Summary: We will not investigate Ms X’s complaint that the Council has failed to have proper regard to her financial difficulties, could relieve her debt by a further discretionary housing payment, and failed to properly handle a complaint and subject access request. The Council has not caused Ms X injustice this year and there is no reason to reconsider what happened in previous years.

The complaint

1. Complaint 1: Ms X complains the Council is responsible for her rent arrears and has not done what it could to relieve her rent arrears. There is a shortfall caused by her housing benefit not covering full rent. Ms X wants the Council to make a further discretionary housing payment to clear the rent arrears.
2. Complaint 2: Ms X complains the Council will not help with housing unless she becomes bankrupt or obtains a debt relief order. Ms X complains the Council failed to contact the organisation that gave her business advice, last October, which says it is not in her interest to become bankrupt. She says the Council should have proper regard for her financial position and give better advice on her debts. Ms X says she has insufficient money to live and has needed to sell belongings to survive. She says the Council has harmed her health and that of her daughter and should pay compensation.
3. Complaint 3: Ms X complains the Council refused to deal with her complaint sent in late 2021 regarding her financial position. She says the Council referred to her as a vexatious sender which is offensive and unjust.
4. Compliant 4: Ms X complains the Council has not fully provided information requested in her subject access request, December 2021. The request followed discussion with her business debt adviser.

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The Ombudsman’s role and powers

5. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I have considered Ms X’s information, comments and reply to my draft decision statement. I have discussed the complaint with Ms X by telephone. I have considered our last decision, 2 December 2021 (ref 21010144), on Ms X’s complaint about her rent shortfall and discretionary housing payments. I have considered the Council’s complaint replies dated January and April 2022.

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My assessment

8. I will not investigate this complaint for the following reasons:
9. Complaint 1: In December 2021 the Ombudsman found the Council was not at fault in its decisions on discretionary housing payments. There is no significant new evidence requiring us to look again at previous years. Ms X told the Council it had broken an agreement made in February 2021 but she has not provided evidence of that or explained the significance. Ms X pays about £76/79 per week towards the rent due to a benefit shortfall. In 2021 the Council paid £4,500 in discretionary payments towards the rent arrears. It expects Ms X to move to affordable accommodation and pay something towards the arrears.
10. Ms X tells me she does not disagree that she needs to move. She says her daughter is moving out and she will seek different accommodation. She says the Council made a discretionary payment for October to January 2021.
11. Complaint 2: There is insufficient evidence of Council fault this year having regard to the complaint reply sent to Ms X on 21 January:
1. The Council has repeated that if Ms X finds alternative accommodation it will consider helping with the deposit or rent in advance. It says Ms X is living in unaffordable accommodation and discretionary payments are not a long-term solution.
2. Ms X is on the housing register in band C and can bid for one bed properties.
3. Ms X can contact the Council for help with temporary accommodation or a homeless application should her landlord require her to leave.
4. The Council does not give debt advice but signposts where to get advice.
12. Complaint 3: There is no injustice caused to Ms X by how the Council has dealt with her complaint. The Council has replied on both the financial/housing issues and the subject access request. The Council says it advised Ms X, on 2 December, that she should only contact it by email and the comment about her contact was made in the light of that request.
13. Complaint 4: It is reasonable for Ms X to go to the Information Commissioner if she has a subject access issue (see paragraph 6). The information held indicates Ms X and the Council have both taken advice from the Information Commissioner. There is insufficient injustice for the Ombudsman to investigate.

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Final decision

14. The Ombudsman will not investigate Ms X’s complaint the Council has failed to have proper regard to her financial difficulties, could relieve her debt by a further discretionary housing payment, and failed to properly handle a complaint and subject access request. The Council has not caused Ms X injustice this year and there is no reason to reconsider what happened in previous years.

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Investigator's decision on behalf of the Ombudsman