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

  1. Mr X complains about the way the Council dealt with his complaint about a refund.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.

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What I found

  1. 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.
  2. 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.
  3. 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.

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Final decision

  1. I will not investigate this complaint because the Council’s offer of compensation is sufficient to remedy the complaint.

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Investigator's decision on behalf of the Ombudsman

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