Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her applications to the Council’s Essential Living Fund (ELF) scheme. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complains the Council has banned her from making applications to its Essential Living Fund (ELF) scheme due to previous misuse of an award. Miss X wants the Council to lift the ban, reinstate her ELF eligibility, review polices and apologise for the harm caused.

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The Ombudsman’s role and powers

2. 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 and we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

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

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My assessment

6. In February 2024, Miss X applied for an ELF grant. She said she had a low income, was struggling with the cost of living, and needed support because of her child’s special dietary needs. She asked for help with food, clothing, and bills.
7. The Council awarded Miss X £335 for energy costs, groceries and water. The Council told Miss X the payment could not be used to purchase clothing.
8. The Council wrote to Miss X confirming the funds would be loaded onto a pre-paid card and could only be used for the approved items. Miss X signed a declaration agreeing to these terms. The Council’s website warns that spending money on items such as carpets, petrol, or takeaways would be seen as a misuse of funds and may affect future applications.
9. Miss X later spent £165 of the ELF award on carpets. The Council treated this as misuse of funds. Miss X applied for further ELF grants in October 2024 and April 2025. The Council refused these applications because Miss X asked for items the scheme does not cover and because she had previously misused a grant.
10. Miss X then submitted Tier 1 and Tier 2 appeals and Stage 1 and Stage 2 complaints. The Council rejected her appeals and complaints, stating that its decisions complied with policy and it had considered each application on its merits.
11. In her complaint to us, Miss X confirmed using the pre-paid card to buy carpets but said she had mitigating circumstances linked to her child’s disability.
12. The Council gave Miss X clear information about what she could spend the ELF award on and what would happen if she misused the funds. She agreed to these terms when she accepted the award. Because she misused the funds, the Council was entitled to use this as a reason to refuse her later applications. There is no evidence the Council acted wrongly when applying its policy or considering the circumstances of this case.
13. The Council has not issued Miss X with a lifetime ban from the ELF scheme as she believes. The Council has confirmed it will assess any new claim Miss X makes and decide based on the information provided and in line with its policy. The scheme is reviewed annually. There is no set penalty period; the Council said it makes decisions on a case-by-case basis.
14. We will not investigate Miss X’s complaint because we are unlikely to find evidence of fault by the Council.

Final decision

15. We will not investigate Miss X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman