe

Corporate Performance Officer

Audit Scotland, 4th Floor, 102 West Port, Edinburgh EH3 9DN

T: 0131 625 1861

[mobile number]

E: [4][email address]

[5]www.audit-scotland.gov.uk

During the current COVID-19 suppression measures I am working from home.
For more information on Audit Scotland’s work during this situation, read
the statement on our website. [6]https://www.audit-scotland.gov.uk/

[7][IMG]

Right of review and appeal

If you are dissatisfied with how we have handled your information request
or would like us to reconsider the decision we made, please write to:
Diane McGiffen, Chief Operating Officer, at 102 West Port, Edinburgh, EH3
9DN. You should do this as soon as possible and within 40 working days of
the date of issue of our response to your request.

If, after that, you are still not satisfied you can ask the Scottish
Information Commissioner to review how we dealt with your request. This
should be done within 6 months after the date of receipt of our response
to your review. The Commissioner is independent of Audit Scotland and can
decide whether we acted properly and according to the Freedom of
Information (Scotland) Act 2002.

The Information Commissioner can be contacted at: The Scottish Information
Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16
9DS, Tel 01334 464 610, email [8][email address]

════════════════════════════════════════════════════════════════════════

From: Robert Fullerton <[9][FOI #861619 email]>
Sent: Friday, May 13, 2022 2:46 PM
To: BSS - Requests <[10][email address]>
Subject: Freedom of Information request - Whistleblowing Complaints: South
Lanarkshire College

EXTERNAL: THIS EMAIL ORIGINATED OUTWITH AUDIT SCOTLAND

Do not click links, open attachments or reply before asking yourself:

  *   Is the senders email address right? (click the senders Name to see
their email address)
  *   Are you expecting this email?
  *   Does it make sense? Would this person really ask this?
  *   Have you ever had an email like this before?
  *   Is the email written in good English or in the style you would
expect from that person?

Dear Audit Scotland,

I write with reference to the Auditor General’s appearance at a
parliamentary audit committee meeting on 12th May, as reported in the
Herald (13th May 2022), under the terms of the Freedom of Information
(Scotland) Act 2002, and request the following information:

•       Has Audit Scotland received any whistleblowing complaints about
South Lanarkshire College (as reported in the Daily Record, 17 March
2022)?

o       If so, please provide a copy of the complaint.

o       Please advise what action Audit Scotland has taken in response to
the content of the

complaint, given your responsibilities under the Public Interest
Disclosure (Prescribed Persons) Order 2014.

•       Please confirm what locus Audit Scotland has to oversee the
appropriate investigation of whistleblowing complaints by other public
bodies.  It would appear, according to the press, that whistleblowing
complaints were made by staff members at South Lanarkshire College in
September and November 2021, and that these have not yet been considered.

Yours faithfully,

Robert Fullerton

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