The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s communication with Mrs X about her eligibility for benefits. This is because there is not enough evidence of fault.
The complaint
Mrs X complains the Council: Did not properly inform her about her eligibility for an additional benefit; and Handled her complaint poorly.
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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council should have informed her about her potential eligibility for an additional benefit during two assessments in 2021 and in 2023.
The Council sent Mrs X a letter offering a benefit eligibility check with a form for her to complete prior to her assessment in 2021. Mrs X did not return the completed form. It sent Mrs X the same letter and form following an assessment in 2023 and Mrs X completed and returned the form. The Council completed the check and told her she may be eligible for an additional benefit. There is not enough evidence of fault in the Council’s decision making to investigate.
It is not a good use of public resources to investigate complaints about complaints procedures if we are not investigating the substantive issue.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman