The Ombudsman's final decision
Summary: We will not investigate this complaint about a Disabled Facilities Grant application. This is because there is not enough evidence of fault to justify our investigation.
The complaint
Mrs Y complains the Council has refused her application for a Disabled Facilities Grant (DFG) to help her extend her home to include a downstairs bedroom and walk-in shower. Mrs Y says the Council has told her this is because her husband earns too much, but she says without the help from the Council she will not be able to afford to complete the work.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y has a disability. She applied to the Council for a DFG to help fund a conversion of a barn adjoining her home to provide her with a downstairs bedroom and walk-in shower to help her with problems arising from her disability.
The Council carried out a preliminary financial means test in September 2021, considering Mrs Y’s income, assets and savings and of her husband, Mr Y. From this, the Council found Mr Y’s income was too high for Mrs Y to be eligible for a DFG. It sent her a letter in March 2022 to confirm this.
Mrs Y then complained to the Council, who spoke to her in April to confirm the information she had previously provided for the financial assessment was correct. The Council then responded to the complaint in May, explaining that having reviewed the financial means test, it had been able to confirm its decision, that Mrs Y was not eligible for a DFG following the means test. Mrs Y then asked us to investigate in May.
Analysis As part of the application process for a DFG, the Council is required to carry out a financial means test for both Mrs Y and Mr Y. The Council considered the information Mrs Y had provided them about both Mrs and Mr Y’s finances. From this the Council found that Mrs Y was not eligible for a DFG. It has reviewed this and confirmed its decision based on the confirmation Mrs Y gave of the original information.
We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
As the Council has considered relevant factors, such as financial information provided by Mrs Y, in its decision-making process, there is not enough evidence of fault to justify investigating this complaint. Consequently we will not investigate the complaint.
Final decision
We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify our investigation.
Investigator's decision on behalf of the Ombudsman