Summary: We will not investigate this complaint about an assessment by the Council’s adult social care department for adaptations to a property. This is because there is not enough evidence of fault by the Council in the way it made its decision. So, we cannot challenge the decision even though the complainant disagrees with it.

The complaint

Ms B says the Council forced her to walk up steep stairs while in pain and filmed her which is disability discrimination. Ms B says the Council ignored evidence from other professionals and refused a new, safe access to her property despite the opinions of other professionals. Ms B feels unsafe in her own home and says she needs the new entrance.

Back to top

The Ombudsman’s role and powers

1. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

2. 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. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence.
7. The Council considered the relevant law and guidance on disabled facilities grants. The Council met with Ms B at her property and witnessed her accessing the stairs. The Council considered evidence Ms B provided. The Council has decided the sought adaptations are not appropriate and reasonable because other proportionate adaptations exist that should be tried first. The Council has offered other adaptations. I understand Ms B disagrees and is concerned by the safety of the access to her property. However, this is not evidence of fault in the Council’s decision or the way it has investigated.
8. Ms B says the Council breached the Equality Act when it asked her to climb stairs despite her disability. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether an organisation has properly taken account of an individual’s rights in its treatment of them.
9. Organisations can often show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.
10. Asking to see Ms B navigate the stairs is part of the assessment process given this is what she says she is struggling with and needs changed. The Council explains Ms B could have refused, but it has apologised for the distress this caused to Ms B. The Council also says Ms B agreed to be filmed, but since she has raised her concern, it has fully deleted the recording. This is appropriate action in response to Ms B’s challenge.

Back to top

Final decision

11. We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. We cannot question or criticise the Council’s decision even though Ms B strongly disagrees with it because the Council has followed the right process to reach its decision. An Ombudsman investigation would not achieve a different outcome for Ms B.

Back to top

Investigator's decision on behalf of the Ombudsman