Summary: The Council’s delay of over 20 months sending a referral for adaptations to Mr and Mrs X’s bathroom was fault. This delayed Mr X getting the adaptations he needs to safely access the facilities in his home which is a significant injustice. The Council should apologise, pay £3,000, consider whether Mr X needs interim help and act to improve its services.

The complaint

1. Mr and Mrs X complain about the Council’s handling of two OT (occupational therapy) assessments for adaptations to their bathroom.
2. They say the Council failed to refer an assessment to the District Council in 2020. Following a second assessment in 2021, the Council told Mrs X it would mark the referral as urgent. Mrs X says it failed to do so.
3. Mr X needs adaptations to the bathroom to safely access the facilities, which he has been unable to do for over two years.

Back to top

The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

6. I spoke to Mrs X about the complaint and made written enquiries of the Council.
7. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
8. Mr and Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Background

9. Mr and Mrs X live in a “two-tier” local authority area. This means there is a County Council and a District Council. Some functions are the preserve of the County Council and others of the District Council.
10. The County Council is responsible for Social Care. Mr and Mrs X are tenants of the District Council. It has responsibility for adapting its properties, subject to a referral from the County Council.
11. The subject of this complaint is the County Council. I refer to it as the Council in this decision.

What happened

12. Mr X has a physical health condition which affects his mobility and puts him at risk of falls. In February 2020, Mr and Mrs X contacted the Council for help on the advice of the District Council. Mr X was struggling to get in and out of the bath safely.
13. The Council assessed Mr X at home. It identified that the layout of the bathroom meant that a bath board or similar equipment would not help. Mr X needed changes to the bathroom, including a level access shower or wet room.
14. The Council agreed to complete an OT referral to the District Council to recommend a level access shower in March. Shortly after that, the OT left the Council. The Council was without an OT until 2021.
15. In November 2021, the Council visited Mr and Mrs X at home. The OT completed a referral to the District Council for a wet room and included a sketch of the proposed adaptations.
16. Mrs X says the Council told her it would mark the referral as urgent because of the delay sending the referral. She says when she contacted the District Council, it told her the referral had not been marked urgent. The Council says it did mark the referral as urgent.

My findings

17. The Council’s failure to complete and send the referral to the District Council in March 2020 was fault. This resulted in a delay of over 20 months. In response to Mr and Mrs X’s complaint, the Council apologised for this delay. I do not consider this to be a suitable remedy for the injustice caused.
18. The delay added 20 months to the time Mr X has waited for the adaptations necessary for him to safely access bathing facilities. He must strip wash to maintain his personal hygiene or else risk physical harm by trying to use the bath. This is a significant injustice to Mr X.
19. In response to my enquiries, the Council said when it has advised that a strip wash is the safest way to meet personal care needs it “might provide a perching stool to support this or consider if formal care is required”. There is no evidence the Council considered whether Mr X needed any equipment to help him meet his needs while waiting for the adaptations. This is fault.
20. Mr X is still waiting for the adaptations he needs. The Council has not followed up with him to make sure Mr X is still able to manage his care needs or ask whether he needs further support. In the circumstances, I consider this to be fault. As a result, Mr X may be without equipment or support which could help him to manage his needs safely while he waits for the level access shower. This uncertainty is an injustice to Mr X.
21. Mrs X complained the Council failed to mark the referral as urgent when it sent it to the District Council in November 2021 despite telling her it would do this. I have seen a copy of the referral. At the top of the letter, it says: “Special Considerations: High Priority”. I therefore find the Council did what it told Mrs X it would do and so do not find fault in this part of the complaint. Any further delay progressing the adaptations from November 2021 is the responsibility of the District Council, not the Council.

Back to top

Agreed action

22. To remedy the injustice to Mr and Mrs X from the faults I have identified, the Council has agreed to:
• Apologise to Mr and Mrs X in writing
• Pay Mr and Mrs X £3,000, being £150 a month for the 20 months of avoidable delay
• Contact Mr X to consider whether his circumstances have changed and any interim support or aids Mr X may need while waiting for the adaptations
23. The Council should take this action within four weeks of my final decision.
24. The Council will also take the following action to improve its services:
• Remind relevant staff to consider and record what, if any, interim support or equipment is necessary to meet care and support needs while waiting for adaptations.
25. The Council should tell the Ombudsman about the action it has taken within eight weeks of my final decision.

Back to top

Final decision

26. I have completed my investigation. There is fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman