Summary: We will not investigate this complaint about the Council’s delay in processing Mrs X’s disabled facilities grant. This is because the complaint is late. We will not investigate Mrs X’s complaint regarding the Council’s policy regarding disabled facilities grant because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained the Council delayed processing a disabled facilities grant (DFG). She also complained about the Council’s policy regarding funding for the DFG.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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My assessment

7. Mrs X complained the Council delayed her application for a DFG, which she made in 2019. She said the Council agreed to a certain amount of funding but later retracted this offer after it brought in a new policy. She said the Council should provide the contribution it originally offered in 2019.
8. The Council did not uphold Mrs X’s complaint. It said it could only provide £30,000 and any additional expenses needed for the adaptations may be funded separately. The Council could not agree to additional funding as this was only available on a discretionary basis.
9. Mrs X is unhappy the Council has delayed the DFG and will not honour the original agreement regarding funding. The Ombudsman will not exercise discretion to investigate complaints that took place more than 12 months before they became aware of them. It would have been reasonable for Mrs X to bring this complaint to us sooner; this complaint is late. There is no good reason to exercise discretion to investigate.
10. Mrs X wants us to find the Council at fault for making her subject to its policy regarding DFG funding. The evidence shows the Council has clearly explained why it cannot provide the funding Mrs X has requested. There is no evidence of fault in its interpretation of its policy. An investigation would therefore be unlikely to result in finding fault with the Council’s actions.

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Final decision

11. We will not investigate Mrs X’s complaint because the complaint is late. We will not investigate Mrs X’s further complaint as we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman