Summary: We will not investigate this complaint about at claim for a discretionary housing payment. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr M complains the Council was wrong to refuse his claim for a discretionary housing payment for rent arrears. He says the Council failed to take account of information he provided and his vulnerability. This left him with outstanding rent arrears.

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The Ombudsman’s role and powers

2. A council can award discretionary housing payments (DHP) 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).
3. 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. Councils can decide:
• what questions to ask applicants;
• what award to make (if any); and
• how long to make payments for.

(Discretionary Housing Payments guidance manual May 2022, sections 4.24 and 2.14).

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How I considered this complaint

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

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My assessment

5. Mr M claimed a DHP in November 2024 for moving expenses. The Council refused his claim.
6. Mr M asked the Council to review its decision. He also said he wanted to claim a DHP for rent arrears. He complained about the Council’s decision making.
7. The Council replied it had considered Mr M’s November 2024 claim. However, he had not requested a DHP for rent arrears. The Council said that even if he had, it would not have been able to consider this. This was because DHPs for rent arrears are to protect a tenancy. As Mr M had moved, his tenancy was not at risk.
8. In addition, the Council said:
• it was unable to consider any further awards for the financial year 2024/25, as DHP awards must be made within the year that they apply.
• Mr M’s income exceeded his expenses and he spent much of his time abroad. Therefore, it considered he could use the money for his previous rent arrears.
9. There is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman. The Council took account of relevant factors in coming to a decision. It carried out a review and did not change its decision. It explained its reasons.

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Final decision

10. We will not investigate Mr M’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman