Summary: We will not investigate Mr X’s complaint that the Council forged a document because there is not enough evidence of fault, and Mr X’s complaint about bailiffs visits is premature. Mr X’s complaint about a bus pass has already been remedied and further investigation is unlikely to provide a different outcome. We cannot investigate Mr X’s complaint about housing benefit payments as he took this matter to court.

The complaint

1. Mr X complains that a form about his supported living tenancy was forged by the Council, and he has had several visits from bailiffs in error. Mr X also complains he has not received agreed payments from the Council regarding previous complaints he had about a bus pass and housing benefit.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council responded to a Subject Access Request from Mr X and provided a scanned copy of a form about his supported living tenancy. Due to the distorted appearance Mr X alleged the form had been forged. The Council says it is a genuine form, and the distortion is due to the scanning and printing process. There is not enough evidence of fault by the Council, and I will not investigate this complaint.
8. Mr X says he has received several visits from bailiffs since October 2024 but does not owe the Council money. The Council advised it has no record of issuing any kind of enforcement against Mr X. The Council said it has not received a complaint from Mr X about this, but it would be happy to investigate. I will not investigate this complaint as it is reasonable to allow the Council an opportunity to investigate and respond.
9. In October 2024, the Council responded to a complaint from Mr X about a bus pass that he did not receive. The Council did not uphold this complaint but, as a gesture of goodwill, offered Mr X a payment to refund him for some bus fees and in recognition of his time and trouble. Mr X says he has not yet received this, but the Council has asked for his bank details so it can arrange payment. Further investigation would not add to the Council’s previous investigation or lead to a different outcome, so I will not investigate this complaint.
10. Mr X also complains that he has not received an agreed payment following a dispute about housing benefit. Mr X made a claim to the County Court about this matter. This complaint has also been previously considered by the Ombudsman and a decision made to not investigate further. I cannot investigate something which has been considered in court and will not revisit this complaint.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault. Also, part of Mr X’s complaint is premature, and part relates to a court case. Part of Mr X’s complaint has been remedied during the Council’s complaint process and further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman