• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a financial assessment. Ms X should have informed the Council when her benefits increased. The Council followed its policy and procedures when it pursued the overpayment from Ms X. There is insufficient evidence of fault to justify our involvement.

The complaint

1. Mr X complained on behalf of his mother Ms X.
2. Mr X complained the Council asked Ms X to sign documents related to a financial assessment even though she did not understand them. He said Ms X was not aware that her benefits had increased. This was because she did not understand the letter and therefore did not inform the Council of a change in circumstances. Mr X asked the Council to reconsider pursuing the overpayment from Ms X as it would cause her financial strain.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council carried out a financial assessment for Ms X. Ms X signed the declaration that she understood that if her circumstances changed, she must inform the Council. Mr X said his mother does not speak English and did not know what she had signed.
7. The Council said if the officer was unable to communicate with Ms X at the time of her financial assessment or they felt that she did not understand what she was being told, it is procedure to request an interpreter/family member to assist with these matters. It said having checked the records there are no case notes to suggest that the officer who carried out the financial assessment had any concerns.
8. Ms X’s benefits increased the month after the assessment took place. Ms X did not inform the Council. Mr X said his mother may have received the letter regarding her benefits, but she would not have been able to read or understand it. He said this took place during Covid-19 lockdown and so no family member was there to interpret.
9. A year later, when the Council completed the annual review of Ms X’s financial assessment, it identified the overpayment. It wrote to Ms X to pursue the overpayment.
10. The Council followed its procedure when carrying out Ms X’s financial assessment. There is insufficient evidence that Ms X signed the declaration without understanding. Ms X should have informed the Council when her benefits increased. Ms X’s lack of understanding of English is not an acceptable reason for failing to inform the Council. Ms X had nearly a year to contact the Council about the change in circumstances.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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