Southend-on-Sea City Council (23 001 902)
Category : Benefits and tax > Local welfare payments
Decision : Closed after initial enquiries
Decision date : 07 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to decline Mr X’s application for the essential living fund. This is because we would be unlikely to find fault with the Council’s actions.
The complaint
- Mr X complained the Council unfairly declined his application for its essential living fund. He said the Council’s decision has put him to financial loss.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council runs an essential living fund for people who are dealing with extreme poverty.
- Mr X applied for the fund and listed several accounts in his name, containing over £1000 combined on the application. The Council turned down Mr X’s application because he had disposable income available for him.
- Mr X appealed the Council’s decision and said he did not state he had this money or these accounts. He advised that he needed the money to replace his bed and mattress.
- The Council declined Mr X’s appeal and pointed to his disposable income as the reason why it was maintaining its decision. Mr X referred the complaint to us.
- Having reviewed the evidence, there is nothing to suggest the Council has acted with fault in declining Mr X’s application. On the application Mr X has clearly stated he has several accounts with money totalling over £1000. The Council’s essential living fund policy states applicants must be unable to meet their immediate short term needs or require emergency help with extreme financial pressure. The evidence indicates Mr X does not satisfy this criteria.
Final decision
- We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman