Summary: We will not investigate this complaint about the Council's refusal of a Discretionary Housing Payment. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council refused to give him a discretionary housing payment (DHP). He argues the Council incorrectly included disability related benefits in its calculation. Mr X says this has resulted in a fear of eviction and impacted his physical and mental health.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the decision letters for the DHP applications, and the complaint correspondence. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. A council can award a DHP when someone needs help with housing costs. There is no right to a DHP. DHPs offer short-term, emergency support.
6. Councils can decide what award to make (if any) and how long to make payments for. The Council had made previous DHP awards to Mr X but declined the application he made in March 2024. As a goodwill gesture the Council awarded him £15 a week for 26 weeks. This was to allow more time for Mr X to look for more suitable accommodation or improve his financial circumstances to allow him to remain in his current home. The Council offered to signpost him to money advice but he declined.
7. Mr X made a further application for a DHP in September 2024 which the Council declined. He complained about the decision.
8. In the DHP assessment the Council included Mr X’s disability benefits in his income calculation, as he had not provided evidence of additional disability related expenditure. The Council advised it would consider this expenditure if he provided evidence. However, Mr X has not submitted more evidence.
9. I will not start an investigation because there is insufficient evidence of fault. This is because the decision reflects the policy, and the decision the Council made in March. In addition, the Council gave Mr X the chance to provide more information so it could reconsider the claim.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman