The Ombudsman's final decision
Summary: We will not investigate this complaint about the outcome of a means test for a Disabled Facilities Grant. There is not enough evidence of fault to justify our involvement.
The complaint
Miss X complained about the Council’s decision she was not financially eligible for a Disabled Facilities Grant (DFG). She said the decision discriminated against her as she worked. She wants the Council to install a wet room in her property.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A Disabled Facilities Grant is a means tested grant to help meet the costs of adaptations to a property for a disabled occupant. The means test is designed to ensure that DFG funding is awarded to those on the lowest incomes and least able to afford adaptations. Where the amount of assessed contribution exceeds the costs of the works, the person will not receive the grant.
The Council assessed Miss X as needing bathroom adaptions. It completed a preliminary means test. The outcome indicated the amount that Miss X would need to contribute exceeded the cost of the required work. The Council told Miss X because of that she would not receive the DFG.
Although Miss X is unhappy with the Council’s decision, we will not investigate. The Council used financial information provided by Miss X to complete the means test; it double checked the information provided and completed a further assessment. There is nothing to suggest the Council has completed the assessment incorrectly. There is not enough evidence of fault to justify our involvement.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman