Summary: Miss X complained the Council did not agree to her disabled facilities grant (DFG) request. She applied for a dropped kerb and to create a hardstanding at the front of her property. Miss X said this meant she could not leave her property and has lost independence. The Council was not at fault.

The complaint

1. Miss X complained the Council did not agree to her disabled facilities grant (DFG) request. She applied for a dropped kerb and to create a hardstanding at the front of her property. Miss X said this meant she could not leave her property and has lost independence.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read Miss X’s complaint and spoke to her about it on the phone.
5. I considered information provided by Miss X and the Council.
6. Miss X and the Council had an opportunity to comment on my draft decision. Their comments before were considered before making this final decision.

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What I found

Background information

7. Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to give grants to disabled people for certain adaptations. Before approving a grant, a council must be satisfied the work is necessary, meets the disabled person’s needs, and is reasonable and practicable.
8. In March 2022 the government issued non-statutory guidance “Disabled facilities Grant (DFG) Delivery: Guidance for local authorities in England.
9. This guidance advises councils in England on how they can effectively and efficiently deliver DFG funded adaptations to best serve the needs of local older and disabled people. It brings together and sets out in one place existing policy frameworks, legislative duties and powers, together with recommended best practice, to help councils provide an adaptation service to disabled tenants and residents in their area.

What happened

10. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
11. Miss X applied for a DFG in August 2022. Miss X applied for a dropped kerb and a hardstanding on the front garden for a car. She also applied for a stair lift.
12. The Council considered the application in September 2022. The Council declined the application. Miss X requested a review.
13. The Council reviewed the application in October 2022. The Council agreed to install a stair lift. It refused the application for a dropped kerb and hardstanding. The Council determined it did not have a compulsory duty to provide a driveway.
14. Miss X wanted the Council to reconsider its decision. She asked for an independent appeal panel to consider her request.
15. The independent appeal panel met in December 2022. Miss X attended the panel meeting and confirmed she could get from her gate to her property. Miss X advised she could not get from her gate to her car because of the slope on the path outside her home. The panel decided the Council had no compulsory duty to complete any works.
16. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to approve her application.
17. In response to my enquiries the Council stated the work was not compulsory. The Council said it would not agree to discretionary works.

My findings

18. It is not for the Ombudsman to say what Miss X’s needs are or what adaptations are required to a property. That is the Council’s role. My role is to determine whether the there was any administrative fault in the way the Council reached its decision.
19. The law states a Council must approve an application if it is to facilitate a person accessing their property. The Council determined the application was to support Miss X getting from the front gate to her car. The Council decided it had no statutory duty to approve the request. The Council decided it was not reasonable and practicable to approve the application.
20. An independent appeal panel considered Miss X’s request. Miss X went to the meeting and could support her application. The panel agreed with the Council’s decision.
21. The Council can decide the proposed works were not compulsory, reasonable and practicable. Miss X disagreed with the Council. There is no evidence of fault in how it made the decision. That means I cannot question the decision. The Council was not at fault.

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Final decision

22. I have not found fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman