London Borough of Haringey (22 016 023)
The Ombudsman's final decision:
Summary: Mz X complains that the Council failed to take the agreed action following a previous complaint. We found there was fault and recommended the Council took action to put things right.
The complaint
- Mz X complained that the Council paid the remedy for their previous complaint into the wrong bank account, which is closed. As they cannot access it, they complained the remedy has not been provided and the matter has caused more distress and inconvenience.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I spoke to Mz X and considered their complaint. I considered information the Council sent us about the matter.
- Mz X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mz X made a previous complaint to the Ombudsman about the Council incorrectly charging their mother for a telecare service over a prolonged period. We found there was fault. To remedy the complaint, we recommended the Council paid Mz X’s mother £100.
- Initially the Council sent a cheque to Mz X’s mother. This was not received, so the Council agreed to arrange a payment by BACs transfer. Mz X provided the bank details the payment should be made to.
- The Council made the payment on 13 January 2023. Unfortunately, it overlooked the bank details Mz X had provided and made the payment to HSBC bank account details it had on record for Mz X’s mother.
- Mz X contacted the Council and the Ombudsman to state that the HSBC account the payment went to was closed. They provided correspondence from the bank dated 12 January 2023 that evidenced this was the case.
- The Council investigated and responded. It stated, generally, if a payment was made to a closed account it would be sent back to them. It stated that the money had not been returned in this instance. If the account was still open, there would nothing further the Council could do. The Council asked Mz X to confirm when the account was closed and if it was closed on the day the payment was made and it would investigate further.
- Mz X made a formal complaint. They also complained to the Ombudsman that the remedy agreed to remedy their previous complaint had not been provided. They stated the Council had not acted on the instructions given and it had caused Mz X and their mother further upset. Mz X was not prepared to contact the bank. They told us they had nothing to do with the bank any longer and the bank would not provide information to Mz X because the account was not in their name. They stated all their mother’s transactions now went through their account. The Council’s finance department had known this for a long time. Mz X complained that the Council should make the payment again and pay compensation.
- We asked Mz X to clarify the date the account was closed. They sent us a final statement of account sent to their mother on 13 January 2023. The statement showed the account had been closed on 5 January 2023.
Was there fault by the Council
- We found there was fault by the Council. Unfortunately, when making the payment of £100 the Council paid it to the wrong account. Mz X has provided evidence the account was closed at the time the payment was made so they have not got the £100 paid. They explained getting more information about the account was difficult as it was not in their name.
- To remedy the previous complaint the Council agreed to pay £100 to Mz X’s mother. As the payment has not been received, it should be paid again to Mz X’s bank account. We have provided the account details in our covering letter to the Council. To recognise the further time and trouble caused by the Council’s error, we recommend the amount is increased from £100 to £150. The Council agreed to this.
Agreed action
- Within four weeks:
- The Council should pay £150 to Mz X’s bank account to remedy the previous complaint they made and to recognise the additional time and trouble caused by the error in making the payment.
- The Council should provide us with evidence it has complied with the above actions.
Final decision
- There was fault by the Council. I have now completed my investigation and closed the complaint on the basis the Council takes the action agreed above.
Investigator's decision on behalf of the Ombudsman