Sandwell Metropolitan Borough Council (19 020 410)
Category : Benefits and tax > Local welfare payments
Decision : Not upheld
Decision date : 23 Apr 2021
The Ombudsman's final decision:
Summary: Mr X complained the Council gave him poor debt advice. He says this caused him an injustice because he accrued debt of over £9,000. I do not have enough evidence to continue my investigation of this complaint.
The complaint
- Mr X says a Council representative gave him poor debt advice, advising him to obtain credit cards that led to a large debt.
- He says he recorded a meeting he had with the representative but the Council refused to discuss this with him.
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 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)
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered the complaint file and made enquiries with the Council.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mr X is autistic, which is relevant to this complaint. A Community Psychiatric Nurse (CPN) made a referral to the Council’s Floating Support Service in February 2019.
- The outcomes Mr X requested were for the Council to “…support me to establish and maintain a successful tenancy due to homelessness” and “…to support me with my physical and mental wellbeing to prevent my condition deteriorating and the impact this may have.”
- The Council notes the referral form did not ask for any specific help with Mr X’s finances.
- An assessment was carried out on 13 March 2019. Mr X says that at that meeting the officer, Officer P, advised Mr X to apply for more credit cards and move his debt to those cards. Officer P denies this happened.
- Officer P says that if Mr X had asked for debt advice she would have signposted him to a specialist organisation such as the Citizens Advice Bureau.
- The case notes of the meeting record that Mr X said he was managing his bills. He said a Debt Recovery Order was in place, which would soon be completed. It also recorded that he had a debt of £600 and would be applying for an interest free credit card. Mr X says the debt was actually £900.
- Mr X says the support worker failed to try and deter Mr X from obtaining a credit card even though she would have been aware that he found it difficult not to impulse spend.
- Mr X says he has a recording of the conversation he had with Officer P. The Council says it asked Mr X to share this recording in March 2020. It says Mr X said that he had shared the conversation with us instead.
- We have asked for a copy of that recording in June 2020 and September 2020. Mr X has not provided the recording. I cannot make any judgment on a conversation that I was not present at. On that basis, I am discontinuing investigating this complaint as I do not have enough evidence to make a finding about the conversation Mr X says led him to accrue debt.
Final decision
- I have now completed my investigation of this complaint. I have not found the Council at fault.
Investigator's decision on behalf of the Ombudsman