Summary: Mr X complained about the Council’s response to his request for a Disabled Facilities Grant to fund improvements to his property. We have found no fault by the Council in dealing with the matter. So we have completed our investigation.

The complaint

1. Mr X complains about the way the Council has responded to his request for a Disabled Facilities Grant (DFG) to carry out works to his home to aid his mobility. Mr X says the Council agreed to the works. But has unreasonably asked him to provide quotes for the proposed works and have a care act assessment of his needs leading to delays causing distress.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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)

Back to top

How I considered this complaint

4. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Disabled Facilities Grants

6. Under the Housing Grants, Construction and Regeneration Act 1996, councils can award Disabled Facilities Grants to people whose disability means their home needs adaptation. If the person applying meets the qualifying criteria the council must award the grant. Councils only approve grants for work they decide is necessary. An occupational therapist (OT) usually assesses need.

The Council’s Private Sector Housing Assistance Policy

7. The policy sets out the Council’s provision for assisting private sector housing renewal. Under the policy it provides support to older disabled individuals and their carers to help them remain living independently and safely within their own homes. This can be through a grant such as a DFG when works are recommended by an occupational therapist or a trusted assessor.
8. The Council also offers a Customer Adaptations Budget (CAB) which is a direct payment DFG. This offers greater customer choice and control over the adaptation process for those who wish to organise the works. Customers are asked to provide a detailed quote of the works for the Council to authorise. On completion the Council will check the work to ensure they are in line with the OT recommendations and payment is made to the customer to cover the cost of the works.

What happened in this case

9. What follows is a summary of key events. It does not contain all the information I reviewed during my investigation.
10. Mr X asked the Council to fund some works at his property which he owned. The Council considered Mr X’s request under the DFG process as a CAB.
11. The Council agreed to make a one-off payment to Mr X for some of the works but said he needed to provide a quote for the works agreed. If Mr X considered he needed more work doing the Council needed to visit and assess his needs. Mr X also needed to provide evidence of any benefits received as DFG funding was subject to a financial test of resources.
12. Mr X responded asking for more support under the CAB and providing medical evidence he said supported his need for works. Mr X questioned the need to provide quotes and proof of receiving benefits. Mr X also declined a home assessment visit. The Council confirmed its position requiring Mr X to provide quotes of the works to be carried out to move forward with the CAB under the DFG. Otherwise, it needed to visit his property to assess him, and the works required if he considered he needed more support according to its process.
13. Mr X continued to object to the Council’s requirements and asked the Council to pay him the money it had quoted. The Council dealt with Mr X’s contacts as a formal complaint. The Council’s response confirmed:
• Its offer of a one-off payment to cover certain works at his property subject to receiving quotes for the works.
• Mr X may be able to receive more financial support for works but the Council would need to come and assess what would be relevant and appropriate work. If agreed Mr X would need to provide further quotations.
• Its Private Sector Housing Assistance Policy required customers to provide a detailed quote for the works.
• The Council could only consider any medical conditions or proof required by a trained assessor carrying out an assessment on an applicant. The Council asked Mr X to confirm he was willing for an assessment by an OT in order to progress the provision of a DFG.
14. Mr X agreed to an OT assessment at his home. The Council attempted to carry out the assessment and agreed to a virtual assessment through a video call as it was Mr X’s preference. Mr X did not attend the scheduled video call. The Council arranged another virtual assessment. It reported the assessor found it difficult to carry out the assessment due to the involvement of a member of Mr X’s family on the call. The assessors could not gain adequate knowledge of Mr X’s medical information or adequate visibility of the property to make informed decisions. So, the report concluded Mr X had no outstanding needs.
15. The Council told Mr X there would be no further actions to meet his request for repairs or works. And so no further actions on his request for a Disabled Facilities Grant.

My assessment

16. The documents provided show the Council responded to Mr X’s request for support through a DFG by offering a payment for some works through its CAB. This required Mr X to provide quotes for the works for the Council to approve. This is according to the Council’s Private Sector Housing Assistance Policy. While Mr X did not consider it necessary to provide the quotes the Council’s policy requires that customers provide this information. The Council has a duty to protect the public purse and to satisfy itself about the works to be carried out. There is therefore no fault by the Council when asking Mr X to provide a quote for works he wished to carry out and be funded by the Council.
17. In response to Mr X’s request for further works at his property the Council confirmed it required Mr X to have an OT assessment of his needs in order to progress a DFG. This would confirm the works were relevant and appropriate for Mr X’s needs. The assessment is also a requirement of the Council providing a DFG. Again, the Council has duty to account for its expenditure and assess the works are necessary. There is therefore no fault by the Council in requiring Mr X to undertake an assessment of his needs.
18. It is unfortunate the Council was unable to obtain sufficient information about Mr X’s needs during the assessment. But I cannot say it was due to any fault by the Council.

Back to top

Decision

19. I find no fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman