Summary: We will not investigate Mr X’s complaint about funds due to be repaid to the Council following the closure of his Direct Payment account. This is because it is unlikely we would add to the Council’s response which explains Mr X needs to provide further specific documents which will enable the Council to fully reconcile the account and calculate the amount due.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council has told him over £6000 is due to be repaid to the Council following the closure of his Direct Payment account.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (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.
6. I sent the complainant a draft of my decision and considered his comments in response.

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My assessment

7. Mr X was in receipt of Direct Payments until April 2020, when he asked for them to end.
8. Mr X complains the Council has told him there is an approximate balance of over £6000 to be repaid following closure of the Direct Payment account. This is an approximate figure because the account has not yet been reconciled.
9. Mr X complained to the Council. The Council informed Mr X that in order to carry out a full reconciliation of his Direct Payment account it needs Mr X to provide the previously requested bank statements for the months leading up to the final invoice being paid. Once it has these statements, it will be able to calculate the exact amount due.
10. Mr X has not yet provided these bank statements.

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Final decision

11. We will not investigate this complaint. This is because there is nothing further we could add to the Council’s response which clearly sets out the information Mr X needs to provide to enable the Council to fully reconcile the account and calculate the figure due.

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Investigator's decision on behalf of the Ombudsman