Summary: We will not investigate this complaint about the Council’s alleged failure to repair damages to Miss X’s home following adaptations it carried out. This is because we would be unlikely to provide Miss X with a worthwhile outcome.

The complaint

1. Miss X complained Council contractors caused damage to the front wall of her home when carrying out some adaptations. She said the Council failed to address the issue for months and refused to compensate her for arranging to have it fixed privately.
2. Miss X said the Council has been put to stress and financial loss due to the Council’s actions.

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The Ombudsman’s role and powers

3. 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:

• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

6. In August 2021, the Council received an occupational therapist referral for Miss X to receive a level access shower via a disabled facilities grant (DFG). The Council approved the DFG and carried out the works needed in 11 April 2022.
7. In July 22, Miss X complained to the Council that contractors had caused damaged to her front wall. The council replied a week later saying the issue was unlikely to have been caused by the contractors but it offered to make good the brickwork anyway.
8. The Council says Miss X declined the Council’s offer and opted to carry out the work herself.
9. Miss X wants us to find the Council at fault for failing to fix the gate and not compensating her for the work she decided to carry out privately. The Council has provided evidence showing it offered to address the damage shortly after Miss X complained but Miss X chose to fix the damage independently of the Council. The Council is therefore no longer obliged to investigate or address this matter. The Council has acted reasonably and in line with what we would expect. Further investigation into this matter would be unlikely to result in a worthwhile outcome for Miss X.

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Final decision

10. We will not investigate Miss X’s complaint because we would be unlikely to provide a worthwhile outcome for her.

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Investigator's decision on behalf of the Ombudsman