The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to install ramped access to Miss X’s property. That is because there is not enough evidence of fault to justify our involvement.
The complaint
Miss X complained about the Council’s decision not to: install ramped access to her property, widen a doorway, and provide her outdoor storage for her mobility scooter.
Miss X said she had to keep her scooter indoors where it was a trip hazard and that she could not use it outside. Miss X wanted the Council to install the ramp and storage.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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 provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s complaint response to Miss X confirmed that an Occupational Therapist (OT) visited her property to assess whether she needed ramped access. It said that Miss X could enter and exit the property without assistance and could walk up and down the stairs, indicating a good level of mobility. It said Miss X was not eligible for a Disabled Facilities Grant (DFG) as the OT did not assess the requested work as “necessary or appropriate”. In addition, the Council referred it its DFG policy. This said the Council would not provide DFG for storage areas for wheelchairs and scooters.
Although Miss X is disappointed with the Council’s decision, we will not investigate this complaint further. That is because the Council has followed the correct steps in considering whether Miss X is eligible for DFG assistance. It has completed an OT assessment, applied the relevant legislation to its decision making and considered Council policy. Therefore, there is insufficient evidence of fault to justify our involvement.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman