Summary: We will not investigate Miss X’s complaint about the Council’s decision regarding a Disabled Facilities Grant and its handling of the matter. There is not enough evidence of fault by the Council to justify investigating.

The complaint

1. Miss X complains the Council:

• failed to properly consider her child, Y’s needs in its decision to refuse requested changes to her home using the Disabled Facilities Grant (DFG);
• failed to respond to her in a timely manner, and;
• made discriminatory remarks against Y.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Miss X complains the Council’s assessment of Y’s needs is flawed as it does not provide a solution which meets Y’s personal care needs and development.
7. I will not investigate this complaint. The Council’s published policy on DFG says it must be happy the work is necessary, reasonable and can be done. The Council said a paediatric occupational therapist assessed Y’s needs and said a bathroom extension or outhouse conversion was not necessary. Further, it could not complete building work due to the structure of Miss X’s property and within the maximum budget available through a DFG. I appreciate Miss X remains unhappy, but I am satisfied the Council acted in line with its policy. There is not enough evidence of fault in the Council’s decision making.
8. The Council suggested alternatives for Y’s personal care. Miss X is unhappy with these suggestions and considers them discriminatory. I have not seen any evidence which suggests the Council has treated Y less favourably than a non-disabled person. There is not enough evidence of fault to justify an investigation.
9. I will not investigate Miss X’s complaint about the Council’s communication and its handling of the matter. It would not be good use of public resources to investigate these matters in isolation.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to justify investigating.

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Investigator's decision on behalf of the Ombudsman