Introduction
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Report by the Parliamentary Ombudsman on the results of an investigation of a complaint about HM Revenue & Customs, the Child Support Agency and the Department for Work and Pensions, made by Ms M and referred by Ms Kerry McCarthy MP
The complaint
Ms M complained that her address details, which were held by a number of different government agencies, were incorrectly changed by an unidentified government agency. (Those agencies included various parts of HM Revenue & Customs; the Child Support Agency and the Department for Work and Pensions.) Ms M further complained that this error was duplicated across the other government agencies which held her address and was not corrected across these agencies when HM Revenue & Customs’ Tax Credit Office were informed of the error. None of the government agencies involved had been able to explain satisfactorily what went wrong and none had, therefore, resolved her complaint.
Ms M said that, as a result of these problems, she was not made aware of an assessment and change to her child support payments by the Child Support Agency. She was also concerned that her ex-partner had had access to her personal data. This caused her worry and stress and she was concerned that her data may be used fraudulently.
Ms M wanted to know what went wrong and, by understanding this, hoped to be reassured that matters had been put right, and that the same mistakes would not happen again.
My decision
For reasons I go on to explain, I have upheld Ms M’s complaints about HM Revenue & Customs, the Child Support Agency and the Department for Work and Pensions. I have found evidence of maladministration by those agencies which amounted to a failure of public service and which resulted in injustice to Ms M.
The Parliamentary Ombudsman’s jurisdiction and role
The Parliamentary Commissioner Act 1967 provides that my role is to investigate action taken by or on behalf of bodies within jurisdiction in the exercise of their administrative functions. Complaints are referred to me by a Member of the House of Commons on behalf of a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the actions taken. My approach when conducting an investigation is to consider whether there is evidence to show that maladministration has occurred that has led to an injustice that has yet to be remedied. If there is an unremedied injustice, I will recommend that the public body in question provides the complainant with an appropriate remedy (in line with my Principles for Remedy). These recommendations may take a number of forms such as asking the body to issue an apology, or to consider making an award for any financial loss, inconvenience or worry caused. I may also make recommendations that the body in question reviews its practices to ensure that similar failings do not occur.
