Summary: We will not investigate this complaint about the Council’s decision to decline Mr X’s Discretionary Housing Payment. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained the Council did not properly consider his Discretionary Housing Payment application. He said it relied rigidly on its policy and fettered its discretion. He said the Council’s decision caused him financial hardship and distress, putting him at risk. He wants the Council to reconsider his application.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X moved to a new property and made a retrospective Discretionary Housing Payment application to the former Council. He said this was to pay back a family loan he used to pay 12 months’ rent upfront.
6. The Council declined his application because he had already moved into the property before it could consider it.
7. We will not investigate this complaint. The Council considered Mr X’s circumstances and clearly explained to him why it declined his application. Therefore, there is not enough evidence of fault to warrant our involvement.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman