Torbay Council (20 004 537)
Category : Benefits and tax > Local welfare payments
Decision : Closed after initial enquiries
Decision date : 26 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to award a crisis support payment so the complainant can buy a generator. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mrs X, complains the Council will not provide crisis support so she can buy an electric generator. Mrs X wants the Council to change its decision.
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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of private individuals and park owners. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I read the complaint and Mrs X’s application for crisis support. I considered the Council’s responses and found out that it had signposted Mrs X to its licensing team. I considered comments Mrs X made in reply to a draft of this decision.
What I found
Crisis support
- The scheme provides support for vulnerable people who do not have enough money for essential items due to an emergency or a crisis. The Council can provide help with daily living costs or provide loans for furniture and white goods.
- The Council has a limited amount of money to spend on crisis support.
What happened
- Mrs X lives in a residential caravan park. She has gas heating but it, and everything else, is dependent on electric to run. Mrs X has a range of health problems and needs a constant electric supply.
- Mrs X applied to the Council for crisis support. She explained she was experiencing daily power cuts. She asked for money so she could buy a generator.
- The Council refused the application because a constant electric supply is something that should be provided by the owner of the caravan park. It explained the crisis scheme is for people who have no other options. It signposted Mrs X to the licensing team.
- The licensing team advised Mrs X to speak to the park owner again. The team asked Mrs X to get back in touch if she had been unable to resolve the issue with the owner. The Council told me Mrs X has not returned to the licensing team for further help.
- Mrs X is still experiencing power cuts. She says there is a new park owner which has added to the difficulty of sorting the problem out. She involved an electrician but says she cannot force a repair without taking legal action which will take too long.
Assessment
- I will not start an investigation because there is insufficient evidence of fault by the Council. This is because a constant electric supply is something that should be provided by the park owner and it would not be appropriate to spend the limited money available for crisis support on something that should be provided by the owner as part of the park licence.
- The Council acted appropriately by signposting Mrs X to its licensing team. Mrs X can go back to the licensing team as she is still having power cuts. Mrs X may want to contact the licensing team as a matter of urgency so the Council can take further action as soon as possible. If Mrs X thinks the Council (licensing) is not responding properly she can make a complaint to the Council.
- The Ombudsman cannot resolve the electric supply problem as he has no power to investigate private individuals.
Final decision
Investigator's decision on behalf of the Ombudsman