The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council had not transferred his appointeeship. There is nothing to suggest Mr X has been cause a significant injustice.
The complaint
Mr X complained the Council would not transfer the appointeeship for his finances to a neighbouring borough. He said the Council had not given him his money and that he was reliant on family members for financial support.
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, or further investigation would not lead to a different outcome.
(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
Mr X used to live in the Council’s area. He moved to a neighbouring borough several years ago. Mr X said the Council refused to transfer responsibility for his appointeeship to the area he now lives.
Although Mr X is unhappy the Council has not transferred the appointeeship, we will not investigate this complaint. Mr X has confirmed to the Ombudsman that he does receive his benefits from the Council and that these are issued through post office vouchers to his mother. As Mr X is receiving the money he is entitled to, there is nothing to suggest he has been caused an injustice by the Council retaining responsibility for his appointeeship.
In addition, we cannot direct the Council to transfer the appointeeship. Following Mr X’s complaint, the Council contacted him to arrange a face-to-face meeting to discuss his request. Mr X has not met with the Council therefore, it has not progressed the transfer of the appointeeship.
The Council has explained it has a process it needs to follow. If Mr X wants to progress the transfer, he needs to meet with the Council to discuss this. Further investigation by the Ombudsman will not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because there is no evidence the Council’s actions have caused a significant injustice.
Investigator's decision on behalf of the Ombudsman