Summary: We will not investigate this complaint about the Council’s response to Ms X’s request for help with adaptations and repairs to her bathroom via a disabled facilities grant. The Council is not responsible for dealing with applications for disabled facilities grants or housing repairs, which are matters for the local district council to decide. There is not enough evidence of fault on the Council’s part to warrant investigation.

The complaint

1. Ms X said the Council had fettered its discretion in the way it dealt with her request for adaptations and repairs to her bathroom to make it more suitable for her disabled daughter’s needs.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In areas like Lincolnshire, where there are two tiers of local government, district councils deal with applications for disabled facilities grants (DFGs). The same is true of housing repairs in social housing. County councils are normally only involved via their children’s services departments in co-operating with district councils and in arranging assessments by occupational therapists (OTs) once the district council has accepted an application.
6. Adaptations and repairs to Ms X’s bathroom to make it easier for her daughter to use are for the local district council to decide if and when it receives an application from Ms X. That council would have a duty to accept and determine the application. Lincolnshire County Council has offered to refer Ms X’s application for a DFG on to the local district council. It cannot arrange an OT assessment until the district council asks it to do so following acceptance of a DFG application. Once requested to do so, it would then have a duty to carry out the assessment.

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Final decision

7. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman