Summary: We will not investigate this complaint about the Council’s decision on Miss X’s application for Discretionary Housing Payment. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s decision to limit the amount of DHP she receives and to end the payment in January 2023. She says that her rent is unaffordable without the payment and the Council is placing her in a potentially homeless situation.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant. I have also considered the Council’s Discretionary Housing Payment policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says her Discretionary Housing Payments (DHP) have not met her full rental charge since 2021 and that she is falling into arrears with her rent. She asked the Council to review the payments in September 2022 and it did so but the award was not increased.
6. The Council says it has been advising her since 2021 that the payments are not intended to be a long term addition to housing benefit payments and that she should seek accommodation in the area which is more affordable. Miss X says this is unreasonable.
7. The Council told her that her current allowance will remain until January 2023 when she will have to re-apply. There is no guarantee that the claim will be successful this time because the payments are discretionary and all her circumstances will be taken into account.
8. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. The Council has calculated the amount of DHP Miss X qualifies for according to her other income and her needs. The payment is not intended to meet rental shortfalls on a long-term basis and there is no statutory right of appeal.
9. There is no evidence of fault in the way the Council has considered Miss X’s claim.

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Final decision

10. We will not investigate this complaint about the Council’s decision on Miss X’s application for Discretionary Housing Payment. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman