London Borough of Barnet (03A08718)

Private housing grants                Maladministration causing injustice

08 February 2006

‘Mr Adam’ (not his real name for legal reasons) suffers from focal foot dystonia. His left foot has twisted at the ankle so that his foot is at right angles to his leg. He also suffers from osteoporosis of the spine and will probably have to use a wheelchair in his home as his condition deteriorates. He was living in a two-storey house with a stairlift and had difficulty in accessing the upstairs shower and bath.

He complains that the Council failed to consider his application for a disabled facilities grant properly. He says that, if he had been told at the outset that his application was likely to be turned down, he would have moved much sooner. He moved within six months of the Council’s refusal to fund the extension.

The Ombudsman found maladministration in that the Council:

• failed to advise Mr Adam about its policy not normally to approve extensions and failed to consider his need for an extension when the occupational therapist first proposed one;
• failed to ensure that there was adequate liaison between officers in the processing of the application and, as a result, unreasonably raised Mr Adam’s expectations that a grant for an extension would be approved; and
• failed to record the discussion when the Cabinet Member considered the application, and to record promptly the reasons for the decision and to share these with Mr Adam.

To remedy the injustice the Ombudsman recommends that the Council:

• pays Mr Adam compensation of £2,650 for having lived in unsuitable accommodation for about two years longer than necessary, for part of his moving costs and his time and trouble in pursuing his complaint; and
• ensures that decisions made at Cabinet Member level on grant applications are properly recorded, and a list of reasons for refusal noted and given to the applicant once the decision is made.

Date Published: 20/03/09