Summary: We will not investigate this complaint about the Council’s decision not to progress a disabled facilities grant application. There is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Miss X complained the Council decided not to progress her application for a disabled facilities grant (DFG) and believed this was unfair.
2. Miss X said this has negatively impacted her mental health.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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

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. Miss X approached the Council and sought an adaptation to her property and support with her garden. Miss X made this request to make the property and garden more accessible for her child.
8. The Council carried out an occupational health assessment and had a surveyor visit the property before putting the proposals before a panel. These included how Miss X’s requirements could be met as an alternative to her request.
9. The Panel refused both of Miss X’s requests and provided its reasoning for this. When Miss X raised a complaint, the Council had a senior occupational therapist review the decisions who upheld the decisions.
10. Based on the information available, it appears the Council made all relevant considerations and has acted in line with national DFG guidance in making its decisions.
11. The Ombudsman is not an appeals body and therefore we can only look at how the Council reached their decision. It is not for us to decide whether the DFG application should be progressed. Because there is not enough evidence of fault in how the Council reached it decision, we will not investigate.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman