London Borough of Bexley (25 002 589)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 07 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an unsuccessful application for a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, Ms X, disagrees with the Council’s decision to reject her application for a Discretionary Housing Payment (DHP). She says the Council did not properly consider the evidence she provided. She wants the Council to make a new decision based on the facts and pay compensation.
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))
How I considered this complaint
- I considered information provided by Ms X and the Council. I also considered our Assessment Code.
My assessment
- Councils can award Discretionary Housing Payments (DHP) to help people with their housing costs. The payments are discretionary, funded from a limited pot of money, and there is no right to a DHP.
- The Council awarded a £4000 DHP to Ms X in 2023. The Council made the award to cover half of Ms X’s rent arrears on the understanding she would keep to a payment plan to pay the remaining arrears. Ms X did not keep to the plan. The Council reports Ms X now has arrears of about £10,000.
- Ms X applied for a DHP in 2025 which the Council declined. Ms X challenged the decision. She had previously had problems with her wages and benefits (through no fault of her own) and says the Council based its decision on an misinterpretation of that evidence.
- We are not an appeal body and it is not my role to re-make the DHP decision or decide if Ms X is eligible for another DHP. I can only consider if there was fault in the way the Council considered the application and I have not seen any suggestion of fault. The documents show the Council considered all the information Ms X presented including benefit records, medical letters, bank statements and information about the rent. The Council also asked Ms X to provide some additional information but says she did not do so. The documents show the Council considered the situation regarding the problem with the wages and was confident it had assessed the application correctly, and taken into account the previous DHP award. The latter is relevant because the Council only has a limited DHP fund and must try to help a range of people.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman