The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council not providing laminate flooring. This is because there is not enough evidence of fault.
The complaint
Mr X complains that the Council refused to fit laminate flooring in his home. He says he needs this due to his disability.
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
Mr X asked the Council to fit laminate flooring in his home. He said that he is at increased risk of developing health complications due to loss of feeling in his feet. The Council said it could not fund the flooring unless it had evidence it was a disability need. The Council signposted charities who might assist with the cost of flooring.
Mr X provided a podiatrist report to support his request which said the cement floor was contributing to his cracked feet. It said Mr X would benefit from a proper flooring but also stated that he had been advised to wear footwear.
I will not investigate this complaint. We look at the process a Council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision not to fund the flooring.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman