Newcastle upon Tyne City Council (19 017 718)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Upheld
Decision date : 03 Mar 2020
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with his complaint about a refund. The Ombudsman will not investigate this complaint because the Council’s proposed remedy is satisfactory.
The complaint
- Mr X complains about the way the Council dealt with his complaint about a refund.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.
What I found
- Mr X had previously complained to the Council about an overpayment of housing benefit. The Council agreed to repay the amount collected from him and awarded him a further £100 compensation for his time and trouble.
- He says that the Council officer then failed to phone him back about the matter on the day promised and his apology was not sufficient.
- I am satisfied that the failure to phone Mr X does not cause significant injustice to him and does not warrant a payment of compensation in addition to that already agreed.
Final decision
- I will not investigate this complaint because the Council’s offer of compensation is sufficient to remedy the complaint.
Investigator's decision on behalf of the Ombudsman