Durham County Council (25 008 666)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 09 Sep 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision not to pay Mr X a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. Mr X complains the Council unfairly refused a DHP which he claimed in May 2025. He says he has difficulty paying a shortfall between the housing benefit the Council pays and his rent and this is causing him stress.

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The Ombudsman’s role and powers

  1. 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 or continue 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

  1. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

DHPs

  1. A council can award discretionary housing payments when someone needs help with housing costs and is claiming Housing Benefit or Universal Credit which includes housing costs towards rent. (Discretionary Housing Payments guidance manual May 2022, section 2.3)
  2. Government guidance allows councils to choose (discretion) when to offer a DHP; there is no statutory right to payment. However guidance says DHP decisions must follow the ordinary principles of good decision making. This means councils must act fairly, reasonably, and consistently, and must decide each case by considering individual circumstances.

Mr X’s claim

  1. Mr X had received a DHP of £13.88 per week from the Council for the period up to May 2025. The Council asked him to complete a review form.
  2. In June 2025 the Council decided not to award a further DHP because it said Mr X had sufficient disposable income to afford the shortfall.
  3. Mr X requested a reconsideration. He gave further details regarding his outgoings his reasons requesting a DHP. The Council considered this but advised Mr X it did not change its decision to refuse a DHP. It said it considered the expenses he gave but this did not change its financial assessment.
  4. There is insufficient evidence of fault by the Council in its consideration of Mr X’s DHP claim and review request to warrant investigation by the Ombudsman.

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Final decision

  1. 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

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