Summary: We will not investigate Mr X’s complaint about the Council’s assessment of his needs and refusal to build a ground floor extension to his property. There is not enough of evidence of fault by the Council to warrant investigation by us.

The complaint

1. Mr X said the Council wrongly refused to build a ground floor extension to his property to meet his care needs.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Where the Council has acted without fault in reaching a decision, we will not take another view about the decision reached. In this case, I have seen the assessments carried out by the Council in reaching its view. The Council found there was room to fit a stairlift to assist Mr X in going upstairs and the bathroom could be converted to provide a level shower access. While a family member takes a different view and will not accept the proposed adaptations, that is not evidence of fault by the Council.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman