The Ombudsman's final decision
Summary: Mrs E complained the Council refused to reduce the land charge on her late mother’s property after it awarded a Disabled Facilities Grant. We do not find the Council was at fault.
The complaint
Mrs E complained the Council refused to reduce the land charge on her late mother’s (Mrs F) property after it awarded a Disabled Facilities Grant (DFG). She says the Council removed the stairlift but failed to reduce the land charge on Mrs F’s property.
Mrs E says the matter has caused distress and frustration.
The Ombudsman’s role and powers
We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by: their personal representative (if they have one), or someone we consider to be suitable.
(Local Government Act 1974, section 26A(2), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information from Mrs E and the Council.
Mrs E and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Disabled Facilities Grant Councils have a duty under the Housing Grants, Construction and Regeneration Act 1996 to award a Disabled Facilities Grant (DFG) to help meet the cost of adapting a property to meet the specific needs of a disabled person. The maximum amount of a grant is £30,000.
If the grant is more than £5,000 and the applicant owns their own home, the grant will have a condition that the money is repayable in certain circumstances. For example, if the person moves home within 10 years, except for health reasons. In such cases, the council will register a local land charge against the property so it can recover the grant money if the property is sold.
What happened Mrs E’s late mother (Mrs F) applied to the Council for a DFG to help fund a wet room and a stairlift.
The Council awarded the DFG and confirmed it would put a land charge of £5,972.74 on Mrs F’s property.
Mrs F became unwell and went into hospital. The Council installed the stairlift while Mrs F was in hospital. Mrs F died shortly after it was installed.
Mrs E contacted the Council in June 2021 and explained Mrs F had died. She asked the Council to remove the stairlift. The Council did this promptly. Mrs E says she asked the Council if it would adjust the land charge, and it told her it would pass her request to the correct department. However, there are no independent records to confirm this.
Mrs E sent emails to the Council in September and October. She asked for further information on whether it would recalculate the land charge on Mrs F’s property as she could not use the stairlift before she died. She sent the emails to an incorrect email address, and so the Council did not receive them.
Mrs E complained to the Council on 28 October. She said it had failed to respond to her emails. She also said she was selling Mrs F’s property and so needed further information about the land charge.
The Council responded to Mrs E’s complaint on 20 December. It explained it placed a land charge on the property and this is not altered if it subsequently removes equipment.
Mrs E emailed the Council on 26 January 2022 and asked why it did not reduce the land charge when it removed the stairlift. The Council responded and said the charge is set against the completed grant, and not the cost of the equipment.
Mrs E sent further emails questioning the land charge. The Council reiterated its previous position.
Mrs E remained dissatisfied with the Council’s response and referred her complaint to the Ombudsman.
Analysis Mrs E says the Council should have reduced the land charge on Mrs F’s property after it removed the stairlift. She says it was her understanding the Council can use the stairlift once it is returned. The Council has explained stairlifts are not re-used in their entirety because of their bespoke nature. However, the engineer may break them down and use the parts to repair other units.
There is nothing in any of the documentation the Council sent to Mrs F which suggests it will reduce the land charge if someone returns the equipment. The Council will only remove the charge if it will cause the recipient of the DFG financial hardship or when the disposal of the property is made for reasons connected with the physical or mental health of the recipient. Neither of the exceptions apply in this case.
The Council completed the works and so appropriately registered the land charge against Mrs F’s property. While it is unfortunate Mrs F could not benefit from the stairlift, I find no fault with the Council’s actions.
Final decision
I have completed my investigation. The Council was not at fault.
Investigator's decision on behalf of the Ombudsman