West Lancashire District Council (04C12312)

Managing tenancies & Children and family services

Maladministration causing injustice

9 June 2005

‘Mr Smith’ was a council tenant. He complained about the installation of a bath to meet the needs of his severely disabled son, ‘Peter’. Sadly, Peter Smith died shortly after his father made his complaint to the Ombudsman, but Mr Smith indicated that he wished the investigation to proceed to its conclusion.

The Ombudsman found that arrangements to install the facilities were flawed by delay, poor communication between the Council and an occupational therapist, and a failure to follow the Council’s own guidance. These failures were maladministration causing injustice, and the effects combined to delay the completion of a satisfactory adaptation to only a few months short of the point when Peter was no longer able to benefit from it.

To remedy the injustice, the Council agreed to review its procedures, to apologise to Mr Smith and pay him £250 in recognition of his time and trouble in pursuing the complaint.

Date Published: 19/08/09