Summary: The complainant is concerned about the Council’s decision to refuse her application for a Disabled Facilities Grant. The Ombudsman is discontinuing his investigation because the Council has arranged for the complainant to pursue its appeal process. Once this is completed, and if the complainant remains dissatisfied, she can resubmit the complaint to the Ombudsman.

The complaint

1. The complainant, who I refer to as Ms X, complains that the Council has refused her application for a Disabled Facilities Grant (DFG). Ms X looks after her two children and two grandchildren. She complains that the accommodation is too small to meet their needs. She therefore applied for a DFG to build an extension and to improve the safety of the driveway.

Back to top

The Ombudsman’s role and powers

2. We can decide to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24(A) and 34B(8), as amended)

Back to top

How I considered this complaint

3. I have spoken to Ms X on the telephone and the Council has provided information in response to my enquiries.

Back to top

What I found

4. Disabled Facilities Grants are provided under the terms of the Housing, Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to provide grant aid to disabled people for certain adaptations. Before approving a grant, a council must be satisfied that the work is necessary and suitable to meet the disabled person’s needs and also reasonable and practicable.
5. A council should give a decision on a grant within six months of the grant application.
6. The non-statutory guidance stresses the importance of close links between housing and social care authorities. There should be joint protocols and agreements to ensure an effective service.
7. There were discussions about Ms X’s request for a DFG for a hard-standing driveway back in late 2017. I am not clear when Ms X submitted a formal application for this or for an extension. But, in April 2019, the Council arranged various visits to inspect the property.
8. In July 2019, the Council told Ms X her requests had been refused. She says that she was not signposted, at this stage, to the Council’s DFG appeal process, although the Council says that she was told of this process earlier. Subsequently Ms X says that the Council told her that she had been given inaccurate information about the appeal process.
9. This is not a matter which I am considering at this stage. This is because the Council has agreed to allow Ms X to appeal at the second stage of its DFG appeal process. I consider that it is appropriate for Ms X to now do this and I understand that the Council is making the necessary arrangements.
10. The Council’s DFG appeal process does not give set times for each stage of its appeal process. But, given that Ms X has been requesting a DFG for some time, and she is finding it hard to care for all four children in the accommodation, I consider the Council’s appeal process should be completed within six weeks from the date of our final decision.
11. The Council should also tell Ms X the specific documents, which it is considering, as part of the appeal.

Agreed action

12. The Council has agreed to consider Ms X’s appeal about the DFG refusal, and to complete this within six weeks after the date of our final decision.
13. I consider that this is an appropriate way forward at this stage. As I am discontinuing this investigation, I am making no findings about the Council’s actions to date.

Back to top

Final decision

14. I am now discontinuing my investigation. Once Ms X has completed the appeal process and, if she remains dissatisfied, she can resubmit the complaint to the Ombudsman.

Back to top

Investigator's decision on behalf of the Ombudsman