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Annual Report 2007-08 - the Parliamentary and Health Service ...

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<strong>Parliamentary</strong> <strong>and</strong> health service ombudsman annual report <strong>2007</strong>-<strong>08</strong>7Case StudyCessation of bank paymentsleft income support claimantshort of foodMr L wrote to Jobcentre Plus on 11 February 2006 asking that <strong>the</strong>means by which his income support was paid be changed frompayment direct into a bank account to payment by cheque. Heinstructed his bank to close his account <strong>and</strong> destroyed his bankcard. Jobcentre Plus did not receive Mr L’s letter until 14 February,by which time it had paid his weekly payment for 13 February intohis bank account. On receipt of Mr L’s letter, Jobcentre Plussuspended his payments, waiting for him to say if he was goingto open a new bank or Post Office account.When <strong>the</strong> next benefit payment did not arrive as expectedMr L contacted his MP (he said he did that because in <strong>the</strong> pastJobcentre Plus had ignored some of his letters until <strong>the</strong> MP hadbecome involved). The MP contacted Jobcentre Plus, which lifted<strong>the</strong> suspension <strong>and</strong> sent Mr L a cheque for his missing payments.Jobcentre Plus apologised to Mr L <strong>and</strong> said that a consolatorypayment would be considered. The referral for a consolatorypayment included a letter from Mr L to his MP, in which hedescribed <strong>the</strong> effects of being without income support: he hadno electricity <strong>and</strong> hence no heat, light or hot water. He was alsounable to afford food. Jobcentre Plus accepted thatmaladministration had interrupted Mr L’s benefit payments,but concluded that <strong>the</strong> degree of inconvenience caused did notwarrant compensation. It also took account of <strong>the</strong> fact that Mr Lhad not contacted it about <strong>the</strong> payment problem, but insteadhad approached his MP. Mr L complained to <strong>the</strong> Ombudsman thatJobcentre Plus had left him without payment for three weeks, forwhich it had apologised but refused to give compensation.We partly upheld <strong>the</strong> complaint. It was maladministrative ofJobcentre Plus to stop paying Mr L’s benefit into his bank accountbut not to start paying it by cheque. It was not at fault, however,for making <strong>the</strong> 13 February payment direct into Mr L’s bankaccount, as it had not yet received his request to change <strong>the</strong>payment method. It was reasonable, given Mr L’s history ofinteraction with Jobcentre Plus, for him to have initially sought hisMP’s help. For its part, Jobcentre Plus paid insufficient attentionto <strong>the</strong> facts of Mr L’s deprivation when considering <strong>the</strong>consolatory payment.Jobcentre Plus reconsidered its decision <strong>and</strong> awarded Mr L £400for inconvenience <strong>and</strong> distress. It also agreed to apologise to himfor not making a payment in <strong>the</strong> first place. Jobcentre Plus alsoundertook to reply promptly to any future correspondence fromMr L in line with its service st<strong>and</strong>ards.Department for Work <strong>and</strong>PensionsWe reported on 98 cases relating to 118complaints against DWP <strong>and</strong> its agencies,including 7 relating to <strong>the</strong> h<strong>and</strong>ling ofcomplaints by DWP’s Independent CaseExaminer (ICE). We welcomed <strong>the</strong>extension of ICE in <strong>2007</strong> to include allof DWP’s customer-facing agencies,a change which <strong>the</strong> Ombudsman hasbeen calling for since 2003.As in previous years, two <strong>the</strong>mes runningthrough our DWP casework in <strong>2007</strong>-<strong>08</strong>were mistakes or shortcomings in <strong>the</strong>administration <strong>and</strong> allocation of benefits,<strong>and</strong> failings in <strong>the</strong> h<strong>and</strong>ling of resultantcomplaints. In <strong>the</strong> case of Mr L, JobcentrePlus changed <strong>the</strong> method of benefitpayment at Mr L’s request, but <strong>the</strong>n lefthim without benefits for three weeks,leading to significant hardship. Whenhe complained, it refused to make aconsolatory payment.21

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