The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to withdraw an offer of a disabled facilities grant. The complaint is too late and we have seen no reason why Mr X could not have contacted us much sooner.
The complaint
Mr X complains the Council wrongly withdrew a disabled facilities grant (DFG).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council advised Mr X in September 2022 that it was investigating a change of circumstances, to ensure the approved DFG still complied with DFG rules.
In March 2023, the Council advised Mr X the DFG was withdrawn. Mr X complained to the Council. The Council sent its final response in October 2023.
The law says a complaint must be made within 12 months of the complainant becoming aware of the matter. Mr X was informed the DFG was withdrawn in March 2023. He did not make a valid complaint to the Ombudsman until March 2025. The complaint is therefore late. I have seen no good reason to exercise discretion on this point.
Investigator's decision on behalf of the Ombudsman