Summary: We will not investigate this complaint about the complainant’s application for a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council and there are review rights the complainant could have used.

The complaint

1. The complainant, Ms X, complains about the Council’s decision not to award a Discretionary Housing Payment (DHP).

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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, or
• it would be reasonable for the person to ask for a council review or appeal.

(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 correspondence about the application and an update from the Council saying it has now awarded a DHP. I also considered our Assessment Code.

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My assessment

4. DHPs are discretionary payments councils can make to help people pay their housing costs.
5. Ms X applied for a DHP in October 2023. The Council asked for information. Ms X provided some of the information but not enough for the Council to decide she was eligible for a DHP. The Council refused the application.
6. Ms X did not ask for a review but submitted a complaint. The Council explained why it had refused the application.
7. In June Ms X provided bank statements which the Council had been waiting to receive.
8. In July the Council awarded a DHP from October to April. The Council said Ms X would need to make a new application for the period after April. The Council also said Ms X had one month to ask for a review if she disagreed with the decision. The Council told me Ms X has not asked for a review.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The DHP policy says claimants must provide additional evidence as requested and, if not provided, the Council will make a decision based on the information it already holds. Ms X did not provide all the required information until June so the Council could not fully assess the claim until then; it then made an award. If Ms X disagrees with the duration or amount of the award she could have asked for a review. We cannot make DHP decisions or decide the amount or period of an award.

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Final decision

10. 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