Summary: We will not investigate Ms X’s complaint about the Council’s refusal to complete home adaptation works to her property. This is because we cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complains the Council had refused to carry out improvement works to her property to enable her to return home. She says this has affected her mental health and physical health. She wants the Council to complete the works on her property so she can return home.

Back to top

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:
• further investigation would not lead to a different outcome, or

• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X owns a property in the Council’s area. In 2021, she lived in the property and contacted the Council for support with home adaptations. The Council completed a care needs assessment which identified her property needed adaptations. Ms X applied for a Disabled Facilities Grant to meet the costs of the required works.
6. In late 2022, Ms X signed a tenancy for a property in a neighbouring council area, council B. She has since moved into this property and this is currently her main residence. With Ms X’s consent, the Council referred Ms X for support from council B’s adult social care services and told her it would no longer be involved in her care.
7. To be eligible for a Disabled Facilities Grant, a person must be living in a property withing the council’s area and intend to live in the property for the duration of the grant period (usually five years).
8. We should not investigate this complaint. Ms X does not currently live in her property or in the Council’s area. The Council is not responsible for meeting her care needs, this responsibility lies with council B. Because of this, we could not achieve her desired outcome as we could not require the Council to approve a Disabled Facilities Grant or complete adaptation works to her property.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because we cannot achieve the outcome she wants.

Back to top

Investigator's decision on behalf of the Ombudsman