Summary: We will not investigate this complaint that the Council failed to act in a timely manner when the complainant requested it made rent payments into a different bank account and about the way it dealt with his complaint. This is because he has not suffered significant enough injustice to justify investigating his complaint.

The complaint

1. The complainant, Mr B, complained that the Council failed to act in a timely manner when he requested it made rent payments into a different bank account and about the way it dealt with his complaint.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. Mr B has had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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My assessment

6. Mr B is a private landlord who participates in the Council’s Guaranteed Rent Scheme. In a letter to Mr B the Council said he had asked for payments to be made to a different bank account in October 2020 but it needed do an audit check before this could be done.
7. In its final response to Mr B’s complaint the Council said Mr B had sent a change of bank account details form in April 2021. The Council said on the same day one of its officers had informed him payments for June 21 had already been processed but the new payment would be made in July 21. The Council has acknowledged, because of its error, the payment was not made to the account until August 2021. The July 2021 payment was made in accordance with the original bank account details. The Council has apologised to Mr B for its error and offered him a £25 payment. Mr B’s view is the Council could have done more to make sure the payments were made in a timely manner.
8. Mr B told us, when he made a written complaint, a council officer called him and informed him nothing could be done. He complained about the manner of the Council’s officer and said the Council failed to address this properly.
9. He said the way the Council handled his complaint was wrong. He told us the Council failed to take his complaint seriously and did not want to take it further at first. He said he had to make several calls and send a number of emails about the matter.
10. It would not be possible for us to reach any safe conclusions on Mr B’s complaint about the manner of the Council’s officer.
11. Mr B has had to go to the trouble and inconvenience of complaining to the Council and taking his complaint further when he was dissatisfied with its initial responses. But the Council eventually resolved the payment issue. The injustice Mr B has suffered is not significant enough for us to justify investigating his complaint. We would not investigate a complaint about the Council’s complaint handling when we are not investigating the issue which gave rise to the complaint.
12. Mr B would like to take his property out of the Guaranteed Rent Scheme. But the Council has told him he would need to serve notice on the tenant first of all.

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Final decision

13. We will not investigate Mr B’s complaint because he has not suffered significant enough injustice.

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Investigator's decision on behalf of the Ombudsman