Summary: We will not investigate this complaint about a claim for a Discretionary Housing Payment. This is because there is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Ms X says the Council has unfairly refused a Discretionary Housing Payment (DHP) which she claimed to help her with the first month’s rent and a deposit when she moved. She says that the Council promised to pay once she moved and claimed the housing element of Universal Credit. This has caused her stress and financial hardship.

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

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How I considered this complaint

3. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X complained to the Council regarding the matters in paragraph 1.
5. The Council replied that Ms X owned a property before her move and so she was not entitled to the housing element of Universal Credit. The Council explained it could not pay a DHP as the criteria required the claimant to be entitled to housing benefit or the housing element of Universal Credit for the property she lived in before she moved. The Council also said it could not advise Ms X in advance of her move whether she would be entitled to a DHP or not.
6. A council can award discretionary housing payments (DHP) when someone needs help with housing costs and is claiming Housing Benefit or Universal Credit which includes housing costs towards rent. (Discretionary Housing Payments guidance manual May 2022, section 2.3).
7. We will not investigate this complaint because it is unlikely we would find enough evidence of fault by the Council. The Council explained it cannot award a DHP for rent in advance or a deposit if the claimant is not receiving housing benefit or the housing element of Universal Credit. It is not possible to receive a DHP retrospectively if the criteria did not apply. I have not seen evidence that the Council promised Ms X she would be entitled to the DHP once she moved.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman