Summary: We will not investigate this complaint about the Council’s decision not to award Miss X discretionary housing payments. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council declined her application for discretionary housing payments. She said the Council failed to take her specific needs into account when making its decision.

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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 or may decide not to continue with 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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s rent increased by £100 and so she applied to the Council for discretionary housing payments to cover the increase.
6. The Council declined Miss X’s application stating that she was in receipt of reduced housing benefit. Miss X appealed the Council’s decision and informed it that she received full housing benefit.
7. The Council rejected Miss X’s application, noting that Miss X did not receive the full housing benefit due to her income earnings. The Council advised her to consider finding cheaper accommodation and maintained its decision.
8. Miss X wants us to find the Council at fault for failing to approve her application for discretionary housing payments. The discretionary housing payment scheme is not a mandatory payment; it is awarded at the Council’s discretion. The Council is currently prioritising applicants who are in imminent danger of being evicted or in exceptional circumstances. The Council has considered Miss X’s application and decided she is not eligible for discretionary housing payment. The Council was entitled to make this decision and there is no evidence of fault in the process it followed to arrive at this decision. The Ombudsman cannot question the outcome of a decision which the Council has correctly made.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman