Summary: We will not investigate this complaint about eligibility for the hardship support fund. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council is not processing the hardship support fund in line with government guidance. She wants the Council to award money from the fund and compensation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. I also considered the government guidance, our Assessment Code, and invited Mrs X to comment on a draft of this decision.

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My assessment

4. The government has provided money to councils to support people with food, water bills and energy costs. At least 50% of the money must go to households with children. The guidance says it is for each council to decide how it will distribute the money.
5. The Council decided to support families with children with food costs and to provide funding to an organisation that helps with energy costs. The vouchers for fuel costs are only available to people who use energy pre-payment meters.
6. Mrs X does not have children and does not use a pre-payment meter. Mrs X asked for support because she is struggling financially. She says the Department for Work and Pensions said she is entitled to £500 from the fund. Mrs X complains the Council has discriminated against her by only helping families and those on pre-payment meters. The Council explained councillors had decided how it would distribute the funding.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The government guidance states it is for each council to decide how to distribute the funds, providing at least 50% is used to help families. Mrs X may disagree with the Council’s decision on how it will support people but it was a decision the Council was entitled to make. We are not an appeal body and cannot over-ride a council’s decision or tell it to act in a way which would be contrary to a decision made by councillors. If Mrs X thinks the Council should adopt different support criteria for any future funding provided by central government, then she would need to lobby councillors for a different approach.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman