Summary: We will not investigate Mr X’s complaint about the outcome of the occupational therapy assessment affecting his application for a Disabled Facilities Grant. This is because there is insufficient evidence of fault to warrant investigation.

The complaint

1. Mr X complained about the outcome of his child’s occupational therapy (OT) assessment following his request for a Disabled Facilities Grant (DFG). Mr X also complained about delays in the Council’s communication.
2. Mr X complained the Council have caused significant emotional distress for his family.

The Ombudsman’s role and powers

3. 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)
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In early 2024, Mr X asked the Council for a DFG to install a bath for his child due to their sensory processing needs.
8. The Council assessed their needs through an OT assessment which decided there was no clinical justification for a bath. The evidence provided shows the Council considered relevant information, including information Mr X provided it. On the information at hand, there is no sign of fault in the Council’s approach, and it is not our role to question the merits of the Council’s decision where there is no sign of fault in the way the decision was reached.
9. In mid-2024 Mr X complained about the decision and said there were significant delays in the process. The Council replied and gave him an explanation as to why they did not make a referral for a DFG. Although the Council did not make a referral for an OT assessment, which is their usual process, this did not result in a delay in the Council’s decision and the time between an application and decision was in line with statutory guidance.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we would find fault in the way the Council reached its decision.

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Investigator's decision on behalf of the Ombudsman