The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s fee for signing a proof of life document. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
The complainant, Mr X, complains the Council charges £26.50 to sign a proof of life document, which he needs in order to receive his pension from an EU country. Mr X says he previously received this service from the Council without being charged.
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) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its £26.50 fee for signing a proof of life document.
The Council explained that signing of these documents is not a statutory service, however it has decided to provide this service for a fee. It explained Mr X’s pension provider will maintain a list of suitable persons and bodies authorised to sign a proof of life form should he decide not to use the Council for this service.
We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council here. It has explained that signing of the form is not a service it is required to provide. It is open to Mr X to use an alternative person or body for this service should he consider the Council’s charge to be too expensive. There is nothing further we could add to the response the Council has already provided on this matter. The Council’s decision to charge for this service is one it is entitled to make.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council.
Investigator's decision on behalf of the Ombudsman