Summary: Ms X complained the Council wrongly refused her application for a £500 self-isolation support payment causing her financial hardship. Based on the information seen, there is no evidence of fault as Ms X did not provide all the information requested by the Council and in line with the Government’s implementation guidance.

The complaint

1. Ms X complained the Council refused her application for a £500 self-isolation support payment.
2. She says this caused financial difficulties as she was not able to work.

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The Ombudsman’s role and powers

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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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”.
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• sent my draft decision to both the Council and the complainant and invited their comments.

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What I found

Test and Trace Support Payments

7. In September 2020, the Government introduced NHS Test and Trace Support Payments. Anyone who qualified for a payment would receive £500.
8. The qualifying criteria were as follows, that the applicant:

• has been told to stay at home and self-isolate via NHS Test and Trace;
• is employed or self-employed;
• cannot work from home and will lose income because of self-isolating;
• receives (or is the partner of someone receiving) one or more of several qualifying benefits, including housing benefit.

9. The scheme required applicants to complete an online application form and provide:
• Evidence that they were required to self-isolate
• Bank statements
• If self-employed, evidence of self-assessment returns, trading income and proof that their business delivers services which cannot be undertaken without social contact; and
• Confirmation that they are in receipt of one of the qualifying means-tested benefits

Key facts

10. Ms X completed the online application on 10 March 2022 after being contacted by the NHS test and trace on 18 February saying she had to self-isolate until 26 February.
11. The Council sent Ms X an email on the same day saying it had received her application but that it still required information before it could process her application. It asked her to provided bank statements for January and February which show her income from self employment; her latest self assessment or profit and loss account along with recent invoices confirming self employment, her latest tax return to HMRC; proof of any cancelled orders, bookings or cancelled work as a result of having to self-isolate and proof of her in work benefit. It asked her to provide the information by 24 March.
12. On 17 March the Council sent Ms X an email saying that her application had been unsuccessful because she had not provided the evidence requested in the email dated 10 March.
13. On 23 March Ms X contacted the Council again and submitted further documents. She explained she had previously submitted bank statements and was now sending proof of job cancellations and receipt working tax credit.
14. The Council wrote to Ms X on 28 March saying it had reviewed her application for a test and trace payment but that it still required evidence to enable it to make a decision. The requested information was the same as the previous email apart from proof of her in work benefit. It asked her to respond by 3 April.
15. Ms X responded on 29 March. She felt the decision to refuse the payment was unjustified and said she had sent all the necessary documentation. She resent the bank statements saying she understood the Council had been unable to open them previously. Ms X explained she worked as a domestic cleaner and did some dog walking. She said her clients were private individuals who did not require an invoice an some pay in cash while others pay into her bank account, She also explained that some pay monthly in advance while other pay at the end of a certain period.
16. The Council wrote to Ms X on 5 April saying her application was unsuccessful as she had not provided all the information requested. The Council said it could not make any further reconsiderations of her case and there were no appeal rights.
17. Ms X contacted the Ombudsman on 17 April.

Analysis

18. Ms X complains the Council wrongly refused her application for a test and trace payment saying she provided all the information required. I have considered the information provided by the Council including a copy of her original application form and her subsequent emails setting out the evidence she provided.
19. On the basis of the information I have seen, I am satisfied the Council clearly explained to Ms X the information that it required in order to consider her eligibility for the test and trace payment. While Ms X provided the Council with copies of her bank statements, evidence of her entitlement to working tax credit and text messages between herself and customers showing cancelled appointments, I have not seen evidence of all the information requested.
20. There is nothing to suggest Ms X provided evidence of her HMRC tax return or profit and loss account which would confirm her self employed status. The emails Ms X sent to the Council on 23 and 29 March do not make any reference to suggest this information was included. I am satisfied the Council was required to request such information and that this formed part of the implementation guidance provided by the Department of Health and Social Care to Local Authorities.
21. The guidance also states that local authorities are not required to provide a right of appeal against any decision not to award a payment. However, it says that they should work with applicants to make sure they provide the necessary evidence to support a successful application. Based on the evidence I have seen, the Council wrote to Ms X on two occasions setting out exactly what evidence it required in order to consider her eligibility and giving her more time to provide it.
22. As there is no evidence to suggest Ms X provided all the information requested by the Council to consider her eligibility, I find no fault in the Council’s decision to decline her application.

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Final decision

23. I will now complete my investigation as there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman