Summary: We will not investigate this complaint about the Council’s handling of a Discretionary Housing Payment. This is because there is not enough evidence of fault, and it is unlikely an investigation would add to the Council’s response.

The complaint

1. Mr X complained that he applied for a one-off Discretionary Housing Payment (DHP) to prevent going into further arrears with his landlord. He complained the Council poorly communicated with him about the support he applied for, the support it was offering him, and it didn’t remind him his ongoing DHP was ending. Mr X says this caused him to go into arrears and impacted his mental health and neurodiverse condition.
2. Mr X wants the Council to recognise the stress it caused and resolve the situation.

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The Ombudsman’s role and powers

3. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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) 

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X was receiving ongoing DHP to support his financial situation. This finished in November 2023. In the same month, following financial advice, he applied for a one-off DHP to help with rent arrears which the Council declined.
8. Mr X complained the Council did not tell him the ongoing payment was going to end, and that he needed to reapply. He also complained that his request for a one-off DHP was declined which impacted his relationship with his landlord.
9. The Council explained the ongoing DHP acceptance letter included the dates the support would be provided, and after this Mr X would need to reapply. The Council explained that it does not send reminder letters.
10. The Council agreed some of the correspondence it sent to Mr X may have been confusing. It said it recognised the difficult situation Mr X was in and the steps taken to seek support. It has provided a chronological breakdown of the financial support provided, and reassessed and provided another ongoing DHP which it backdated to November 2023. It also made a one-off DHP to help towards Mr X’s rent arrears.
11. I will not investigate this complaint because there is not enough evidence of fault by the Council. It has reassessed Mr X’s applications and provided him with the support he asked for. An investigation would therefore not add to any investigation done by the Council, or lead to a different outcome.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault and it is unlikely an investigation by the Ombudsman would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman