Summary: We will not investigate this complaint about the Council’s decision on the Complainant’s disabled facilities grant application. There is insufficient evidence of fault.

The complaint

1. Mrs X complained the Council has failed to properly consider her application for a disabled facilities grant (DFG) so her mother, Mrs Y, could move in with her and receive care.
2. She says this has left her mum unable to move in and in a stressful situation.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants.

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

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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. Mrs Y needs care and would like to receive this at home. Mrs X offered for her mother to move in with her family and to provide this care. The family occupy all the upstairs bedrooms and Mrs Y cannot manage stairs. Therefore, Mrs X contacted the Council and asked for it to pay for an extension to provide a downstairs room and bathroom.
7. The Council carried out an assessment and decided the space was suitable for a stairlift. Mrs Y was not available when the Council carried out the first assessment, so it did a second assessment later. The Council again decided the property had enough space for a stairlift and that Mrs Y could be expected to use this.
8. Mrs X complains about the Council’s decision and breach of her children’s data during its investigation of her complaint. She says it first agreed to an extension and feels it should be held to this decision as a stairlift is not accessible for her mother or suitable given the rooms are occupied.
9. The Council explored a range of choices to address Mrs Y’s needs to access bedrooms and the bathroom, including an extension. The Council carried out assessments of Mrs Y from experts including an occupational therapist. The Council considered whether a stairlift could fit in the property and whether Mrs Y could access a stairlift to allow her access to the facilities.
10. We will not investigate Mrs X’s complaint as we are not likely to find fault with the way the Council made its decision. It has obtained evidence before making its decision. The Council is allowed to decide what option it considers suitable and reasonable to meet the applicant’s needs. I appreciate that Mrs X is unhappy with this choice as the rooms are occupied but this does not mean there is fault in the Council’s assessment.

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Final decision

11. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman