Summary: We will not investigate Mr X’s complaint about the Council’s actions as his financial appointee. This is because there is not enough evidence of fault to justify investigating, further investigation would not lead to a different outcome, and he can use his right to request a review from the Council.

The complaint

1. Mr X complains the Council:
• has not paid his service charge; and
• has not provided him with a financial statement; and
• has changed his personal allowance.
2. Mr X says this causes him stress and impacts his finances. He would like the Council to pay his service charge and provide him with a financial statement and daily allowance.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating; or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal;

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council is Mr X’s financial appointee. An appointeeship can be applied for through the Department of Work and Pensions (DWP) to allow a person or organisation such as a local council to have the right to deal with the benefits of someone who cannot manage their own affairs due to mental incapacity or severe disability.
7. Mr X complains the Council has not paid his service charge. Mr X says he is unable to access the internet due to the arrears. The Council says there has been a delay in service charge payment and it is working to resolve the outstanding fee. The Council do not anticipate the delay in service charge payment impacting Mr X’s placement. The Council will contact the placement to ensure Mr X’s access to the internet is restored. I am satisfied with the Council’s response and further investigation would not lead to a different outcome.
8. Mr X complains the Council has not provided him with a financial statement. The Council say Mr X is exempt from paying assessed contributions as he is on a Community Treatment Order under Section 117 of the Mental Health Act. The Council say this has been explained to Mr X. I am satisfied with the Council’s response and there is not enough evidence of fault to justify investigating further.
9. Mr X also complains the Council has changed his personal allowance. Mr X receives his money three times per week, receiving set amounts on set days. Mr X’s care coordinator decided this arrangement. The Council says it reviews personal allowances once per year as standard practice. The Council say if Mr X requests a review, it will conduct a review within one week. Mr X can request a review from the Council and therefore I will not investigate this matter further.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating, further investigation would not lead to a different outcome, and he can use his right to request a review from the Council.

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Investigator's decision on behalf of the Ombudsman