The Ombudsman's final decision
Summary: We will not investigate this complaint the Council will not complete adaptations to a property. Further investigation would not lead to a different outcome.
The complaint
Mr and Mrs X complained the Council failed to complete adaptations to their home to make it accessible. They said because of this, Mr X had several falls resulting in injury. They said this has caused significant distress and affecting Mr X’s health and wellbeing. They want the Council to complete the necessary adaptations to the property.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has a progressive disease. In 2022, an Occupational Therapist (OT) assessment recommended adaptations to support him living at home. The Council agreed to fund the adaptations through a Disabled Facilities Grant (DFG). In its complaint response, it explained Mr X was eligible for full DFG grant, and an additional discretionary award. It said Mr X and Mrs X would also have to make a small contribution to the cost of works.
The Council said it spent the next few months designing the needed extension and seeking relevant planning permissions. When it next contacted Mr and Mrs X, in Autumn 2023, it said the amount they would need to contribute to the planned works had risen significantly. It explained that was due to inflation resulting in building costs rising.
As Mr and Mrs X could not afford the increased cost, the Council consulted with the County Council for a further Occupational Therapists assessment. However, that assessment did not find an alternative solution to Mr X’s needs.
Mr and Mrs X complained to the Council at the start of 2024. In its response the Council said it could not complete the adaptations as there was not enough funding in place. It suggested alternative ways Mr and Mrs X could raise additional money to meet the shortfall between the cost of work and the awarded grant.
We will not investigate how the Council progressed the DFG application between 2022 and 2023 and its lack of communication with Mr and Mrs X. That is because any complaints about this are late and there is no good reason to exercise discretion to consider them now.
We will also not investigate the Council’s decision not to progress the adaptations as set out in its 2024 complaint response. The Council has agreed the full DFG amount and an additional discretionary payment. It has also liaised with the County Council to explore alternative options. Unfortunately, the costs of works far exceeds the funding available. We cannot force the Council to make up that shortfall. Further investigation by the Ombudsman will not lead to a different outcome.
Final decision
We will not investigate Mr and Mrs X’s complaint because further investigation will not lad to a different outcome.
Investigator's decision on behalf of the Ombudsman