Summary: The Ombudsman will not investigate Miss B’s complaint about the Council’s decision on her application for a discretionary housing payment. This is because there is insufficient evidence of fault in the Council’s decision-making process.

The complaint

1. The complainant, whom I shall call Miss B, complained about the Council’s decision on her application for a discretionary housing payment. Miss B told us she had been out of work and had accrued rent arrears.

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The Ombudsman’s role and powers

2. 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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered the information Miss B and the Council provided. I have given Miss B an opportunity to comment on my draft decision.

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What I found

5. People can apply to their local council for extra help if their housing benefit or their universal credit housing costs element does not cover their rent. Councils usually make discretionary housing payments for short-term problems only. They will consider if an applicant has enough income to pay their rent themselves. There is no right of appeal to an independent body but unsuccessful applicants can ask councils to reconsider their decisions.
6. Miss B applied to the Council for help with her housing costs in October 2019 because she had rent arrears. The Council refused her application because she had not provided details of her universal credit award. That was not fault because the Council needed those details to be able to consider Miss B’s request.
7. In November 2019 Miss B provided the details the Council has asked for. She asked for an additional discretionary housing payment for an earlier period in 2019. In December 2019 the Council said it had agreed a discretionary housing payment for one of the periods she asked for in her original request. But it did not agree to make a payment for the other period because she was not in receipt of a qualifying benefit (housing benefit or universal credit housing costs element).
8. Miss B asked the Council to reconsider its decision. In February 2020 the Council told Miss B it would not change its decision. It said Miss B was no longer in receipt of universal credit and she had enough income to set up a rent arrears payment plan with her landlord.
9. There is no right to a discretionary housing payment. We cannot question whether the Council’s decision on Miss B’s application was right or wrong if there is insufficient evidence of fault in the way the Council has reached it. In this case the Council has considered the information Miss B provided, reconsidered its decision and explained the reasons for its decision. There is insufficient evidence of fault in the Council’s decision-making process.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault in the Council’s decision-making process.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman