Summary: The Ombudsman will not investigate this complaint about Discretionary Housing Payments because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to award further Discretionary Housing Payments (DHPs).

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered some of the DHP applications and the Council’s DHP decisions. I invited Ms X to comment on a draft of this decision.

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What I found

DHP policy

4. DHPs are payments to help people who need extra help with their housing costs. There is no right to receive a DHP and the Council has a fixed amount to spend on DHPs. A DHP is intended to provide emergency, short-term help. The scheme can be used to prevent homelessness and alleviate poverty. To make a successful claim the person must show they are taking steps to improve their circumstances.

What happened

5. Ms X has a £421 a month shortfall between the amount she receives from benefit towards her rent and the amount of the rent. The tenancy ends in December 2019.
6. Ms X received a DHP in 2018 to help make up this shortfall. When the Council made the award it explained it was a short-term measure to help her improve her circumstances.
7. Since then Ms X has made several further DHP applications which have all been refused. Initially Ms X said that she had just finished studying and needed time to set up a business. In later applications she said her health had deteriorated and she was unable to work. Ms X receives Universal Credit.
8. In DHP applications in January and August Ms X stated she did not have rent arrears. Ms X referred to having other debts.
9. The Council rejected the DHP applications. The reasons included that Ms X did not have rent arrears, that a shortfall of £421 a month is not sustainable and that her financial circumstances were not likely to improve while she remained in the property. The Council did not award another DHP but it did offer to help fund a deposit so Ms X could move to cheaper home.
10. In August Ms X applied to join the housing register. The Council rejected her application because she is adequately housed. It suggested she apply for a DHP.
11. Ms X disagrees with the Council’s decision and says she is eligible for a DHP.

Assessment

12. I will not start an investigation because there is insufficient evidence of fault by the Council. It is not my role to decide if Ms X is eligible for another DHP and the Ombudsman does not act as an appeal body.
13. The policy says DHPs are a short-term measure and are not meant to provide long term support. The Council’s decisions are consistent with the DHP policy. This is because, while Ms X continues to live in this property, it will remain unaffordable due to the £421 shortfall and another DHP will not change that underlying factor. The reasons the Council has given for not awarding another DHP are consistent with the policy and consistent with the information Ms X provided. For example, on her application form, Ms X said she was not in rent arrears so she did not need an immediate payment to prevent homelessness.
14. The Council declined to allow Ms X to join the housing register. However, she could reapply now that her tenancy is due to end next month. Alternatively, she could make a new DHP application and ask the Council to consider it in the light of the unsuccessful housing application. Ms X could also explore with the Council its offer to help fund a deposit.

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Final decision

15. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman