Summary: We will not investigate this complaint about the Council’s handling of an occupational therapy assessment and Disabled Facilities Grant request. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complains the Council did not support her Disabled Facilities Grant request because of the way it carried out an occupational therapy assessment. She complains the assessment was not accurate. She says she is not able to use all areas in her home which causes her stress. She would like the Council to provide her with an additional bedroom and disability aids.

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The Ombudsman’s role and powers

2. 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, or
• it would be reasonable for the person to ask for a council review or appeal

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X has health conditions which impact her mobility, and she cannot use the stairs. She lives in a house with a downstairs bathroom, kitchen and lounge and her bedroom is upstairs. Mrs X sleeps on her sofa as she cannot go upstairs. In 2020 the Council offered Mrs X a stairlift assessment which she declined.
7. In 2023 Mrs X sought help to have a downstairs bedroom added to her home, which would be a matter for a Disabled Facilities Grant. Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. District 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. The Council, a social care authority, completed an occupational therapy assessment in February 2023. The assessment found there was space in Mrs X’s lounge for a bed and an extension was not necessary. Mrs X was unhappy with the contents of the occupational therapy assessment and requested a review of the decision. The Council conducted a review, and its decision did not change. I am satisfied the Council has considered Mrs X’s health needs and there is not enough evidence of fault to justify investigating further.
9. Mrs X has not made a complaint to the Council about inaccuracies in the occupational therapy assessment. I will therefore not investigate as the Council has not yet had the opportunity to investigate and reply.
10. Mrs X also says she would like the Council to provide her with disability aids. The Occupational Therapy assessment advises Mrs X to contact the Council and ask for a review if her needs change. It would be reasonable for Mrs X to contact the Council and ask it to consider providing the equipment she would like.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating, and it would be reasonable for Mrs X to ask the Council to review her needs for aids and equipment.

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Investigator's decision on behalf of the Ombudsman