The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, disagrees with the Council’s decision to reject his application for a Discretionary Housing Payment (DHP).
The Ombudsman’s role and powers
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 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the DHP application and the supporting evidence. I also considered the DHP policy and our Assessment Code.
My assessment
Councils can award a DHP if someone has a shortfall between their rent and the amount of benefit support they receive for housing costs. DHPs are discretionary and councils do not have to make an award. The policy says DHPs cannot be awarded to cover a reduction in benefit.
Mr X receives Universal Credit (UC). His rent is £148 a week and he receives UC housing costs of £148 a week. The UC is reduced because Mr X is repaying a UC advance payment. The reduction will stop once Mr X has repaid the advance payment.
Mr X applied for a DHP because he has rent arrears. The Council rejected his application because all his rent is covered by the UC.
I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council’s decision reflects the policy. Specifically, there is no shortfall between the UC and the rent, and a DHP cannot be used to cover deductions to recover an advance payment.
I appreciate Mr X disagrees with the decision. But, we are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman