London Borough of Bexley (23 016 831)
Category : Benefits and tax > Local welfare payments
Decision : Closed after initial enquiries
Decision date : 21 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Ms X’s application to the Household Support Fund as there is insufficient evidence of fault by the Council.
The complaint
- Ms X complained the Council has refused to make a payment to her from its Household Support Fund (HSF). Ms X says the Council is asking for additional information she cannot provide, and this has affected her financially.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Parliament provided money to local authorities to set up HSFs to support households in the most need and gave them the discretion as to how to assess applications and make awards.
- The Council webpage about the HSF explains that the fund is to help households and that it can ask for any reasonable information to decide an application including evidence about the claimant’s income and expenditure and that of any other occupants of the home.
- The Council has decided it needs further evidence about Ms X’s finances including proof that she pays rent. This is a decision the Council is entitled to make and having reviewed the records around Ms X’s application, I am satisfied the Council has considered Ms X’s case in making it. As such, and as per paragraph four, we cannot be critical of the Council’s decision.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to justify our involvement.
Investigator's decision on behalf of the Ombudsman