Summary: We upheld Ms X’s complaint about the Council’s process for applications for Discretionary Housing Payments. This is because the Council accepted its error and has agreed to resolve the complaint early by providing a remedy for Ms X’s injustice and improving its service for others.

The complaint

1. Ms X complained about the Council’s process for Discretionary Housing Payments applications. She said its requirement that all such applications be made online is discriminatory.
2. Ms X said the Council had caused her avoidable distress and inconvenience. She is seeking a review of the Council’s process.

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The Ombudsman’s role and powers

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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Ms X complained the Council’s application process for Discretionary Housing Payments is discriminatory as she cannot access this because of her disabilities.
7. The Council reviewed her complaint and accepted it had given her wrong information when she tried to apply for the payment. It apologised and provided accurate information explaining how it made the application accessible for people with different needs.
8. If we investigated this complaint, it is likely we would find the Council at fault as it has accepted it gave Ms X wrong information. It is clear Ms X has been caused avoidable delay, upset and inconvenience because the correct information was not provided.
9. We therefore asked the Council to consider remedying the injustice to Ms X by making a payment of £100 and providing clearer information on its website.
10. To its credit, the Council agreed to resolve the complaint on this basis.

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Agreed Action

11. Within one month of this decision, the Council will:
• make a payment of £100 to Ms X; and
• update its website to let applicants know how they can access support with an application if needed. This should be clear to anyone accessing information about applying for a Discretionary Housing Payment.

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Final decision

12. We have upheld Ms X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X and improving its service for others.

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Investigator's decision on behalf of the Ombudsman