The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse a Discretionary Housing Payment. There is not enough evidence of fault in the way the matter was considered to justify investigating.
The complaint
Mr X is unhappy with the Council’s decision to refuse his application for a Discretionary Housing Payment (DHP). He considers the Council racially profiled him.
The Ombudsman’s role and powers
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)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s published policy outlines its eligibility criteria for a DHP award. Relevant to this case, it explains claimants would not be eligible for assistance if their choice of accommodation is considered unsuitable e.g. because alternative cheaper accommodation is available. But where claimants face immediate hardship, it will consider a time limited payment to allow them to find alternative cheaper accommodation.
The Council refused Mr X’s DHP application as his current tenancy was unsuitable due to its high cost. In a further review, it said Mr X had not provided sufficient evidence to show how he intended to resolve his financial situation, so it upheld the decision to refuse DHP.
I will not investigate Mr X’s complaint. There is not enough evidence of fault in the way the Council made its decision to justify investigating.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to justify investigating.
Investigator's decision on behalf of the Ombudsman