Summary: We will not investigate this complaint about the amount the Council awarded for a 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 Ms X, complains about the amount the Council awarded for a Discretionary Housing Payment (DHP). Ms X wants the Council to make a higher award.

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The Ombudsman’s role and powers

2. 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 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the DHP decisions, the DHP policy and information Ms X submitted to support the claim. I also considered our Assessment Code.

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My assessment

4. Councils can award a DHP to help some people cover the shortfall between their rent and housing benefit/universal credit. There is no right to a DHP and they are purely discretionary. A DHP is intended to provide short-term emergency help.
5. Ms X received a DHP in late 2023. This paid rent arrears she accrued from September to December.
6. Ms X submitted another claim and submitted a lot of information about her income and expenditure. The Council initially refused to make an on-going award but, on review, decided to award £10 a week; for a few weeks it awarded £46 a week. Ms X submitted more information which the Council has not yet processed. It will process the new information and decide if it can increase the DHP. The Council said it would not make another payment to clear new rent arrears that had accrued. In response to her complaint the Council said it had taken into account expenditure which it would usually exclude. This included, for example, travel costs and costs incurred by her daughter.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. We do not act as an appeal body and it is not my role to decide if Ms X is entitled to a DHP award or the amount. I can only consider if there was fault in the way the Council reached its decision and I see no suggestion of fault. The Council has considered Ms X’s income and expenditure and, on that basis, made different awards based on Ms X’s fluctuating circumstances. It also helped by awarding a DHP to clear Ms X’s arrears but there is no duty or requirement for it to make further awards to pay arrears. I acknowledge Ms X says the current DHP award is insufficient but I see nothing to indicate fault in the way the Council reached its decision. In addition, it will reassess the award because Ms X has submitted new information; this may lead to the DHP being changed but it will be for the Council to make that new decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman