Summary: There was no fault with the Council for refusing to backdate Miss X’s Discretionary Housing Payment. It based its decision on the information available at the time. We have completed our investigation.

The complaint

1. Miss X complained the Council did not backdate her Discretionary Housing Payment (DHP). She said the Council said it did not receive her documents even though she had sent them.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

4. I have considered Miss X’s complaint and have spoken to her about it.
5. I have also considered information from the Council.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Discretionary Housing Payment (DHP)

7. These are not payments of housing benefit and not part of the benefits system. But the same councils that pay housing benefit also administer DHPs. And only claimants receiving housing benefit are eligible for DHPs.
8. The combined amount of DHPs and housing benefit cannot usually be more than the assessed eligible rent, although there are some exceptions. Councils cannot pay DHPs to substitute housing benefit that has been reduced or suspended.
9. DHPs are discretionary, as is the amount and period of payment. The Tribunal Service cannot consider appeals about DHP decisions. But councils must have their own internal review processes.
10. Councils are not allowed to award DHPs to pay council tax, although a council may have a discretionary council tax reduction scheme in place.

What happened

First DHP application

11. In February 2021, Miss X applied to the Council for DHP. In March, the Council wrote to Miss X to ask for further information to support her application. Two weeks later, the Council issued a reminder to Miss X to send the information. The Council refused Miss X’s application in April when it did not receive the information asked for.
12. Miss X contacted the Council to explain she had sent the information, but it must have been lost. The Council agreed to allow Miss X a further two weeks to provide the documents. The Council received some of the information it had requested but by June, the application was out of time and the Council refused Miss X’s application.
13. In June, the Council wrote to Miss X inviting her to submit a new application. The Council called Miss X three times and left voicemails about a new application.

Second application

14. In October 2021, Miss X submitted a new DHP application. Once the Council had triaged the application, it asked Miss X to submit further information in November. Miss X asked whether the Council would pay for her doctor’s letter. The Council said it was unable to assist with payment. The Council issued a reminder for the outstanding information and Miss X sent a doctor’s letter. The Council emailed Miss X again and asked for the rest of the information. Miss X sent the further information.
15. In December, the Council awarded DHP to Miss X for the period 1 November 2021 until 25 December 2022. It refused Miss X’s request to backdate the payment to when she originally applied for DHP.

Review

16. In January 2022, Miss X asked the Council to review its decision not to backdate her DHP. The Council upheld its original decision. It said this was because she had failed to provide the evidence the Council had requested at the time of her original applications.
17. It then explained that DHP are not payments of Housing Benefit and are not therefore subject to statutory appeal rights. The Council signposted Miss X to the Ombudsman.

My findings

18. The Council gave Miss X ample opportunity to submit the requested information as part of her first application. It sent reminders, gave her an extra two weeks, and then immediately invited her to submit a new application.
19. Miss X waited for four months before submitting a new application.
20. Once the Council received all the information, it approved Miss X’s application and awarded her DHP.
21. The Council was not at fault for not backdating Miss X’s claim. As it did not have all the information for the first application, it can not know with any certainty that Miss X would have been eligible for DHP then.
22. DHP is a discretionary payment. It is for the Council to make a judgement based on the information available as to whether an applicant is eligible. I cannot question this decision if it has been reached correctly. There is no evidence which indicates the Council did not follow correct procedures.

Back to top

Final decision

23. I have completed my investigation. There was no fault with the Council’s actions in relation to Miss X’s DHP application.

Back to top

Investigator's decision on behalf of the Ombudsman