Summary: We will not investigate this complaint about how the Council paid a Discretionary Housing Payment and its communication with Ms X. This is because there is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Ms X complains the Council notified her landlord it was making a DHP payment without getting her consent first. She says the Council’s notification letter was unclear. In addition, she said it comments regarding her accommodation being unsuitable and the actions she could take were inappropriate and unhelpful. This caused Ms X frustration, and her landlord has now started possession proceedings.

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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. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X complained to the Council regarding the matters in paragraph 1.
5. The Council replied it had paid her landlord directly to protect her tenancy. It said it could not remove its details as the payer from the bank payment, and it had not revealed any private or sensitive information. The Council said it had paid £600 per month for a two-month period. It considered its notification letter clearly stated the rent period and the amount of the DHP. The Council said its DHP was paid to allow time for Ms X to consider her circumstances and take action.
6. 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. (DWP Discretionary Housing Payments guidance manual May 2022, section 2.3).
7. The Council’s DHP Guidance (April 2024) section 7 “Matters for consideration” describes factors the Council considers when making a decision. These include:
• What steps has the applicant taken to try to reduce their rental liability?
• What steps has the applicant taken to alleviate the problem?
8. We will not investigate this complaint because there is not enough evidence of fault by the Council to warrant investigation. The Council’s actions regarding its DHP payment appear in line with its own and government guidance. The Council’s guidance states it takes account of the steps an applicant has taken to reduce their rental liability or alleviative the problem. Therefore, the Council’s suggestions to Ms X about taking action herself do not appear to be evidence of fault.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of faut by the Council to justify investigation.

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Investigator's decision on behalf of the Ombudsman