Summary: We will not investigate Mr X’s complaint about the Council’s refusal to proceed with proposed works to install central heating in his home. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council has refused to proceed with works to install central heating in his home, despite approving a Disabled Facilities Grant. He says insufficient heating in his home has caused him poor health and financial loss. He wants the Council to provide the grant and arrange for central heating to be installed in his home.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as social landlords. (Local Government Act 1974, sections 25 and 34(1), as amended)
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 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

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

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My assessment

6. Disabled Facilities Grants are grants awarded by councils to disabled people who need adaptations to help them remain in their home.
7. Mr X is a tenant in a property owned and managed by a registered social landlord. The Council confirmed Mr X was eligible for a Disabled Facilities Grant to improve the heating system in his home in January 2022. It told him in order to proceed with the works, the Council would need approval from his landlord. It also told him who to contact should he wish to consider re-housing.
8. Mr X’s landlord considered the request. It initially agreed to allow the works to proceed, but in February 2023 it changed its position and told Mr X and the Council that it no longer agreed to the proposed works. It told Mr X the reasons for its decision and set out its proposed actions for improving the heating and insulation in the property.
9. The Council wrote to Mr X to tell him that as the landlord was no longer providing consent, it could not proceed with the works. It said it would cancel the Disabled Facilities Grant.
10. The Council cannot proceed with proposed works funded by a Disabled Facilities Grant without the landlord’s consent. The landlord told the Council it did not consent to the works going ahead and so there is insufficient evidence of fault in the Council’s decision that it could not proceed. The decision to no longer give consent was Mr X’s landlords and not the Council’s.
11. If Mr X is unhappy with his landlord’s decision, it is open to him to complain to them. If he is unhappy with the response, he can seek further advice from the Housing Ombudsman. We cannot consider complaints about social landlords, this is the remit of the Housing Ombudsman.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman