Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to award a test and trace payment available during COVID-19. This is because the Council’s decision has not caused Mrs X significant personal injustice.

The complaint

1. The complainant, whom I shall call Mrs X, complains the Council has refused her application for a test and trace payment available during COVID-19.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. 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:

• the fault has not caused injustice to the person who complained, 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)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also considered information from the Council. I gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. People required to self-isolate due to COVID-19 could apply for a test and trace support payment of £500 from 28 September 2020. The scheme was designed to help those who would lose income because they had to self-isolate.
6. Mrs X was required to self-isolate because of a positive test for COVID-19. Mrs X’s employer had paid her salary a week in advance. Mrs X says her employer will require her to repay the money or to work unpaid for a week. Mrs X is currently furloughed. The Council has refused Mrs X’s request for a test and trace payment. It says this is because she has not yet lost any income. The Council says that if when Mrs X returns to work, her employer requires her to either work unpaid or to repay a week’s salary, it will reconsider her request.
7. In deciding whether to investigate a case we need to consider the alleged injustice to the person complaining. But Mrs X has not been disadvantaged by the Council’s decision. This is because she has been paid by her employer for the period the test and trace payment would cover. While Mrs X is worried she will have to work unpaid or repay her salary, this has not yet happened. Any injustice to Mrs X from the Council’s decision is therefore speculative. We do not look at complaints based on what might happen and so we will not investigate.
8. When Mrs X returns to work, she should contact the Council if she is required to repay her salary or to work unpaid. If Mrs X was unhappy with the Council’s response, she could then make a fresh complaint to the Ombudsman.

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Final decision

9. We will not investigate Mrs X’s complaint. This is because Mrs X has not been caused significant personal injustice.

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Investigator's decision on behalf of the Ombudsman