Rushcliffe Borough Council (22 005 576)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 06 Sep 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council failed to process Ms X’s Disabled Facilities Grant. That is because there is not enough evidence of fault to justify our involvement.
The complaint
- Ms X complained the Council had failed to process her request for a Disabled Facilities Grant (DFG). She said she asked for this at the end of 2021. She wants the Council to award the DFG so she can make alterations to her property.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Before approving a grant, a council must be satisfied the work is necessary, meets the disabled person’s needs, and is reasonable and practicable.
- The County Council is responsible for deciding whether the DFG is necessary. It does this through an Occupational Therapist (OT) assessment.
- The Borough Council (the Council), after receiving a referral from the OT, is responsible for deciding on the technical work needed to the property. It also makes the final grant approval.
- In the Council’s response to Ms X’s complaint, it explained that it had not received an OT referral from the County Council stating a DFG was necessary. Therefore, it had not proceeded with her application. Although Ms X is unhappy with that decision, there is not enough evidence of fault in how it was made to justify our further involvement.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman