Summary: We will not investigate Ms X’s complaint about the Council’s refusal to award her a discretionary housing payment. This is because the Council agreed to resolve the complaint early by reviewing its decision, which is a suitable remedy for the injustice caused.

The complaint

1. Ms X complained about errors in the Council’s financial assessment and its decision not to award her a discretionary housing payment. She said the decision was flawed and causing financial hardship. She wanted the Council to review its decision and award her a discretionary housing payment.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained the Council had made errors in its assessment of her income and expenditure which led to a refusal to award her a discretionary housing payment.
7. I reviewed the information Ms X provided to support her application, evidence of the Council’s calculations and its complaint responses. The evidence Ms X provided and on which the Council based its decision was confusing and unclear. There was no evidence the Council had sought to clarify Ms X’s financial situation with her before reaching its decision.
8. If we investigated this complaint, it is likely we would find the Council at fault, as the information Ms X provided was unclear and the Council did not take steps to clarify her income and outgoings before reaching its decision to refuse her application.
9. We therefore asked the Council to remedy the injustice caused by reviewing its decision. The Council agreed to do so and, following the review, has awarded Ms X a discretionary housing payment. It wrote to her with its decision and confirmed she was happy with the revised decision.

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Final decision

10. We have upheld this complaint because the Council agreed to resolve the complaint early by reviewing its decision. This was a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman