Putting things right: complaints and learning from DWP - the ...
Putting things right: complaints and learning from DWP - the ...
Putting things right: complaints and learning from DWP - the ...
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<strong>the</strong> matter would be dealt with internally; <strong>the</strong><br />
record of <strong>the</strong> telephone conversation had been<br />
destroyed <strong>and</strong> replaced with a non‐subjective<br />
record; <strong>and</strong> <strong>the</strong>y would consider paying<br />
compensation. Mr N asked <strong>the</strong> Agency for more<br />
information about what disciplinary action would<br />
be taken. The Agency declined to disclose that<br />
information, citing <strong>the</strong> Data Protection Act, <strong>and</strong><br />
refused to make Mr N a compensation payment for<br />
gross embarrassment because <strong>the</strong> comments had<br />
not been released outside <strong>the</strong> Agency.<br />
Request for arrears<br />
In August 2007 <strong>the</strong> Agency noted that three<br />
payments <strong>from</strong> Mr N’s account (as <strong>the</strong> non‐resident<br />
parent) had not been allocated, <strong>and</strong> in September<br />
<strong>the</strong> Agency told him that he owed arrears of<br />
£1,058.76. Mr N telephoned <strong>the</strong> Agency, <strong>and</strong> <strong>the</strong>y<br />
acknowledged that he had paid <strong>the</strong> maintenance<br />
<strong>and</strong> did not owe <strong>the</strong> arrears.<br />
What we investigated<br />
In February 2007 we received Mr N’s complaint. The<br />
concerns we investigated were that <strong>the</strong> Agency:<br />
• took too long to decide whe<strong>the</strong>r to award him<br />
an advance payment of maintenance, <strong>and</strong> failed<br />
to update him on progress;<br />
• delayed forwarding maintenance payments to<br />
him <strong>from</strong> <strong>the</strong> non-resident parent;<br />
• tried to contact him by telephone, having agreed<br />
not to do so; <strong>and</strong><br />
Mr N later asked us to investigate two fur<strong>the</strong>r<br />
issues, that he:<br />
• had not received maintenance for July <strong>and</strong><br />
August 2007; <strong>and</strong><br />
• had been told he had not paid maintenance<br />
between June <strong>and</strong> September 2007.<br />
The Ombudsman has no remit to investigate<br />
actions relating to appointments or removals, pay,<br />
discipline, superannuation or o<strong>the</strong>r personnel<br />
matters. Therefore we could not investigate Mr N’s<br />
complaint about <strong>the</strong> Agency’s refusal to tell him<br />
what action <strong>the</strong>y took in response to his concerns<br />
about unfounded allegations of abusive behaviour.<br />
Mr N complained that <strong>the</strong> Agency’s actions had<br />
exasperated, frustrated <strong>and</strong> offended him, <strong>and</strong><br />
caused him to suffer financially.<br />
What our investigation found<br />
Advance payment<br />
The Agency told Mr N in June 2006 that he should<br />
hear <strong>from</strong> <strong>the</strong>m within six to eight weeks about<br />
an advance payment, but <strong>the</strong>y did not make <strong>the</strong><br />
decision until April 2007. The delay occurred<br />
because of maladministration by <strong>the</strong> Agency, <strong>and</strong><br />
we found no evidence that <strong>the</strong>y had kept Mr N<br />
informed of <strong>the</strong>ir progress. That maladministration<br />
meant Mr N had to wait a fur<strong>the</strong>r ten months<br />
before <strong>the</strong>y put <strong>things</strong> <strong>right</strong>, causing frustration <strong>and</strong><br />
inconvenience. We upheld <strong>the</strong> complaint.<br />
• failed to respond properly to his complaint that<br />
officers had wrongly alleged that he had been<br />
abusive to <strong>the</strong>m.<br />
34 <strong>Putting</strong> <strong>things</strong> <strong>right</strong>: <strong>complaints</strong> <strong>and</strong> <strong>learning</strong> <strong>from</strong> <strong>DWP</strong> | March 2009