Summary: Ms X complains the Council was at fault in the way it managed a Disabled Facilities Grant for works to her bathroom leaving her with unfinished work. The Ombudsman has found no evidence of fault in the way the Council considered these matters.

The complaint

1. The complainant whom I shall refer to as Ms X complains about the way the Council managed a Disabled Facilities Grant (DFG) and carried out adaptations to her bathroom. Ms X says her bathroom is unfinished with poor quality work causing distress. In particular Ms X complains;
• The Council surveyor and her advocate excluded her from discussions about the work in the bathroom and decided the scheme.
• There are issues with the water gully for the shower as water collects in it causing it to smell. Ms X says she has to keep emptying the gully.
• The toilet has not been properly fixed, and the plinth installed under the toilet makes it too high for her to use comfortably. Ms X says the plinth gets dirty as it fills with dust and rubbish.
• The new toilet does not clear the contents on the first flush. Ms X says she must fill a bucket to add water to the flush which is difficult for her to do because of her health conditions.
• The contractor moved the radiator to a different position in the bathroom, so the room is now cold. Ms X raises concerns about a plastic curtain near to the radiator which will get hot when the radiator is on. Ms X considers she needs a different type of curtain.
• The bathroom tiles are poorly fitted, and water is leaking in behind them.
• The contractor left rubbish in her light fitting. And the work caused dust in the property affecting her health. Ms X says the dust caused damage to her iron and ironing board.
• The shower flooring is bumpy, so water does not exit the shower drain well. Ms X says she must mop the floor with a cloth which is difficult for her due to a medical condition.
• The shower head is heavy and inadequately supported by the shower fitting. Ms X complains the shower head has now broken.
• The Council has failed to install a new access door and yellow handrail.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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 have read the papers submitted by Ms X and spoken to her about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided. I have explained my draft decision to Ms X and the Council and considered the comments received.

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What I found

5. A DFG is awarded by the housing authority to make adaptations to the home which are ‘necessary and appropriate’ to meet the disabled occupant’s needs, where it is ‘reasonable and practicable’ to carry out such adaptations.
6. The Council’s Private Housing services offers an Agency Service to applicants to give administrative and technical help to ensure works are properly organised and carried out. If an applicant uses the Agency Services a surveyor will meet the applicant at their home and carry out an assessment to ensure the recommended adaptations will meet the needs of the disabled person. The surveyor produces tender documents and schedule of works. The surveyor advises the applicant on what to expect about contractors visiting the home.
7. The surveyor meets with the applicant, their representative and contractor once the grant is approved. This is to discuss the work, start and completion dates, confirmation of the applicant’s choices and explanation of the contract clauses. The applicant signs a form to show the issues have been discussed.
8. The surveyor will periodically inspect the works while in progress. On completion the surveyor inspects the works, considers the applicant’s comments and issues a snagging list if needed. On completion of snagging the surveyor will pay the invoices, send a grant completion letter to the applicants and close the case.

Background

9. Ms X lives in a ground floor flat. Ms X was struggling to get in and out of the bath because of recent medical issues including loss of vision in both eyes. In January 2018, the Council received a referral from Adult Social Care for installation of a walk–in shower at Ms X’s property. The works included a new shower/wet room with a seat, toilet, washbasin and moving an existing radiator slightly along a wall.
10. Ms X decided to use the Council’s Agency Services. A surveyor met Ms X at her home to discuss the works with her advocate present. The Council says the advocate helped Ms X by reading documents out to her, explaining the relevant parts and getting any queries addressed. The advocate helped Ms X apply for a DFG which the Council approved. Ms X entered a contract with builders to do the works.
11. The surveyor met Ms X again with her advocate to show her the proposed new layout of the shower. This was drawn up by an Occupational Therapist (OT) based on Ms X’s needs. The purpose of designing a wet room was to create a safe seated environment for Ms X to carry out her bathing needs with a reduced risk of falling and suffering injury. Ms X signed her agreement to the works.
12. Ms X asked to increase the height of the toilet and the surveyor agreed to add a plinth under the toilet pan to raise the height. Ms X chose tiles and floor colours and the surveyor recorded her choices. It was agreed works would start in April 2018 and take no more than three weeks. Ms X signed a form to show the surveyor discussed the contract clauses with her. This included issues about dust and mess that might be caused from works.
13. The surveyor checked the works once completed and identified some snagging matters for the contractor to carry out. Ms X raised concerns about dust at the property. The surveyor found the contractor had placed floor protection as needed but there was some dust on her living room table. The contractor agreed to clean when they finished the works.
14. Ms X also raised issues about the standard of tiling. The surveyor agreed the tiling should be redone. Ms X asked to change her tile choice to ‘bumpy whites’ which was agreed. Ms X asked for black grout instead of white and insisted on her choice despite advice by the surveyor and contractor it would cause difficulties in achieving a good finish.
15. The surveyor visited again once these were completed. Ms X complained about the works which the Council responded to. The Council arranged for an OT for Visual Impairment to visit Ms X and assess the works. The OT viewed the bathroom and new toilet, sink, radiator, and shower. The officer did not consider any of the appliances difficult to access or unsafe considering Ms X’s vision.

The Council’s response to Ms X’s complaints

Ms X’s involvement in discussions

16. The Council confirms Ms X ‘s involvement in discussions about the works to the bathroom and she signed the record sheet showing she was aware of the contract and issues that may arise. The Council says both the surveyor and Ms X’s advocate confirm that before the work started Ms X was consulted and has been vocal about her choices throughout the process since then. Ms X’s advocate said the surveyor had been clear when explaining matters to Ms X and responding to her queries.

Issues with the shower water gully

17. Ms X complained she found the gully smelt and it was difficult to take apart and reassemble to clean it. Ms X said she had to change the water in it regularly. The surveyor advised Ms X she did not need to take it fully apart it to clean out hair and debris, just remove the top of the gully to clean it. The surveyor also explained the water gully was a water trap, designed to be filled with water to prevent drain smells from escaping from the water system. The surveyor found no smell from the gully and advised Ms X the water in the gully was replaced after each shower so there was no need for her to take any action.
18. The Council says Ms X has dismantled the gully and parts have gone missing. It has offered to replace it but Ms X refuses to allow the contractor to return unless it is to restore her bathroom to the one she had before the adaptations. The Council remains willing to carry out the work to the gully if Ms X will allow it.

Issues with the toilet

19. The Council added the plinth to the toilet at Ms X’s request and offered to change the height of the toilet back to its original height to make it more comfortable for Ms X. But Ms X will not allow the contractor in unless to restore the bathroom to how it was before the adaptations which it cannot do. The Council remains willing to carry out the work.
20. The Council confirms the new toilet complies with the Building Regulations. These reduce the capacity of cisterns so it does mean the new toilet will not be as efficient in flushing as her last one which had a larger water capacity. The Council says Ms X does not need to fill a bucket of water to help the flush but to just to flush the toilet again when needed.

Bathroom radiator and shower curtain

21. The Council confirms the radiator has been moved slightly to allow more space around the toilet and remove any potential hazard. This will enable it to add a drop-down rail if needed in the future. The Council says the radiator has not moved far and will still effectively heat the room from its location.
22. The Council says Ms X has raised concern previously the shower curtain may catch fire. The Council confirms the polyester curtain will not catch fire or melt as the radiator does not get hot enough for that to happen. The Council says there is no exposed flame in the bathroom to ignite the curtains and considers the curtains fit for purpose.

Bathroom tiles

23. The Council confirms the tiles are watertight and so water should not be leaking behind them. It agrees there remains an outstanding snagging issue about the look of the tiling and the standard of workmanship was not acceptable. The contractor accepted this and has offered to correct it. The contractor agreed to pay Ms X £100 in compensation for the inconvenience.
24. The Council says Ms X has refused to allow the contractor to return unless it is to restore the bathroom to before adaptations. The Council says it remains willing to complete the snagging work on the tiles although it recommends Ms X changes her choice of black grout. It does not recommend black grout with white tiles as it is unlikely the contractor can achieve any acceptable grout finish especially with the bumpy surface of the tiles.

Light fitting

25. The Council says the spread of dust is unfortunately an unavoidable issue when having works done and is difficult to control. The Council confirms the surveyor explained this to Ms X. The surveyor reported the contractor took reasonable steps and placed floor protection while working and walking through Ms X’s home. The Council apologised for the spread of dust in her property and if it caused damage to her iron and ironing board. The contractor did not accept responsibility for the damage but agreed to pay Ms X £100 towards a new iron and ironing board.
26. The Council noted some dust in the light fitting, and it is an outstanding snagging issue. The Council says Ms X will not agree to the contractor returning unless it is to restore her bathroom. The Council remains willing to do the work if allowed. The Council says the fitting contains the dust, so should not be possible to affect Ms X’s health.

Shower and Shower flooring

27. The Council does not consider the flooring bumpy and says with wet rooms there will always be some wetness after a shower. The Council confirms it has inspected the shower many times and it has found no issues needing correcting.
28. The Council confirms the shower was designed and built according to the OT recommendation Ms X should be seated in the shower chair. However, Ms X has not allowed the contractor to fit the chair and insists on washing her hair in a standing position using the wash basin on the other side of the room. In order to do this Ms X has to stretch the shower hose/head across the room. The Council says if this has caused damage it will replace the shower head.

New access door and yellow handrail.

29. The Council confirms installing a new access door and a yellow handrail is an ongoing matter it is trying to resolve with Ms X. It says Ms X has declined the recommended handrail and considers the fitted door is not the same standard as her old one. The Council confirms the surveyor inspected the door and found it an acceptable standard and specified in line with Ms X’s choice of design. Ms X is considering whether to choose a door she prefers but Ms X will need to fund it.

My assessment

30. The documents provided show the Council consulted Ms X about the works. The records show she could make changes to the tiling, colour of grouting and floor covering. Ms X’s advocate confirmed Ms X was involved and consulted. Ms X also signed the Agency Services record to confirm she was aware of the works and contract. The bathroom was then fitted according to the OT’s recommendations which the documents show Ms X agreed to be carried out.
31. The documents show the Council responded to Ms X’s concerns about work to her bathroom. The surveyor inspected the works while they were being carried out and drew up a snagging list on completion according to the contract of service. So, there is no evidence of fault by the Council. The contractor has agreed to act and carry out the snagging works. The contractor will re-do the tiling and offered Ms X compensation for inconvenience and to replace damaged goods. The Council remains willing to ensure the snagging issues are resolved for Ms X. It is for Ms X to liaise with the Council for access to her property to ensure matters are resolved to enable her to use her bathroom safely according to the OT recommendations.
32. The Council explained to Ms X some issues she refers to are due to Building Regulation requirements and these affect how the fittings work now work such as the toilet and shower gully. The documents confirm the surveyor has explained to Ms X how they work and no need to her to carry out the actions she has been taking.
33. The Council provided photographs showing the plinth under the base of the toilet. The plinth is the same size as the base of the toilet so I am unclear how it can fill with dust and debris. But if Ms X allows the contractor to remove the plinth it may resolve this issue.
34. I do not consider I can achieve anything further for Ms X through further investigation. The Council is willing to replace some damaged items and arrange for the contractor to complete the snagging works.
35. The issue with the rear access and new handrail is an ongoing matter and Ms X needs to liaise with the Council to ensure its completion for her safety. And then pursue any further complaints directly with the Council first.

Final decision

36. I am completing my investigation. There is no evidence of fault in the way the Council has dealt with Ms X’s DFG.

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Investigator's decision on behalf of the Ombudsman