Summary: We will not investigate this complaint about a Discretionary Hardship Payment as there is no evidence of fault by the Council.

The complaint

1. Ms X complains that the Council has unfairly refused her request for a Discretionary Hardship Payment.

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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, 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, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X made an application for a Discretionary Hardship Payment arguing that she could not afford to move house and she needed to be near her disabled father. She said her income was too low to pay the rent.
6. The Council considered her request but refused stating that it has examined her income and taken into account her previous Discretionary Hardship Payments (of over £12,000). The Council says that it had previously advised Ms X that Discretionary Hardship Payments would stop in January 2024 with no further payments being made.
7. I am satisfied that there is no evidence of fault in the way the Council considered her income and expenditure when considering her request. Ms X’s complaint lies with the merits of that decision. The Council’s decision is discretionary. The Ombudsman could not criticise the merits of that decision in the absence of administrative fault.

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Final decision

8. We will not investigate Ms X’s complaint because there is no evidence of fault in the way the decision was made.

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Investigator's decision on behalf of the Ombudsman