Summary: Ms X complains the Council delayed paying a financial remedy recommended by the Ombudsman in 2016. There is no fault in the actions of the Council as it did not receive Ms X’s bank account details until 2019.

The complaint

1. Ms X complains the Council failed to pay her a financial remedy recommended by the Local Government and Social Care Ombudsman in 2016. Ms X says she has chased the Council for payment since 2016. Ms X says she has lost out being able to use the money in the interim.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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)
4. 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)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have spoken to Ms X about her complaint and considered the information she provided to the Ombudsman. I have also considered information the Council has provided about other financial remedies paid to Ms X as a result of upheld complaints.
7. I have written to Ms X and the Council with my draft decision and given them an opportunity to comment.

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What I found

8. In April 2016 the Ombudsman upheld Ms X’s complaint against the Council. The Ombudsman found there had been a delay in appointing an advocate for one of her children. The Ombudsman said this had caused Miss X some distress and recommended the Council pay her £150.
9. Ms X says she chased the Council for payment but no payment was made. In August 2016 a Council officer asked Ms X to provide her bank details. Ms X says she was dealing with the officer by phone after this but no payment was made. The Council says it has no record of these conversations and the officer no longer works for the Council.
10. Ms X complained to the Council in 2018 about other matters. The Council agreed to pay Ms X £400 because it failed to provider her with proper support and caused her distress.
11. The Council issued its decision on Ms X’s complaint in August 2018 but did not contact her regarding payment until October 2018. The Council has accepted there was a delay at this point. However, the Council says Ms X did not provide valid bank details until February 2019 and so it was unable to process a payment until March 2019.
12. The Council has not paid Ms X the £150 as it is awaiting the outcome of this investigation before doing so.

My findings

13. Ms X complained to the Ombudsman about the Council’s failure to pay the 2016 financial remedy in December 2018. I can see no reason why Ms X could not have contacted the Ombudsman sooner if she had not received payment. Therefore, I have investigated what happened since December 2017.
14. Ms X says she was dealing with an officer by telephone and so has no records of her conversations regarding the payment. The officer no longer works for the Council and there are no records of these calls. I have no way of knowing what was said in these calls or what advice was given. Therefore, there is no fault in the Council not paying Ms X the £150 sooner. This is because there is no evidence Ms X provided the Council with her full bank details earlier than February 2019.
15. Ms X had contacted the Council to request it pay interest due to the delay in making the payment. Ms X complained to the Ombudsman when the Council refused to do so. The Council was entitled to wait on the outcome of this investigation to wait to make the payment.
16. The Council is not at fault for any delays in paying the £150 to Ms X recommended in 2016. However, the Council now has Ms X's bank details and should make the payment as soon as possible.

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Final decision

17. I have completed my investigation as I have found no fault.

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Investigator's decision on behalf of the Ombudsman