London Borough of Croydon (23 004 361)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 06 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council failing to provide Mrs X with the home adaptations she was assessed as needing. This is because there is insufficient evidence of fault.
The complaint
- Mrs X complains the Council failed to provide her with the home adaptations the Council assessed her as needing in 2022.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In April 2022, the Council’s Occupational Therapist assessed Mrs X and recommended some adaptations. This included stair rails and a level access shower with galvanised rails to support safe access.
- The Council wrote to Mrs X in May 2022 to outline the agreed recommendations and advised Mrs X a disabled facilities grant was means tested and so Mrs X could be asked to contribute towards the cost of works or to fund it entirely. The Council asked Mrs X to sign and return the form to confirm she agreed with this.
- In June 2022, Mrs X sent the Council her completed preliminary financial assessment form. Following this, the Council told Mrs X based on the information she provided, she needed to make a financial contribution towards the cost of any adaption work required. Her contribution was calculated to be just over £15,000. If the works required cost more than this amount, then the excess would be covered by a disabled facilities grant.
- The Council explained it could not proceed with the works until it had agreement from Mrs X to pay for the works. The Council chased Mrs X for her agreement to pay for the recommended works in June 2022. The Council wrote to Mrs X in July 2022 confirming it had closed her case as it had not heard back from her.
- There is no evidence to show Mrs X challenged the Council’s financial assessment or that she contacted the Council to agree to pay for the recommended works. Therefore, an investigation is not justified as we are not likely to find fault with the Council’s actions as it could not proceed with the recommendation adaptations without agreement from Mrs X.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman