Summary: We will not investigate this complaint about a discretionary housing payment because there is not evidence of fault by the Council.

The complaint

1. Ms X complains that the Council unreasonably refused her request for a Discretionary Hardship Payment.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X made an application for a Discretionary Hardship Payment as she was concerned she would not be able to pay her rent.
6. The Council says they considered her request but she had received three previous Discretionary Hardship Payments previously for rent arrears. She had been advised to seek alternative cheaper accommodation. The Council says that it considered that it would not longer be appropriate to make further such awards.
7. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
9. I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding not to award a Discretionary Hardship Payment. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman