Summary: We will not investigate this complaint about the Council’s decision not to award a discretionary housing payment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision not to award a discretionary housing payment (DHP). This is because there is insufficient evidence of fault by the Council.

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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 (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 Ms X’s current and previous DHP applications, and the DHP policy. I also considered our Assessment Code.

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My assessment

4. Councils can award a DHP to help some people with housing costs. There is no right to a DHP. DHPs are intended to provide short-term help and provide time for the applicant to find long-term solutions.
5. The Department for Work and Pensions (DWP) pays money to Ms X through her Universal Credit to help pay the rent. The DWP has reduced the amount it pays in housing costs because it decided Ms X lives in a home that is too large for her needs; this is sometimes called the ‘bedroom tax’.
6. Ms X says she needs a larger home because relatives sometimes stay to provide care and support. She also says she needs to keep her garden for health reasons.
7. The Council awarded a DHP for six months from August 2023 to help pay the shortfall in Ms X’s housing support. Ms X had also received periodic support via DHPs from 2021. When the Council made the 2023 award it advised that DHPs are short-term awards and Ms X needed to explore ways of increasing her income or reducing her costs. It suggested she ask the DWP if she should be exempt from the ‘bedroom tax’.
8. Ms X applied for another DHP in May 2024. She did not provide evidence she had contacted the DWP about the deduction. The Council considered the application, Ms X’s bank statements and information about her support needs. The Council refused the application because it has limited funding for DHPs and cannot help everyone. It said Ms X has received DHPs in the past and they are meant to be short-term. The Council also said the bank statements show she has money in the bank which could be used to cover the ‘bedroom tax’ while she explores other options.
9. Ms X disagrees with the decision. She has rent arrears and the situation is affecting her health. She says she cannot afford to move and is worried she will be evicted.
10. I will not start an investigation because there is insufficient evidence of fault by the Council. We are not an appeal body and it is not my role to decide if Ms X is eligible for another DHP. I can only consider if there was fault in the way the Council decided to refuse the application and I see no suggestion of fault. The Council considered the application, information about Ms X’s finances, her previous awards, and the DHP policy. The Council’s decision flows from the evidence and the policy so there is no reason to start an investigation.

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Final decision

11. 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