Summary: We will not investigate this complaint about the Council’s decision not to waive a land charge for a Disabled Facilities Grant. This is because the Council has offered to review its decision if the complainant provides additional information. In addition, there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council should waive a £10,000 land charge for a Disabled Facilities Grant (DFG) so she can move to a property which would be more suitable for the whole family.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I read the complaint and got some information from the Council. This includes the complaint response, a letter to Mrs X’s solicitor, medical reports and the DFG application. I considered comments Mrs X made in reply to a draft of this decision.

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What I found

Disabled Facilities Grant

6. The conditions say the Council can demand repayment of up to £10,000 if someone sells a house within 10 years of having a DFG. The Council secures this payment by placing a land charge on the property. Councils can exercise discretion and reduce or waive the land charge.

What happened

7. Mrs X’s daughter (Miss B) has complex medical needs. The Council awarded a DFG for £30,000 in 2015 to make the house suitable for Miss B.
8. Mrs X wants to move to improve the well-being and mental health of the whole family. Another daughter has to share a room with Miss B which is difficult for both children. Mrs X has accepted an offer on her house and found another property to buy. Mrs X asked the Council to reduce or waive the land charge. She says she cannot afford to move unless the Council waives the charge.
9. In response the Council explained it had decided not to waive or reduce the charge. It said Mrs X knew about the land charge in 2015 when she accepted the DFG. It also said that the Occupational Therapist (OT) had confirmed that the property remains suitable for the family’s needs.
10. Mrs X’s solicitor wrote to the Council a few days before the Council issued its response to Mrs X. In its reply to the solicitor the Council repeated what it had said to Mrs X. It also explained that the OT had pointed out the sister could use one of the other bedrooms. The Council noted that Mrs X had offered to pay £5000 but that she had not provided any evidence that payment of the while amount would cause financial hardship. The Council said it would reconsider its decision about the land charge if Mrs X provided some financial information. The Council listed the information it needed Mrs X to supply. The Council said that when it received this evidence it would also ask the OT for more comments.
11. In response to a draft of this decision Mrs X said she had sent all the information the Council had asked for. I raised this with the Council. The Council checked with three officers and said that since writing to Mrs X’s solicitor it had not received any further information. It is still waiting to receive the information so it can consider Mrs X’s request further. Mrs X also said that the OT has no role to play because she needs to move to support the family’s mental health.

Assessment

12. I will not start an investigation because the Council has offered to review its decision if Mrs X provides the information about her finances. The Council will then reconsider if repaying £10,000 would cause financial hardship and seek a further view from the OT. There is no need for me to start an investigation when the Council is still willing to consider the matter and the evidence it has requested is relevant to Mrs X’s request. It is appropriate to seek the views of the OT because the suitability of the accommodation was relevant to the decision to award a DFG and is relevant to the on-going suitability of the accommodation. The Council has to consider all the issues and not only Mrs X’s points about mental health. In addition, the Council has confirmed it is still waiting to receive the information from Mrs X or her solicitor.
13. I also will not start an investigation because there is insufficient evidence of fault by the Council and because it is not our role to decide if the charge should be waived or reduced. The Council has considered all the relevant issues in relation to whether it should exercise discretion and waive the charge. It has done a thorough assessment and will reconsider Mrs X’s request once further information is received. There is no suggestion of fault in the way the Council has considered the issue. Its current view is that it will not reduce the charge and this is a decision it is entitled to make. We do not act as an appeal body and we have no power to tell the Council it must reduce charge. We can only consider if there is fault in the way a council considers an issue; but we do not comment on the outcome of that consideration. As there is no suggestion of fault in the way the Council has considered Mrs X’s request there is no reason for me to keep the complaint open, as Mrs X has requested, until the Council makes a further decision.

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Final decision

14. I will not start an investigation because the Council will review its decision if Mrs X provides the information it has requested. In addition, there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman