Summary: A man complained about the Council’s refusal of his application for Discretionary Housing Payments. But we will not investigate this matter as there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I shall call Mr C, complained the Council had unreasonably refused his application for Discretionary Housing Payments (DHP’s) to help with his rent. Mr C felt he had a strong case for an award of DHP’s and the Council had not shown good reason for turning down his application.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered the information Mr C provided with his complaint. I also took account of the Council’s DHP Policy and the Government’s DHP guidance manual. In addition, I considered the Ombudsman’s Assessment Code.

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My assessment

4. Councils may award DHP’s where they are satisfied a claimant receiving housing benefit, or the housing element of Universal Credit, needs further financial help with their housing costs. Councils have discretion about whether or not to make DHP’s in any particular case and about the amount and period of any award. So there is no statutory right to receive a DHP. There is also a cap on the total amount of DHP’s a council can fund each year.
5. The Council’s DHP Policy says applicants will be assessed on the basis of demonstrable exceptional financial hardship, and that DHP’s will be awarded for a time limited period, usually six months, to give applicants time to sort out their financial and housing circumstances. The Policy also says that an award of DHP’s does not automatically mean a further award will be made at a later date, even if the applicant’s circumstances have not changed.
6. The Council previously awarded Mr C DHP’s for six months because his normal benefits did not cover his rent payments in full. Mr C then made a second application as he still could not afford his rent.
7. But this time the Council turned him down. The Council said this was because its previous DHP award was to give him more time to find cheaper accommodation and it would not continue to support him in an unsustainable tenancy.
8. Mr C argued that he had done all he could to try and find more affordable accommodation, increase his income and reduce his expenditure, so the Council must help him. But the Council stood by its decision in his case.
9. However the Ombudsman is not an appeal body about the Council’s decisions. So it is not our role to substitute our view for that of the Council regarding a DHP application. We can consider the way the Council makes its decisions. But if there is no fault in the decision-making process we cannot question the outcome.
10. Mr C may feel the Council has not addressed his continuing financial and housing difficulties in the DHP process. But from the evidence provided I consider the Council took relevant information into account, and came to a reasoned decision about his application which was in line with Government guidance and its own Policy on DHP’s. In the circumstances, given the wide discretion allowed to it in determining DHP applications, I consider the Council reached a decision it was reasonably entitled to reach in Mr C’s case.
11. As a result I do not see that we would have sufficient grounds to interfere with the Council’s decision in Mr C’s case because of any fault in the decision-making.

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Final decision

12. Mr C complained that the Council had unreasonably refused his application for Discretionary Housing Payments. But we will not start an investigation about this matter because there is no sign of fault in the Council’s decision to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman