Summary: Ms B complained the Council failed to ensured the property she moved to was adapted to meet her needs. As a result she had difficulty in using some of the property and in particular the kitchen. There was no fault by the Council.

The complaint

1. I call the complainant Ms B. She complained the Council failed to ensured the property she moved to was adapted to meet her needs. As a result she had difficulty in using some of the property and in particular the kitchen.

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The Ombudsman’s role and powers

2. 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)
3. If we are satisfied with a council’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)

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How I considered this complaint

4. I considered the complaint and documents provided by Ms B and spoke to her I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Ms B and the Council and considered their comments.

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What I found

Summary of the relevant law, guidance and good practice

5. There is an underlying primary duty under the Care Act 2014 to meet the assessed eligible needs of a disabled adult.
6. Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to provide grant aid to disabled people for certain adaptations.
7. Social housing tenants are entitled to apply for a DFG. However, in most cases social landlords carry out and fund the installation of disabled adaptations. We consider the social landlord to be acting on behalf of the social care authority where the social landlord has carried out an occupational therapy assessment and has concluded adaptations are necessary.

What happened

8. Ms B has various health issues which means she has restricted mobility and is considered to be disabled in accordance with the relevant legislation. She moved to her current property in early March 2020. It is a housing association property.
9. In the middle of April there was a video occupational therapy (OT) assessment. The report of the assessment referred to the provision of some aids for bathing, a wheelchair assessment and the provision of a chair. It concluded there needed to be a site visit when the COVID-19 lockdown was over. This would be to assess flooring levels, to consider wider toilet seat request, to assess front door locking system and to consider kitchen adaptations.
10. The Council commented that the provision and action identified was completed but it was left that Ms B should come back to the Council when she had been able to use the kitchen. Ms B did not contact the Council as previously it had been through a support agency. This meant there was no further action by the Council.
11. There was not fault by the Council as it was left for Ms B to make contact.
12. The Council said it will expedite an assessment for Ms B now.

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Final decision

13. There was no fault by the Council.

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Investigator's decision on behalf of the Ombudsman