Lewes District Council (25 001 642)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 05 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an unsuccessful application for a Discretionary Housing Payment. There is not enough evidence of fault by the Council.
The complaint
- Mr X complains the Council refused to give him a discretionary housing payment (DHP). This resulted in Mr X having to borrow money from a friend to cover the shortfall between the rent he owed and the housing benefit he received before moving out.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- Mr X applied to the fund in March and the Council refused the application. Mr X appealed and the Council refused the appeal in April.
- Councils can decide what award to make (if any) and how long to make payments. The Council only awards DHP in exceptional circumstances and when the person has no other means of getting the rent or a deposit in advance of agreeing a tenancy. The Council does not use DHPs to cover a shortfall between housing benefit and rent on a short-term tenancy it considers unaffordable.
- We will not start an investigation because there is insufficient evidence of fault. This is because the Council’s decision is in line with its policy.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman