• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Final decision

The Ombudsman's final decision:

Summary: Mr C complained that the Council’s recommendation to meet his mother’s needs by installing a through lift or by rehousing her, is not suitable. The Ombudsman did not find fault with the actions of the Council.

The complaint

1. The complainant, who I shall call Mr C, complained to us on behalf of his mother, who I shall call Mrs M. Mr C complains the Council has failed to sufficiently consider their arguments about why the Council’s proposal (a lift or rehousing) is not appropriate to meet Mrs M’s needs, and that she needs a ground floor extension instead, through a Disabled Facilities Grant (DFG).

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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. 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)
4. 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

5. I considered the information I received from Mr C and the Council. I shared a copy of my draft decision statement with Mr C and the Council and considered any comments I received, before I made my final decision.

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What I found

6. Mr C lives with his wife and his child at his parent’s housing association property. He says his mother has diabetes, arthritis in her limbs and spine, and has breathing problems. He says that, as a result, his mother is not very mobile and cannot walk more than a few steps. Mr C says the toilet, as well as his mother’s bedroom, are on the first floor and his mother can only climb the stairs ‘on all fours’. As such, his mother has asked the Council for a DFG to pay for a ground floor extension so she can have access to a bedroom and bathroom downstairs.
7. Mr C told me the Council’s recommendation to put a through-lift in place to the first floor is unsuitable, because: his mother has a phobia for using any type of lift and becomes too anxious.
8. The Council says that:
   • Its functional assessment in July 2018 concluded that Mrs M could fully and safely mobilise and could use the stairs safely without the need to rest. She was fully independent.
   • The family did not mention before or during this assessment that Mrs M has a phobia of using stairlifts. However, Mr C had said in March 2018 that the family had been advised their staircase was too narrow for the installation of a stairlift.
9. Mr C made another referral to the Council in October 2018 and explained that his mother’s health had deteriorated. An Occupational Therapist (OT) carried out an assessment in December 2018. Following the assessment, the OT explained to Mr C that his mother’s needs could be met by installing a through lift, which meant it would not consider a ground floor extension. During this conversation, Mr C told the Council for the first time, that his mother had a fear of stairlift use and he was concerned that grandchildren would play with any equipment.
10. The Council told me:
    • It would like to reassure Mrs M and her family that stairlifts and through floor lifts are designed with many safety features/sensors and can be locked off to prevent injury and entrapment. The lifts are specifically designed for the domestic setting to be used as part of everyday family life and activities. It accepts that stairlifts/through floor lifts are large items of equipment and supervision of children within the home will be required.
    • It is confident that Mrs M’s worries can be dispelled and her needs met by the installation of a through floor lift. It is willing to work closely with Mrs M and her family to help to allay any fears about a stairlift/through floor lift. This includes extra literature/information, arranging visits to the family home by company representatives and arranging an appointment, with an Adaptations Service OT to an Independent Living Centre
11. Mr C says the Council has also proposed to rehouse them to another property. However, he told me this is not an appropriate alternative, because:
    • His parents currently live close to (and therefore have easy access to) the city centre, hospital, mosque and shops. This would change if they were to rehouse to another housing association property.
    • All his parents’ relatives live currently close by on the same estate. This is important, because those relatives visit his parents every day to help with cooking, cleaning and other chores. It is also important from a social aspect.
    • It would be difficult and stressful for his parents, who would be anxious having to move to a new area at their age, having lived in this area for over 20 years now.
    • It would involve costs of moving and decorating etc, that his parents are unable to pay for.
12. The Council told me that:
    • Mrs M’s property is currently officially overcrowded. The Council offers rehousing as an alternative to service users, as some residents are unaware or have not considered this as an option. The recommendation to rehouse, via its choice-based lettings / bidding system, to a four-bedroom property (one more than at present) within the same area is a reasonable and viable option. It accepts this will not be an easy decision to make.
    • The Homesearch officer may agree to provide Mrs M with “decorating vouchers”, which is on an individual basis and dependent on the offered property. Charities may also offer a one-off Budgeting Loan for removal costs (based on receipt of Pension Credit and other benefits).
13. The Council says that it considers that the provision of a lift, or rehousing, is still a viable way of meeting Mrs M’s needs.
14. Following the Ombudsman’s enquiry, the Council is also proposing a third option. It says it can offer to pay the cost of installing a through floor lift, towards the total costs of Mrs M’s preferred scheme of an extension to the property. However, this would still need the consent of Wakefield and District Housing and the family agreeing to pay the difference.
15. Mr C has told me, following the Council’s response to my enquiry, that:
    • His mother and her family still believe the ideal solution would be to extend the ground floor at the current address. His mother's condition is worsening, and she will soon have more difficulties moving around and standing up.
    • If this is not possible, the family would like to explore the option of moving to another property, if a suitable four-bedroom property (with ground floor facilities) can be found within the same area, and the family can receive help with the moving and decorating process.
    • The family would also like to further discuss the option of the Council contributing towards an extension, but it will need more information about the cost implications for the family.

Assessment

16. This is a decision for the Council to take on the merits of the case. The Ombudsman cannot substitute his judgement on what would be right for what a council has decided. He must consider whether there was fault in the way a council reached its decision (see paragraph 3 above).
17. Before a council considers whether a person’s needs should be met by building an expensive extension to a property, it will first determine if a person’s needs can be met by providing adaptations within the existing property.
18. I found there was no fault with regards to the way through which the Council made its decision. The Council carried out an OT assessment, which captured Mrs M’s needs. It considered the comments the family made and concluded that Mrs M’s needs could be met by a through-floor lift. It is willing to provide Mrs M and her family with whatever help it can to reduce any fears she may have with regards to using the left. In addition, it has made two alternative suggestions how to meet her needs, which the family can further explore.

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Final decision

19. For reasons explained above, I did not uphold Mr C’s complaint.

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Investigator's decision on behalf of the Ombudsman

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