Oldham Metropolitan Borough Council (19 014 676)
The Ombudsman's final decision:
Summary: Ms F complains on behalf of Mr C that the Council refuses to stop being Mr C’s appointee and allow him to manage his own benefits. The Ombudsman has discontinued this investigation as there is another body better placed to consider the complaint.
The complaint
- Ms F complains on behalf of Mr C that the Council refuses to consider allowing him to manage his own benefits. As a result, Mr C feels frustrated and says he often has to wait a long time to receive items he requests as he cannot pay for them himself.
The Ombudsman’s role and powers
- 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)
- 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider a complaint.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered a complaint form from Mr C’s previous advocate, Mr B and discussed the matter with him. I have also read the Council’s response to Mr B’s complaint.
- Mr C 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
- The Department for Work and Pensions (the DWP) can appoint a person or organisation, for example, a council, to manage a person’s benefits on their behalf (an appointee) where they are unable to do so themselves. The DWP also has the power to remove an appointee in certain situations.
- In August 2019, Mr B wrote to the Council asking it to stop acting as Mr C’s appointee. The Council replied explaining why it did not consider Mr C was capable of managing his own benefits. Mr B approached the Ombudsman in November 2019 as Mr C was not satisfied with the Council’s response.
- During my discussion with Mr B, he confirmed Mr C ultimately wants the Council to stop acting as his appointee. The DWP is in a position to achieve this outcome, whereas an Ombudsman investigation, if it found fault, could only recommend the Council review its position. Mr B has confirmed he will approach the DWP on Mr C’s behalf.
- Mr C now has a new advocate, Ms F. I consider it appropriate for Mr C to contact the DWP with Ms F’s support.
Final decision
- I have discontinued my investigation on the basis that the DWP is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman