Summary: Mrs X complained about the Council’s failure to make a payment of £300 following a previous upheld complaint to the Ombudsman. There was no fault by the Council. It sent a cheque to Mrs X that was not cashed. It has now suggested Mrs X’s son provide his bank details and a direct transfer will be arranged. This is an acceptable outcome and there is no need for further investigation by the Ombudsman.

The complaint

1. Mrs X the Council failed to make the remedy payment of £300 following a previous Ombudsman investigation (22 007 192).
2. Mrs X says this has caused significant distress, financial hardship and inconvenience.
3. Mrs X is represented by her son, Mr D, in making this complaint.

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The Ombudsman’s role and powers

4. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. 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

7. I considered evidence provided by Mr D.
8. I considered the Ombudsman’s previous investigation.
9. I made enquiries of the Council and considered its response. Mrs X and the Council had an opportunity to consider this draft decision. I considered any comments received before making my final decision.

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What I found

10. Mrs X complained to the Ombudsman in August 2022 about the Council’s handling of her Housing Benefit and Council Tax Reduction claims. We upheld her complaint. To remedy her injustice, the Council agreed to pay Mrs X £300. The Council requested Mrs X’s bank details but did not receive a response.
11. Instead, the Council sent Mrs X a cheque to her home address.
12. Mrs X says she did not receive this.
13. In March 2024, Mrs X raised a new complaint with the Ombudsman about the Council’s failure to comply with the agreed remedy. She asked for the cheque to made out in Mr D’s name.
14. In response to our initial enquiries, the Council confirmed it sent a cheque to Mrs X, but this was not cashed. To try and resolve the problem, the Council posted another cheque in May 2024. Again, the Council’s records show this was not cashed. My conclusion, on balance of probabilities, is that the cheques were lost in the post or Mrs X was unable to cash them. I have seen no evidence of fault by the Council because it made best endeavours to make the payment.
15. In response to my later enquiries, the Council has suggested Mr D should contact the Council with his bank details and it will transfer £300 into his bank account.
16. This is a reasonable and sensible solution to the outstanding issue, and there is no further role for the Ombudsman.

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Final decision

17. I have completed my investigation. The Council was not at fault and has resolved the issue.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman