Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a COVID-19 Test and Trace support payment. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council wrongly refused his application for a £500 Test and Trace support payment.

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The Ombudsman’s role and powers

2. 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My Assessment

6. Where people on low incomes are told to self-isolate by NHS Test and Trace due to COVID-19 and lose income as a result they may be able to claim a £500 Test and Trace support payment. Applications for the scheme must be made within 42 days of the start of their period of self-isolation.
7. Mr X began self-isolating in March 2021 after being told to go home by his employer because one of his colleagues had tested positive for COVID-19. He says he spoke with NHS Test and Trace and booked a test to confirm if he had contracted the virus; he had not. Two days later NHS Test and Trace contacted him and confirmed the start of his self-isolation should have been six days before he was sent home. They advised he must self-isolate for 10 days from the earlier date. Mr X spoke with his employer but they told him he could not return until he had self-isolated for 10 days from the date he was sent home.
8. Mr X applied for the Test and Trace Support payment in April 2021 but the Council refused his application. This was because he applied outside the 42-day period.
9. Mr X disputes the Council’s decision. He says he applied within 42 days of the start of his self-isolation and believes he is entitled to the payment.
10. Eligibility for the Test and Trace support payment depends on applicants meeting certain criteria. These include being told to stay at home and self-isolate by NHS Test and Trace or the NHS COVID-19 app. The Government’s website states “You can claim up to 42 days after the first day of your self-isolation period.”
11. The Council has relied on the date given by NHS Test and Trace in determining Mr X’s application; this is not fault. The fact that Mr X’s employer told him to go home later than this is not relevant. Mr X was aware NHS Test and Trace considered he should have isolated from the earlier date and it was for him to ensure he submitted his application within 42 days of this date.

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Final decision

12. We will not investigate this complaint. This is because there is no evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman