The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to adapt a loft for Mr X’s daughter. This is because there is insufficient evidence in the Council’s decision making.
The complaint
Mr X complained the Council has not agreed to adapt his loft to a bedroom for his daughter who has additional needs.
He would like the decision to be reversed.
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
Mr X asked the Council to adapt his loft to a bedroom so his daughter who has autism can have a bedroom of her own.
The Council considered information from Mr X, his daughter’s school and medical information before it explained that it would not approve the adaptation. It explained that it would, however, support his family if he applied to be re homed in a house with an extra bedroom.
Mr X has explained the reasons he would prefer to remain in the home they are in as this will minimise disruption to him and his family.
Although Mr X’s reasons for wishing to remain in their home and add a bedroom are understandable, this does not mean the Council is at fault for making the decision it has made.
I am satisfied the Council considered the request as we would expect and then made a decision it is entitled to make.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman