Summary: Ms X complained that the Council failed to properly consider her request for adaptations to be made to her council property. We cannot investigate the Council’s actions as a registered social landlord. However, we found the Council was at fault for not considering a Disabled Facilities Grant (DFG). We recommended it apologised, supported Ms X to make a DFG application and then considered the application. We also recommended it corrected its policy.

The complaint

1. Ms X and her daughter live in a Council property. Both have disabilities. They currently share a bedroom and they are overcrowded.
2. Ms X complains that she requested a ground floor or loft extension to create an additional bedroom. The Council did not consider her request as a Disabled Facilities Grant, and it told her she needed to seek a move to larger property. Ms X complains that moving is not possible due to her daughter’s disability and the Council have not properly taken account their disabilities when considering their request. Ms X and her daughter remain in unsuitable housing as a result.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended).
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).

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What I have and have not investigated

7. In 2018 Ms X made a request to the Council, as her landlord, for a ground floor or loft extension. We will not investigate complaints about events that occurred over 12 months ago unless it would be unreasonable to expect a complaint to be brought sooner. In this case, there are no exceptional reasons why the complaint could not have been brought to us at the time the issues occurred. As a result, we will only consider Mrs X’s complaint from 2023.
8. In addition, we cannot consider actions the Council has taken, when acting as Ms X’s landlord. This is because the Ombudsman does not have any jurisdiction to consider the actions of registered social landlords. Such complaints can be made to the Housing Ombudsman.
9. We have considered the Council’s duty to consider Disabled Facilities Grants.

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How I considered this complaint

10. I spoke to Ms X and considered her complaint and the information she provided. I asked the Council to explain what consideration it had given to a Disabled Facilities Grant application and I took account of its response.
11. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Disabled Facilities Grant (DFG) delivery: Guidance for local authorities in England

12. Section 1.2 of the guidance states that Disabled Facilities Grants (DFGs) are capital grants that are available to people of all ages and in all housing tenures (i.e. whether renting privately, from a social landlord or council, or owner-occupiers) to contribute to the cost of adaptations.
13. Section 5.1 states that Local Housing Authorities have a duty to consider all formal DFG applications. Section 5.8 states some people will need support to submit an application and helping an applicant to navigate the process and to make an application is an essential part of delivering the service.

Council Housing Grants & Assistance Policy

14. The Council’s policy refers to Disabled Facilities Grants (DFGs) as well as other housing assistance it will offer. The policy states DFGs and other discretionary housing assistance outlined in its policy are available to people living in their own homes, including owner occupiers and people in rented accommodation (with permission from their landlords) but they are not applicable to people living in council housing.

What Happened

15. Ms X contacted the Council in late 2023 repeating previous requests she had made for the Council to extend her property at ground floor level, or via a loft extension.
16. Ms X shared a bedroom with her daughter and she was overcrowded. An officer spoke to Mrs X and followed up with a written response. The Council reiterated its previous response to her. It stated it would not agree to extend the property and it considered her needs could be met by bidding for a three-bedroom property to move to.
17. Ms X complained in October 2023. She stated she did not consider she had seen evidence that the Council properly considered her request at a panel. She did not think the Council understood why moving was a difficulty for her daughter. She stated her GP and Child and Adolescent Mental Health Team (CAMHS) both supported her view. Ms X noted that the family’s request for an extension was due to a disability.
18. The Council responded in early November. The Council included copies of its records showing how it decided not to make adaptations to Ms X’s property (as a landlord). It stated re-housing was the only option it would consider. With reference to the difficulties Ms X’s daughter would face with a move, the Council stated the panel considered she could cope with family support. The records did not include any reference to a DFG.
19. We asked the Council to send us any records or evidence that it considered a DFG application in Ms X’s case. The Council told us, because Ms X lived in a Council property, a DFG was not applicable and Council tenants did not apply for DFG funded works.

What should have happened

20. We have not investigated actions the Council took as a landlord to consider whether to adapt the property it rents to Ms X. Our focus is on the Council’s duty to consider Disabled Facilities Grants (DFGs).
21. Statutory guidance makes it clear that DFGs are available to anyone whether they are the owner occupier, private tenant or the tenant of a council or housing association. The Council’s policy and its comments to us stated that Disabled Facilities Grants are not applicable to Council tenants. The Council’s position goes against government guidance which makes it clear that Disabled Facilities Grants are applicable to council tenants. The Council’s policy is incorrect.
22. Ms X made it clear to the Council that the reasons she did not consider the family could move were related to her daughter’s disability. As a result, the Council should have invited Ms X to apply for a Disabled Facilities Grant, and it should have considered an application from her. The failure to consider a DFG grant in Ms X’s case was fault.
23. To remedy the complaint, we have recommended the Council apologises to Ms X. We also recommended the Council supports her to make a DFG application and considers any application when it is received. We also recommended the Council makes amendments to its policy to accurately reflect government guidance.

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Agreed action

24. Within four weeks of my final decision:
25. The Council should write to Ms X to apologise for not supporting her to make a DFG application and not considering a Disabled Facilities Grant (DFG) application from her as a result.
26. The Council should invite Ms X to make a Disabled Facilities Grant application and it should provide any reasonable assistance she requires to make an application. It should then consider the application against the criteria set out in the Housing Grants, Construction and Regeneration Act 1996 and write to Ms X to clearly explain the outcome.
27. The Council should amend its policy to accurately reflect government guidance regarding eligibility for Disabled Facilities Grants. It should also produce and distribute a briefing/training note for staff to make it clear that all Disabled Facility Grant applications must be considered against the criteria set out in the Housing Grants, Construction and Regeneration Act 1996.
28. The Council should provide us with evidence it has complied with the above actions.

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Final decision

29. There was fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman