Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her application for a COVID-19 Test and Trace support payment. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, who I shall refer to as Miss X, complains the Council wrongly refused her application for a £500 Test and Trace support payment.

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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. 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))
4. 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

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

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My assessment

7. People on low incomes who are told to self-isolate by NHS Test and Trace due to COVID-19, and lose income as a result, may be able to claim a £500 Test and Trace support payment. They must meet the following general rules:
• They must have been told to self-isolate by NHS Test and Trace either because they’ve tested positive for COVID-19 or have recently been in close contact with someone who has tested positive
• Be employed or self employed
• Be unable to work from home and will lose income because of the self-isolation: and
• Currently receiving Universal Credit, Working Tax Credit, Income based Employment and Support Allowance, income-based Jobseekers Allowance, Income Support, Housing Benefit and/or Pension Credit.
8. Miss X applied for a Test and Trace support payment. She says although she could work from home, she was too ill with COVID-19 to do so. And she only received Statutory Sick Pay. Therefore she had short fall in income.
9. The Council refused her application because she does not meet the criteria. Even though she was too sick to work, she had the ability to work from home. The Council advised Miss X she may be eligible for other help.
10. I understand Miss X is disappointed with the Council’s decision. But eligibility for the Test and Trace payment depends on applicants meeting certain criteria. The Council says she did not meet the relevant criteria. I have not seen any evidence which suggests the Council’s decision was wrong. We will not therefore investigate.

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Final decision

11. We will not investigate Miss X’s complaint as there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman