The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to decline Mr X’s application for its local welfare scheme. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council did not consider his disability, bereavement or need for reasonable adjustments when it declined its application for financial assistance. He also complained the Council was not transparent about the complaint in correspondence with his MP and failed to provide personal records when asked to do so.
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, or any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after it declined his application for its welfare scheme. Mr X said the Council did not consider his disability or personal circumstances. He also complained the Council was not transparent about the complaint in correspondence with his MP and failed to provide personal records when asked to do so.
The Council explained the scheme is discretionary and it did not consider Mr X’s financial circumstances met the criteria for the scheme. The Council acknowledged Mr X’s disability and personal circumstances but did not uphold his complaint.
Mr X wants us to find the Council at fault. The scheme he applied to is administered at the Council’s discretion. The Council has explained why it has declined Mr X’s application and it was entitled to make this decision. There is no evidence of fault or discrimination in its actions.
Mr X is unhappy with the Council’s lack of transparency when discussing the complaint with his MP. Any injustice sustained due to this is not likely to be significant. The Ombudsman will not investigate complaints where the injustice is not significant.
Mr X reports the Council has failed to respond to his request for personal information and he has referred this to the information commissioner’s office (ICO). The Ombudsman will not investigate matters where another body is best placed to deal with it. The ICO is the body who considers matters relating to information or data requests. This part of the complaint is for the ICO to investigate.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman