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, Mr X, disagrees with the Council’s decision not to award a Discretionary Housing Payment (DHP). He says an officer verbally promised a payment and the negative decision is affecting his health. Mr X wants a DHP and compensation.

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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 Mr X and the Council. This includes the DHP application, decision, correspondence, and the Department for Work and Pensions (DWP) guidance manual. I also considered our Assessment Code.

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My assessment

4. A DHP is a discretionary payment councils can make to help people with their rent. There is no right to a DHP and councils have a limited amount of money to pay DHPs. A DHP cannot cover general living costs.
5. The DWP guidance manual says a council can pay a DHP if someone has a dual rental liability during a temporary absence; for example, if someone has a temporary absence due to domestic violence.
6. Mr X signed a tenancy for a new home in late March. He says he could not move in until early June due to the condition of the flat. He says he received help with the rent from the DWP from the start of the tenancy. Mr X also says he continued to be liable for rent on his former home until he moved into the new property in June. Mr X says he is in dispute with the former landlord. I have seen a council email which says Mr X had not paid the rent on the former flat since early 2024.
7. Mr X applied for a DHP in April. He referred to needing help with general living costs and had a high fuel bill for his former home. He said he was in the process of moving but the new flat was dirty and he needed new flooring, furniture and a car. He said a housing officer told him he would get a DHP.
8. The Council decided not to award a DHP. It explained a DHP cannot be paid for general living costs and is intended to help people pay the rent on their main residence. It said it only helps with rent on two properties if dual rental liability is unavoidable. It suggested Mr X could complain to the new landlord if the condition of the flat meant he could not move in from the start of the tenancy and meant he remained liable for the rent for the former flat.
9. Mr X disagrees with the decision. He says he spent most of his time at the new flat and was only sleeping at the former flat; he says an officer told him he would get a DHP. Mr X reports he is under financial pressure and needs a DHP.
10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered the application and additional information but decided not to award a DHP. A DHP is a purely discretionary award to which people have no right. The Council considered Mr X’s circumstances, finances and the situation that led to Mr X paying rent on two flats, but decided the evidence did not show the dual liability was unavoidable. I have not seen any evidence of fault in the way the Council made this decision; it flows from the information and reflects the DWP guidance.
11. Mr X says he was told he would get a DHP. However, it is impossible to know exactly what the officer said and advice to make a claim is not the same as a written decision after someone has made a written application.
12. I appreciate Mr X disagrees with the decision but we are not an appeal body. I cannot award a DHP and it is not my role to re-make the decision or decide if Mr X is eligible for a DHP.

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Final decision

13. 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