London Borough of Brent (19 011 947)

Category : Benefits and tax > Local welfare payments

Decision : Closed after initial enquiries

Decision date : 17 Sep 2020

The Ombudsman's final decision:

Summary: Ms X complained about the Council’s failure to re-issue a crisis grant for white goods which she was awarded in 2018. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it was received outside the normal 12-month period for receiving complaints.

The complaint

  1. The complainant, whom I shall call Ms X, complained about the Council failing to re-issue a grant voucher for £300 to buy white goods which she says she needed as an emergency. She did not receive a replacement voucher until 2020 when she complained to the Council.

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The Ombudsman’s role and powers

  1. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

  1. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response. Ms X has been given an opportunity to comment on a draft copy of my decision.

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What I found

  1. Ms X applied to the Council for a grant for white goods in February 2018 because she urgently needed a new washing machine due to her family’s health issues. She was issued with a card which had to be activated by contact from the applicant to prevent fraud. The Council says Ms X did not contact to activate the card and eventually the funds were withdrawn when it expired.
  2. In May 2019 Ms X contacted her social worker about the grant which she says they were unable to claim due to it being lost and which they did not get chance to use due to building works at their home. The social worker asked for details about the claim which the Council says were not received.
  3. Ms X complained to the Council in July 2019 but says she did not receive anything further than an acknowledgement. In October 2019 she complained to us. The Council investigated the complaint and asked her to re-apply for the grant. This was not pursued until after a home visit in April 2020 and the voucher was not re-issued until July. The Council has accepted that there was delay in re-issuing the voucher and it has offered Ms X £100 compensation as a result.
  4. Whilst it is clear that there has been some delay in the Council advising Ms X to re-apply for the grant since she complained to us, she was aware of the payment not being received for over 12 months before she raised the matter with the Council and for 17 months before she complained to us. Given the urgent need for the white goods it was reasonable to expect her to pursue the matter within weeks of not receiving the credit on the card sent to her. By doing so she could have had the grant re-issued up to 2 years before it was.
  5. We will not exercise discretion to consider the period prior to her complaint in 2019 because there is no evidence of fault at this time. the Council’s offer of £100 is a reasonable remedy for the delay in re-issuing the voucher in 2020.

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Final decision

  1. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it was received outside the normal 12-month period for receiving complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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