The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to support Ms X’s application for a Disabled Facilities Grant. This is because we cannot achieve the outcome she wants.
The complaint
Ms X says the Council did not approve her application for a Disabled Facilities Grant (DFG) for a downstairs bedroom and bathroom. Ms X says she is unable to ascend and descend the stairs safely.
Ms X is a carer for her adult son and another adult who both have additional needs. Ms X says the Council’s decision not to support her application has affected her ability fulfil her caring role and has impacted her mental health. Ms X wants the Council to approve her DFG application.
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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X applied to the Council for a DFG to adapt her home. The Council completed an Occupational Therapy assessment and concluded that Ms X did not meet the criteria for a DFG.
The Council held a meeting with Ms X and her landlord. The landlord said that, even if the DFG was approved, they would not agree to the proposed work. Therefore, even if the Council approved Ms X’s application for a DFG, her home could not be adapted in the way she would like due to the landlord’s refusal. Therefore, we cannot achieve the outcome Ms X wants, and we will not investigate this complaint.
The Council offered to support Ms X to move home to allow her to access suitable accommodation. However, Ms X declined. It is Ms X’s choice to remain in her home even though the Council cannot make the adaptations she wants.
Final decision
We will not investigate Ms X’s complaint because we cannot achieve the outcome she wants.
Investigator's decision on behalf of the Ombudsman