Summary: We will not investigate this complaint about whether the Council applied for pension credits on behalf of Mrs X. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr Y complains that the Council applied for pension credits on behalf of his mother, Mrs X, without informing them. He also complains the Council has refused to respond appropriately to his requests for information.
2. He says this raises significant concerns about whether proper procedures were followed and whether the Council acted lawfully. He wants the Council to admit what it did was wrong and the staff involved to resign.

Back to top

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr Y complained the Council applied for pension credits on behalf of Mrs X without either her permission or his, as the person with Lasting Power of Attorney on her behalf.
7. The Council told Mr Y it had not made the application. It confirmed this as part of our enquiries.
8. Mr Y says he asked the Council for copies of documents it holds for Mrs X. He says the Council has not provided them.
9. We will not investigate this complaint. The Council has stated it did not make an application on behalf of Mrs X for pension credits. It has provided an email to Mr Y advising him he should make the application on her behalf as further support of its position. On balance, therefore, there is not enough evidence of fault to justify an investigation.
10. Any complaints about data sharing are better dealt with by the Information Commissioner’s Office.

Back to top

Final decision

11. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman