Summary: The Ombudsman will not investigate Mr B’s complaint about an overpayment of direct payments. This is because the Council resolved the complaint by taking action with which Mr B and the Ombudsman are satisfied.

The complaint

1. Mr B complained the Council wrongly sent him demands for overpayment of direct payments.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered information from Mr B and the Council. I have contacted Mr B and he has confirmed his complaint is now resolved.

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What I found

4. The Council wrongly paid money into Mr B’s direct payments account and then pursued him for the overpayment. Mr B complained and the Council agreed it would not pursue recouping of the overpayment.
5. More recently, the credit control team at the Council wrote to Mr B and sought repayment of the direct payments.
6. Mr B complained to this office. After making the complaint to us, the Council apologised to Mr B and agreed to write off the outstanding balance on his account. Mr B confirmed this has resolved his complaint.

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Final decision

7. The Ombudsman will not investigate Mr B’s complaint about an overpayment of direct payments. This is because the Council has resolved it by taking action which satisfies both Mr B and the Ombudsman.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman