Hyndburn Borough Council (23 008 185)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 05 Oct 2023

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about discretionary payments awarded by the Council to support with housing and council tax costs. This is because there is insufficient evidence of fault in the Council’s actions.

The complaint

  1. Ms X complains the Council is not providing her with sufficient financial support to cover her housing costs. She says this is causing distress and putting her at risk of homelessness. She wants the Council to increase its financial support to her.

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The Ombudsman’s role and powers

  1. We investigate 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 continue 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))
  2. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X was unhappy with Council decisions related to the level of discretionary housing payment and council tax exceptional hardship payment awarded to her.
  2. She complained to the Council who reviewed its decisions. In its response letter to Ms X, it explained how and why it had reached its decisions on the level of support it would provide her. It did not change the original decisions.
  3. We will not investigate this complaint. The Council has discretion to decide the amounts of awards made and we can only consider whether there was any fault in the decision-making process. The decisions made appear in line with the relevant Council policies which are available on its website and so we cannot question the outcome. Although I accept Ms X disagrees with the decisions, there is insufficient evidence of fault in how it has reached them to warrant further investigation.

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Final decision

  1. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman

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