The Ombudsman's final decision
Summary: We will not investigate this complaint about delays in the Council deciding Mr X’s disabled facilities grant application. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains about delays in the Council deciding his disabled facilities grant application.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for a disabled facilities grant (DFG) in January 2021.
To progress the application, the Council needed a paediatric occupational therapist (OT) to complete an assessment of Mr X’s child. The paediatric OT service is part of the National Health Service (NHS) and the Council is not responsible for this service.
The paediatric OT service declined the referral in April 2021. The Council re-referred in July 2021 as it considered an assessment by the professional body was necessary to progress Mr X’s DFG application.
Mr X made the Council aware in October 2021 the OT service had still not completed the assessment of need. The Council was advised by the OT service there was a long wait list, and all assessments were prioritised based on clinical need. The Council paid the NHS for additional staff to expedite an assessment for Mr X’s child. The assessment was completed end of October 2021.
The Council could not consider the DFG application until it received this assessment of need from the paediatric OT. The evidence shows the delays are due to the OT service not being able to complete its assessment any earlier.
Therefore, I will not investigate as there is insufficient evidence of fault to justify an investigation. This is because the evidence shows the delay was likely due to matters outside of the Council’s control.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman