Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his discretionary housing payment application. There is not enough evidence of fault to justify investigation. We will not investigate Mr X’s complaint about how the Council handled his housing disrepair reports because it is premature.

The complaint

1. Mr X complains about the Council’s decision to refuse his discretionary housing payment application due to his rent arrears. He says this penalises him for his poor housing conditions, which the Council failed to take appropriate action on. Mr X wants the Council to reconsider his application, better coordinate its benefits and housing services, and investigate its handling of his housing disrepair reports.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
3. 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))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant, and the Ombudsman’s Assessment Code.
6. I considered the Council’s eligibility criteria for discretionary housing payments, published on its website.

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My assessment

7. The Council’s eligibility criteria for discretionary housing payments says it will look at applicants’ personal and financial circumstances. This includes applicants’ income and whether applicants could manage their money better to ease the situation.
8. The Council refused Mr X’s discretionary housing payment application because it decided Mr X did not meet the criteria. It said Mr X received Universal Credit for his housing costs and so it could not award a further payment towards his rent. It said it was Mr X’s choice if he chose not to use his Universal Credit housing payment for rent due to disrepair in the property.
9. Mr X requested a review of the Council’s decision. He said his landlord did not address his reports of serious disrepair in a reasonable time, so he did not pay his rent. He said he had now used his Universal Credit housing element towards Council Tax and utility bills.
10. The Council reviewed its decision but did not change its position. It said Mr X had already received public funds for his rent so it could not pay this to him again. It said it was his choice not to set this money aside for when the disrepair was resolved. It signposted Mr X to its Housing Options Team, which it said could provide tenant advice and liaise with the Benefits Service if Mr X needed help with a deposit to move property.
11. We will not investigate Mr X’s complaint about the decision to refuse his discretionary housing payment application. The Council has considered Mr X’s application and his review request against its eligibility criteria and acted within its discretion to refuse his application. It has explained its reasons to him and appropriately signposted him to other services. There is not enough evidence of fault in the Council’s handling of this application to justify investigation.
12. Mr X also complains he reported his housing disrepair to the Council but it did not take effective action.
13. We will not investigate Mr X’s complaint about the Council’s handling of his housing disrepair reports. Mr X’s complaint to the Council and which it has responded to was about the discretionary housing payment decision. The Council has therefore not had an opportunity to investigate or reply to this matter, so this part of Mr X’s complaint is premature. If Mr X is unhappy with the Council’s response to his reports of housing disrepair, he can raise this as a new complaint to the Council.

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Final decision

14. We will not investigate Mr X’s complaint. Part of his complaint is premature and there is not enough evidence of fault to justify investigating the discretionary housing payment decision.

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Investigator's decision on behalf of the Ombudsman