Summary: We will not investigate Mrs X’s complaint that works carried out to her bathroom under the disabled facilities grant scheme were of a poor standard. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complained the works carried out by a building contractor to her bathroom under the disabled facilities grant (DFG) scheme were of a poor standard. She wants the work re-doing at a substantial discount and a financial payment for the distress she says she was caused.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X made 17 complaints to the Council about various matters she was unhappy with about in relation to work carried out to her bathroom under the DFG scheme.
6. The Council investigated and upheld one complaint relating to the failure of a Council officer to seek permission before entering Mrs X’s property. It did not uphold the other complaints relating to the DFG works. The Council said it had to base its findings on photographs and videos submitted by the contractor because Mrs X refused Council officers permission to enter her property to inspect the work.
7. The Council also informed Mrs X that by refusing to sign the satisfactory completion certificate and by not allowing officers to carry out an inspection, she was effectively withholding payment to the contractor. The Council said it understood she was also withholding payment for some private work the contractor had carried out. The Council advised Mrs X it would continue its application to apply a charge to her property under the terms of its agreement with her.
8. We will not investigate this complaint. The Council has ensured the necessary works have been carried out, responded appropriately to Mrs X’s complaints and advised her on the next steps. If Mrs X is unhappy with the quality of the work, she should grant the Council permission to carry out an inspection.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman