Summary: We will not investigate this complaint about the Council’s management of Mr X’s application for a disabled facilities grant. This is because most of the events complained about took place more than 12 months ago and it would have been reasonable for Mr X to refer them to us sooner. In addition, investigating the parts of the complaint that are within our jurisdiction would be unlikely to result in finding fault with the Council’s actions.

The complaint

1. Mr X complained about the council officer assigned to him when he originally applied for a disabled facilities grant as well as the Council’s decision not to approve quotes he submitted recently when he attempted to apply for the grant again.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A disabled facilities grant (DFG) enables applicants with qualifying disabilities to have adaptations to help them remain in their homes.
8. In 2018 Mr X applied for a DFG for adaptations to make his home more accessible for his child Y. The Council carried out an assessment in 2019 and agreed to complete adaptations for a ground floor bedroom and a level access shower. After it became clear that additional work not covered by the grant would be necessary to complete the work, the Council closed the application in October 2022 when it did not receive the paperwork it needed from Mr X to proceed.
9. In April 2023, Mr X applied for the grant again but provided information and quotes from the 2018 application. The Council would not progress the application as the original assessment was no longer valid.
10. Mr X complained to the Council about its decision. He also complained about the conduct of the council officer who dealt with his original application. The Council did not uphold Mr X’s complaint and Mr X opted to refer the matter to us.
11. The Ombudsman will not usually exercise discretion to investigate events that took place more than 12 months prior to the date the complainant brings the complaint to us unless there are good reasons to do so. In this case, the Council’s management of the original application, including the council officer’s actions took place several years ago. If Mr X were unhappy with the Council’s actions, it would have been reasonable to bring this to us at the time.
12. With regards to the Council’s recent actions, the Council has explained that the original assessments and quotes are no longer suitable due to the time that has passed since they were carried out. An investigation would be unlikely to find fault with this decision.

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Final decision

13. We will not investigate Mr X’s complaint because most of the events complained about took place more than 12 months ago and it would have been reasonable for Mr X to refer them to us sooner. In addition, investigating the parts of the complaint that are within our jurisdiction would be unlikely to result in finding fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman