Summary: We will not investigate Ms X’s complaint about the Council’s refusal to award her a discretionary housing payment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Ms X complains the Council refused her request for a one-off discretionary housing payment (DHP) to help with her rent payment. She says the Council failed to properly consider her circumstances or provide reasons for its decision.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code and the Council’s Discretionary Housing Payment Policy (published online January 2021).

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My assessment

6. In June 2024, Ms X, who receives Universal Credit, applied for a DHP from the Council. She said that, after recently moving to an unfurnished private rental property, she was struggling to pay her rent and certain bills while covering the unexpected cost of buying furniture.
7. In August, after requesting additional documents from Ms X, the Council wrote to Ms X refusing her request for a DHP. Ms X requested a review of the decision and sent additional supporting documents.
8. In November, the Council wrote to Ms X explaining the DHP Review Panel had upheld the previous decision. Ms X complained to the Council about its decision and said she felt she had been treated unfairly based on race.
9. The Council’s review decision letter shows the Review Panel considered Ms X’s circumstances, but it decided there were no exceptional circumstances to grant a DHP. It considered Ms X’s financial position, but upheld the previous decision whereby it was considered Ms X could manage her rental payments and other costs with the income she received. This decision is in line with the Council’s DHP Policy. I have not seen evidence that this decision was affected by bias or discrimination. For these reasons, there is insufficient evidence of fault to justify investigating this complaint.
10. It is not proportionate for us to consider any complaint about the Council’s complaint handling alone when we are not looking into the substantive matter.

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Final decision

11. We will not investigate Ms X’s complaint about the Council’s refusal to award her a discretionary housing payment. This is because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman