Buckinghamshire Council (23 011 816)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 14 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a wrongly delivered debt collection letter as there is insufficient remaining injustice caused to the complainant to justify our further involvement.
The complaint
- Ms X complained to the Council that its enforcement agent wrongly delivered a debt collection letter, meant for her neighbour, to her address. Ms X says this caused her distress and to remedy this, Ms X sought an apology, compensation and for the Council to sanction its enforcement agent.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any outstanding injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council explained to Ms X that the letter was hand delivered to her address in error by one of its enforcement agents and was in no way intended to cause Ms X distress. The Council apologised to Ms X; confirmed it had made the enforcement agent aware of their error and that she would receive no further letters.
- We cannot add to what the Council has already done, as any remaining injustice caused to Ms X is not sufficient for us to recommend the Council make her a financial remedy payment or to justify our further involvement. We also cannot ask the Council to sanction the enforcement agent.
- For these reasons, we will not investigate.
Final decisio
- We will not investigate Ms X’s complaint because there is insufficient remaining injustice caused to her to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman