Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse to allow her to make another application to the Council’s essential living fund scheme. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains about the Council’s decision to refuse to allow her to make another application to its essential living fund scheme.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council operates an Essential Living Fund scheme which is primarily intended to help vulnerable people live as independent a life as possible in the community. The scheme has primary objectives which helps the Council determine who to award funds to.
6. In November 2023, the Council made an award to Miss X. The Council sent a letter which detailed that a pre-paid credit card would be provided to Miss X and that the award had been made for groceries, energy costs (gas and electric), and utilities (water). The letter also detailed that the money was only to purchase these items.
7. The Council also confirmed Miss X signed a declaration which set out that the award could only be used for items awarded, and to not do so would be seen as a misuse of the award. The Council’s website also clearly details that the card could not be used to purchase petrol and that any attempt to do so would prevent the recipient from claiming from the scheme again. Use of funds to purchase takeaways would also be seen as a misuse of the card.
8. In its complaint response, the Council confirmed that Miss X had used her pre-paid card for toys, takeaways, and attempted to purchase petrol. Therefore, Miss X had misused her card. In her complaint to us, Miss X accepted she used the card to buy a present for her son and had tried to buy petrol.
9. An investigation is not justified as we are not likely to find fault. The Council provided clear information to Miss X about what the funds on the pre-paid card could be used for, and Miss X agreed to these terms and conditions when she applied and accepted the award. As Miss X has misused the funds, the Council is entitled to refuse any future applications from Miss X.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman