Durham County Council (19 009 578)

Category : Benefits and tax > Local welfare payments

Decision : Closed after initial enquiries

Decision date : 06 Nov 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to give a settlement grant to the complainant to help him move into a new home. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to give him a settlement grant.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I read the complaint and the letters the Council sent to Mr X about the application. I considered the settlement grant policy and comments Mr X made in reply to a draft of this decision.

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What I found

Settlement grant

  1. The settlement grant helps people move back into the community after a period in supported or unsettled accommodation. A grant can also be awarded to people who need support to move out of inappropriate accommodation. The policy defines inappropriate accommodation as people moving to avoid residential care or hospital, domestic violence or hate crime. It also includes people who are moving to adapted accommodation or people who are homeless.

What happened

  1. Mr X was living in a two bedroom flat which he rented from a private landlord. He decided to move to cheaper accommodation because he receives benefits and could not afford the two bedroom home. He moved to a one bed home which he rented from a Housing Association.
  2. Mr X applied for a settlement grant. He applied for help to buy a cooker and washing machine, furniture and for help with removal costs. He did not state that he receives help from any support organisation. He said he receives benefits and has a mental health condition.
  3. The Council refused his application because Mr X does not receive help from a support organisation. It also refused the application because Mr X had not moved from unsuitable accommodation. The Council suggested other organisations who might be able to help with the cost of the move.
  4. Mr X disagrees with the Council’s decision. He says he needs support even if he does not receive it. He had to use a credit card to finance the move and there are things he still needs to buy. He has referred to homelessness legislation which says councils must consider if a property is affordable. He says he would have become homeless if he had not moved.

Assessment

  1. I will not start an investigation because there is insufficient evidence of fault by the Council. Someone can qualify for a grant if they are moving out of accommodation, as defined by the policy, and receive support from an organisation. The grant is designed for people who are moving from an unsettled and supported type of accommodation to more settled accommodation. The policy specifically says that, to qualify, the person, needs support to move.
  2. For understandable reasons Mr X wanted to move to a cheaper home but this is not one of the grounds that mean people can qualify for a settlement grant. Mr X was aware his home was unaffordable and arranged to move to cheaper accommodation. Mr X has referred to affordability as defined by homelessness legislation but the homelessness rules do not apply to the settlement grant policy. In addition, Mr X does not receive help from a support organisation and a Housing Association does not count as a support organisation he has suggested.
  3. The decision not to award a grant is consistent with the policy so there is no reason to start an investigation. In addition, the Ombudsman does not act as an appeal body. He cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

  1. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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