Oadby & Wigston Borough Council (23 011 882)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council incorrect pursuing Mr X for a debt he did not owe. This is because the Council has made a suitable offer to remedy the injustice caused by the faults identified and so an investigation would not lead to a different outcome.
The complaint
- Mr X complains the Council incorrectly pursued him for a debt he did not owe. He said the enforcement visits caused him distress and he is unhappy with the remedy offered by the Council.
The Ombudsman’s role and powers
- 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 an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- investigation would not lead to a different outcome.
(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
- Mr X was visited by enforcement agents three times for a debt he did not owe.
- The Council has accepted there were several administrative faults which led to these unnecessary visits. The Council has accepted Mr X does not owe the debt and has apologised for the fault accepted.
- To recognise the distress caused by the visits, the Council agreed to make a financial payment of £350 to Mr X. Mr X is unhappy with this amount.
- An investigation is not justified as it would not lead to a different outcome. The Council appropriately acknowledged the faults and has apologised for this.
- Further, the Council offered an appropriate remedy to recognise the injustice caused to Mr X. The Council’s offer is in line with the Ombudsman’s guidance on remedies. Therefore, an investigation would not lead to any further recommendations from us.
Final decision
- We will not investigate Mr X’s complaint because the Council has made a suitable offer to remedy the injustice caused by the faults identified and so an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman