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

1. The complainant, Mr X, disagrees with the Council’s decision not to award a Discretionary Housing Payment (DHP). He disagrees with the rent figure the Council used to assess the application.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes information about his latest DHP application. I also considered his previous complaint to us about a similar issue and our Assessment Code.

Back to top

My assessment

4. Mr X complained to us about a DHP application. He said the Council had not processed the application correctly and said it had used the wrong figure for his rent. In March 2025 we decided there was insufficient evidence of fault to warrant an investigation.
5. Mr X made a new DHP application in May. The Council decided not to make an award because his rent (£361) is covered in full by his Universal Credit (UC) housing costs award. The Council said he has rent arrears because there was a month when he did not use his UC housing costs award to pay the rent.
6. Mr X disagrees with the decision and says his rent is £381. He provided a direct debit schedule from his landlord showing he pays £381.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council can award a DHP when there is a shortfall between the amount of benefit received and the rent. The Council does not award a DHP to cover extra payments that are being paid in addition to the normal rent to cover arrears.
8. The Council has provided documents which show Mr X gets UC housing costs of £361 and proof from his landlord that his rent is £361. This means there is no shortfall between his benefit payment and the rent.
9. The direct debit schedule shows the amount Mr X pays but it is not a statement showing the rent. It may be that the direct debit is to cover the rent and the arrears. The rent is £361 as stated on the document from the landlord.
10. The Council’s decision to refuse an award reflects the DHP policy and the evidence so there is no reason to start an investigation.

Back to top

Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman