Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to award a Discretionary Housing Payment (DHP). She says she qualifies because she has a rent shortfall, cannot work due to ill-health and the refusal meant she had to borrow money.

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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 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 Mrs X and the Council. This includes the DHP application and decision, the DHP policy and the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council can award a DHP to help with housing costs. There is no right to a DHP. The Council can award a DHP if someone has a rent shortfall or income taper. The Council decided to focus awards on people who are at risk of homelessness and a DHP would prevent homelessness. Councils have a limited amount of money to use for DHPs.
5. Mrs X applied for a DHP. On her application form she said she did not have any rent arrears. She explained the family has financial difficulties and they have non-priority debts (for example, credit cards and loans).
6. The Council decided not to award a DHP because Mrs X does not have rent arrears and is not at risk of homelessness. Mrs X submitted a new financial statement and challenged the decision. Mrs X said she qualifies because she has a rent shortfall and explained she uses credit cards to pay the rent.
7. The Council reviewed the application, more than once, but did not change the decision. It said it had reviewed Mrs X’s finances and decided she has enough income to cover her housing costs. It said it had identified some income on her bank statements which had not been declared. It explained a DHP is for housing costs and not for general expenditure. The Council signposted Mrs X to other sources of support from which Mrs X received a payment.
8. Mrs X says the Council did not properly assess her finances or circumstances. She also says it questioned her credibility regarding her income.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the application, supporting evidence, review correspondence and the DHP policy. I appreciate Mrs X disagrees, but I have not seen fault in the way the Council reached the decision. It considered all the relevant issues but decided not to award a DHP because Mrs X is not at risk of homelessness. The Council agrees Mrs X has a rent shortfall but the policy does not say the Council must award a DHP to everyone with a shortfall. The Council must also consider the overall circumstances of the applicant and whether they are at risk of homelessness. I appreciate Mrs X uses credit cards to pay the rent but she stated she has no arrears which is a factor the Council was entitled to consider when assessing if Mrs X is at risk of homelessness.
10. Mrs X says the Council questioned her credibility. The Council identified some income on her bank statements which did not appear to be reflected in the application. I am not saying Mrs X failed to disclose some income, but part of the Council’s role is to consider whether there are any discrepancies. I acknowledge Mrs X may dispute any such suggestion but it is not wrong for the Council to note it as a possible concern and take it into account.
11. We are not an appeal body and it is not my role to decide if the DHP decision is right or wrong. It is also not my role to decide if Mrs X is eligible for a DHP. I can only consider if there was fault in the way the Council made the decision and I see nothing to suggest we need to start an investigation.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman