Summary: We 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, complains the Council refused a Discretionary Housing Payment (DHP) in 2019. Ms X says this had an impact on her health and she had to sell her belongings. Ms X wants the Council to compensate her for the loss of her belongings.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

4. Councils can award DHPs to help people pay a shortfall between their rent and benefit. There is no right to a DHP and councils have a limited budget from which to make payments. DHPs are intended to provide short-term support.
5. Ms X applied for a DHP in 2019. She had rent arrears of £5839 and a benefit shortfall of £76 per week. This means she is required to pay rent of £79 a week. The Council did not award a DHP because Ms X declined to work with the Council to move to a cheaper home. The Council noted that Ms X had not paid the shortfall since November 2019 and says she did not make any payments until February 2021.
6. In February 2021 the Council paid £3000 towards Ms X’s rent arrears. The Council told her she would need to show evidence that she was reducing the arrears in order for the Council to make another award. In June the Council made another payment of £1500 but repeated that Ms X would need to demonstrate she was paying the shortfall and reducing the arrears.
7. The Council has recently offered to pay the shortfall, has offered a £50 supermarket voucher, provided a food parcel and made a referral for debt advice. It also suggested Ms X consider a Debt Relief Order but has not demanded Ms X apply for bankruptcy as Ms X has alleged. Further DHP help was dependent on Ms X paying the shortfall for two months but Ms X only made one payment.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council has paid £4500 in DHPs, offered other support and says it will consider help with rent in advance and a deposit if Ms X moves to a cheaper home. The Council is not required to reimburse Ms X after she sold her belongings because it was her decision to do this and it is Ms X’s responsibility to pay her rent and other debts. The decision in 2019 not to award a DHP has not contributed to Ms X’s other debts because she did not pay any rent for many months. The Council has tried to help Ms X and there is nothing to suggest we need to start an investigation.

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Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman