Birmingham City Council (21 010 207)

Category : Benefits and tax > COVID-19

Decision : Closed after initial enquiries

Decision date : 17 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council not giving Miss X a self-isolation support payment. This is because there is insufficient evidence of fault in the Council’s actions. Also, further investigation is unlikely to lead to a different outcome.

The complaint

  1. Miss X complains Birmingham City Council, which I shall call ‘the Council’, refused to give her a self-isolation support payment because she did not live in its area. It told her to apply to the local authority where she lives. Unfortunately, the local authority where she lives told her to apply to the Council because that’s where she self-isolated. She says this cause distress, frustration, and financial hardship.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)
  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, or
  • further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Miss X. including the Council’s responses to her.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The government’s guidance on self-isolation support payments says “Search for your local council to apply on their website. They’ll tell you what evidence you need to apply…”.
  2. Miss X was staying with her mother when she was told to self-isolate by Test and Trace. She stayed with her mother for the duration of her self-isolation and applied to the Council where her mother lives for the self-isolation support payment. The Council rejected her application, advising she should apply to the authority where she lives permanently.
  3. Miss X applied to the council where she lives. However, it rejected her claim stating she had to apply to the Council which covers the address where she spent the self-isolation period. Miss X says she was referred back and forth between the two councils. But she says her application to the authority where she lives has now accepted her application.
  4. The Government guidance tells people to search for their local council. It does not specify they should apply to the council where they are self-isolating.
  5. I understand it has been frustrating for Miss X that each council referred her to the other. However, she has advised the authority where she lives has now accepted her application. Therefore, it is unlikely that further investigation will lead to a different outcome.

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Final decision

  1. We will not investigate Miss X’s complaint because there is insufficient evidence of fault leading to the Councils decision to refuse her application for the self-isolation support payment and to refer to her the Council where she lives.
  2. And, as the Council where Miss X lives has now accepted her application, it is unlikely that further investigation will lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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