The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council refusing a Disabled Facilities Grant to convert a garage into a bedroom for his disabled son, Mr Y. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X says his son has complex needs and needs a bedroom downstairs for safety. He wants to convert the garage to meet this need, but the Council suggests using the front room or dividing the other living room.
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)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council agrees that Mr Y needs a ground floor bedroom. It proposed turning the front room into a bedroom. Mr X objects. Mr X’s mother used that room before she passed away, so it has emotional meaning. The family also uses it as a prayer room and raised other concerns about privacy and safety.
The Council suggested home safety measures to address privacy and safety concerns. It also proposed using another room for prayer. As another option, it suggested dividing the other living room into two. Mr X disagrees. He says this would make the space too small for his other children.
Disabled Facilities Grants (DFG) aim to make existing spaces safer for disabled people. The Council must choose the most affordable way to carry out the changes.
I will not investigate Mr X’s complaint. There is not enough evidence of fault to justify our involvement. The Council assessed the DFG application using the correct procedure. We cannot question the merits of a decision when it is not affected by fault.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman