Birmingham City Council (18 009 530)

Category : Adult care services > Disabled facilities grants

Decision : Upheld

Decision date : 05 Nov 2018

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Ms A’s complaint about the Council’s actions regarding the delay in completing works needed in her home. This is because the Council and Ms A have agreed a remedy for the delay so there is no unremedied injustice for the Ombudsman to investigate.

The complaint

  1. The complainant who I shall call Ms A says the Council failed to complete works arranged and agreed under a Disabled Facilities Grant (DFG). Ms A says the delay has caused additional stress and anxiety to her and her partner.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
  • it is unlikely we could add to any previous investigation by the Council, or
  • it is unlikely further investigation will lead to a different outcome, or
  • we cannot achieve the outcome someone wants.

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

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How I considered this complaint

  1. I considered the information and documentation Ms A and the Council provided. I sent Ms A a copy of my draft decision for comments

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What I found

  1. Ms A complained about the time it had taken the Council to properly complete necessary works to adapt her property to meet the needs of her partner.
  2. The Council has accepted there were faults in this case. It has apologised to Ms A, awarded her £5000 in compensation and agreed to complete works to her garden. I understand Ms A is satisfied with this remedy.

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Final decision

  1. The Ombudsman will not investigate this complaint. This is because the Council and Ms A have agreed a remedy for the delay so there is no unremedied injustice for the Ombudsman to investigate.

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Investigator's decision on behalf of the Ombudsman

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