The Ombudsman's final decision
Summary: We will not investigate this complaint about the outcome of a disabled facilities grant application. There is not enough evidence of fault in how the Council made its decision to justify our involvement.
The complaint
Mr X complained about the outcome of a disabled facilities grant (DFG) application. He said the Council had refused to provide him a DFG to convert his garage into a downstairs bedroom. Instead, it had proposed he adapt a second reception room. Mr X said the Council’s decision failed to recognise the needs of his wider family. He said it had negatively affected his mental health. He wants the Council to reconsider.
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))
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 confirmed its Occupational Therapist (OT) had assessed Mr X as needing a downstairs bedroom. They recommended the Council convert a second reception room into a bedroom to meet that need.
The Council’s Quality Assurance Panel considered the OT recommendation alongside Mr X’s request to convert his garage. It decided to convert the second reception room. In the final complaint response, the Council said it was satisfied the remaining reception room was sufficient to meet the family’s needs. It said Mr X could exercise his preferred choice, but that he would have to financially contribute to that.
Although Mr X is unhappy with the Council’s decision, we will not investigate this complaint. The Council took account of the relevant guidance, completed an OT assessment and considered information from Mr X. There is not enough evidence of fault in how the Council made its decision to justify our investigating.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman