The Ombudsman's final decision
Summary: We will not investigate this complaint about an invoice from the Council for an overpayment of a Personal Transport Budget. This is because there is not enough evidence of fault.
The complaint
The complainant, Mrs X, complained about an invoice from the Council for an overpayment of a Personal Transport Budget (PTB). Mrs X receives the PTB to take her child to school. Mrs X disputes the amount the Council says she has been overpaid.
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 may decide not to start an investigation if 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
Mrs X receives a PTB to cover the costs of taking her child (Y) to school. During March, April and May 2020, Y’s attendance at school was affected because of COVID-19.
In May 2021 the Council sent Mrs X an invoice for £426.31 to recover an overpayment of the PTB. The invoice said it was for the period 01 April to 31 May 2020. Mrs X disputed the amount. She said she received overpayments of £189.47 and £110.53 in April and May 2020. These came to £300 so she said the Council was looking to recover £126.31 too much (£426.31 less the £300).
In its responses to Mrs X the Council explained: The invoice should have said it was for 01 March to 31 May 2020.
PTB payments are made in advance. Y’s attendance reduced between 01 March and 31 May 2020 because of COVID-19.
The Council overpaid Mrs X £126.31 in March 2020.
The Council overpaid Mrs X £189.47 in April 2020.
The Council was due to pay Mrs X £236.84 for May 2020 based on Y attending school full-time. But to recover the March overpayment it reduced the £236.84 by £126.31 (the amount it overpaid Mrs X in March). It therefore paid Mrs X £110.53 in May 2020 (£236.84 less £126.31).
But Y did not attend school at all in May. This meant the Council should not have paid Mrs Y anything for May. The Council therefore overpaid Mrs X by £110.53 in May.
Mrs X owed the Council £126.31 for March, £189.47 for April, and £110.53 for May. These totalled £426.31.
I understand Mrs X’s initial confusion because the original invoice referred to the wrong period. But the Council has responded to Mrs X and explained the amount owed. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council.
Final decision
We will not investigate this complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman