The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a Disabled Facilities Grant. This is because there is not enough evidence of fault.
The complaint
Mrs X complains the Council refused her application for a Disabled Facilities Grant to adapt her home for her son. She says they need the adaptions for safety and to preserve her son’s dignity.
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
Mrs X asked the Council to consider installing gates at the front of her home and a downstairs toilet. An Occupational Therapist visited and did an assessment.
The Council said it would not install a downstairs toilet as Mrs X’s son could access the upstairs bathroom. It made a referral to continence services. It said it would not consider installing gates as Mrs X’s son had one-to-one care and a lockable porch, as well as locks on windows and doors.
I will not investigate this complaint. There is not enough evidence the Council has acted outside the law to justify an investigation. Where a council has followed the correct process, we cannot question its decision, even when a complainant disagrees with the decision.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman