Summary: We will not investigate this complaint about the Council’s decision not to award another Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has not awarded another Discretionary Housing Payment (DHP). He says the Council has previously awarded DHPs and his circumstances have not changed. Mr X wants the Council to award another DHP.

Back to top

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), as amended, section 34(B))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes correspondence about his DHP applications. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

Back to top

My assessment

5. Councils have limited funding to award DHPs. A DHP can help someone pay the difference between their Universal Credit (housing costs) and their rent. There is no right to a DHP and councils assess each application on a case-by-case basis. DHPs are not intended to provide long term support.
6. Mr X’s rent is more than the maximum amount of financial support he can get through Universal Credit (UC). The Council awarded a DHP of £355 a month for three months in early 2022.
7. Mr X applied for another DHP in 2022. The Council refused the application. The Council explained it has limited funds for DHPs and gives priority to people facing eviction or homelessness, to people subject to the benefit cap or to people in exceptional circumstances. It said none of these apply to Mr X. It explained that his full rent will never be covered by UC and he should look for a cheaper home. The Council referred Mr X to Housing Options to consider his options.
8. The Council did not award a DHP but it did award £355 a month for six months from October 2022 from the Household Support Fund. The Council told Mr X the fund is not intended to provide long-term support.
9. Mr X made another DHP application in 2023. The Council rejected the application for the same reasons as last year. It said a DHP is intended to address short-term issues and it cannot award a DHP for a long-term shortfall between the UC and the rent. The Council again suggested Mr X consider moving to a cheaper home. It said he could make another application to the Household Support Fund.
10. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says DHPs are assessed on an individual basis and are intended to provide short-term support. The Council explained how it prioritises applications and that Mr X does not fall into any of these priority groups. I appreciate Mr X disagrees with the decision but the decision reflects the policy so there is no reason to start an investigation. We do not act as an appeal body and I cannot tell the Council it must award another DHP.
11. Mr X has received previous DHPs but it is the fact that his circumstances have not changed that may, in part, explain why the Council has decided not to make another award; the shortfall means it is unlikely Mr X will ever be able to pay all his rent and a DHP will not change that.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman