Summary: We will not investigate this complaint about the Council’s refusal to backdate and increase Ms X’s discretionary housing payment benefit. This is because it is unlikely we would find fault with the Council’s actions.

The complaint

1. Ms X complained the Council would not backdate or increase her discretionary housing benefit (DHP).
2. Ms X said this caused her stress and financial loss.

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The Ombudsman’s role and powers

3. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating;
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council’s DHP scheme is a merit based short term and limited payment which applicants can claim to help pay their rent, normally for no longer than three months.
8. In June 2022 Ms X complained to the Council because she was unhappy with the Council’s decision to stop her discretionary housing payment (DHP) benefit.
9. The Council explained it stopped the payment as she had previously received DHP for 13 weeks.
10. Ms X applied for DHP again in July 2022 and said her energy costs were going to increase in October 2022. The Council explained it had awarded her multiple DHP payments and it could not make an additional award.
11. Ms X provided evidence of her energy bill increase. The Council said the information did not show Ms X’s bills had significantly changed and invited her to reapply for DHP in the future.
12. Ms X was unhappy with the Council’s decision and complained again. She asked the Council to grant her DHP and backdate the payments. The Council explained it had provided her with £2,832.25 in DHP since April 2018 and the aim of the DHP scheme was to provide applicants with short term help towards their bills.
13. Ms X brought her complaint to the Ombudsman.

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Findings

14. Ms X is unhappy the Council would not agree to reinstate her DHP. The Council’s DHP scheme is a discretionary payment scheme and is designed to be short term. The Council considered Ms X’s circumstances and decided she did not qualify for further DHP. The Council is entitled to make this decision. Further investigation is unlikely to provide the outcome Ms X seeks as the Council did not act with fault when it made its decision.

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Final decision

15. We will not investigate Ms X’s complaint because we would be unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman