Summary: We will not investigate this complaint about the Council’s management of Mrs X’s requested adaptations. This is because an investigation would be unlikely to lead to finding fault with the Council’s actions.

The complaint

1. Mrs X complained the Council failed to communicate about the disabled facilities grant she applied for and delayed the process unnecessarily.

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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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained to the Council after she was assessed as requiring a level access shower, but the Council would not agree to fund the adaptations. She also complained the Council delayed responding to her application.
6. The Council did not uphold Mrs X’s complaint. It informed her its policy meant it did not usually install level access showers on first floors. The Council considered Mrs X’s application at a tenants meeting and panel but maintained its decision. The Council told Mrs X it could offer her alternative living arrangements more suited to her requirements, but she was unhappy with this.
7. Mrs X wants us to find the Council at fault. The evidence shows the Council made its decision according to its policy. There is no evidence of fault in the way it made this decision. The Ombudsman cannot question the merits of a council’s decision if it made the decision in line with the correct process. There is also no evidence of significant delay in the Council's decision making. An investigation would therefore be unlikely to find fault with the Council’s actions.

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Final decision

8. We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman