The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the outcome of an occupational therapy assessment and the Council’s refusal to agree a disabled facilities grant for major adaptations. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains about the outcome of an occupational therapy assessment and that the Council has refused to agree to his request for a disabled facilities grant for major adaptations. He wants the Council to agree to his request for adaptations to create a downstairs bedroom and bathroom.
The Ombudsman’s role and powers
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)) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to give grants to disabled people for certain adaptations. Before approving a grant, a council must be satisfied the work is necessary, meets the disabled person’s needs, and is reasonable and practicable.
Mr X has been requesting the Council agree to major adaptations to his property for several years. In 2023, an Occupational Therapist (OT) completed an assessment of Mr X’s needs. The OT recommended a stairlift would meet his needs. Mr X disagrees with this outcome. Mr X wants the Council to agree to fund adaptations to his property to create a downstairs bedroom and bathroom. The Council will not agree to his request as it does not consider these adaptations are necessary to meet his needs.
We will not investigate this complaint as there is insufficient evidence of fault. We are not an appeal body and cannot intervene simple because a person disagrees with a Council’s decision. The Council has appropriately assessed Mr X’s needs and decided the adaptations Mr X requests are not necessary to meet his needs and so it will not agree to them. There is insufficient evidence of fault in how the Council has reached its decision to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman