Summary: We will not investigate this complaint about how the Council dealt with Ms X’s application for a Discretionary Housing Payment because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Ms X complained the Council gave her misleading advice about the support it could provide to her, impacting her mental health and causing her hardship.

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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 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

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

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My assessment

5. Ms X contacted the Council about the support it could provide to her. During a conversation with Ms X, the Council told her the Universal Credit it provided paid her rent as it included the housing element. It said it would not pay her rent as Universal Credit was already paying her rent.
6. During the call, the Council told Ms X to refer to the breakdown of her Universal Credit which would show it included a housing element.
7. The Council advised Ms X she could apply for Discretionary Housing Payment and for a one off payment from its essential living fund. When Ms X applied, the Council told her she was not eligible.
8. Ms X complained the Council had given her misleading advice and caused her to fall into debt and rent arrears.
9. The Council considered Ms X’s complaint and apologised the advice it gave about Universal Credit paying her rent was not as clear as it could have been. It explained how it had made its decision she was not entitled to a payment from the Discretionary Housing Payment or essential living fund.
10. The Council reconsidered the decision and decided it was correct in saying she is not eligible.
11. Although the Council accept it’s advice could have been clearer, the advice and referring Ms X to the Universal Credit breakdown is clear enough to show Ms X’s Universal Credit payment would not cover all her rent.
12. The Council’s advice could have been more definitive but was not unclear to the point of constituting a fault in its service. Nor is this advice misleading to the point it can be considered the cause of Ms X’s rent arrears.
13. The Council was correct in advising Ms X of possible support she could apply for and is entitled to make a decision about the application once it was made. Telling her she can apply does not mean the Council has to approve the application.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman