Summary: Ms B complains the Council’s home improvement agency and contractors failed to properly to carry out Disabled Facilities Grant works at her home. The Ombudsman found fault with the Council causing injustice. The Council failed to quality assure the work on Ms B’s bathroom before deciding it was complete and paying the contractor’s final invoice. The Council was also at fault for its delay in resolving the matter. The Council has agreed to remedy this injustice.

The complaint

1. Ms B complains the Council’s home improvement agency and contractors failed to properly to carry out Disabled Facilities Grant works at her home.
2. Ms B says she has had to live with an unfinished bathroom for over a year and a half and had to pay for her bathroom to be refitted.

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What I have investigated

3. Ms B complained to the Ombudsman in 2018 that the Council’s home improvement agency and contractors had failed to carry out Disabled Facilities Grant works at her home. In September 2018 following the Ombudsman’s investigation, the Council agreed to instruct a building surveyor to inspect Ms B’s bathroom and to complete any work that was identified as outstanding.
4. I investigated whether the Council and its contractors completed the work to Ms B home following the Ombudsman’s previous investigation.

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The Ombudsman’s role and powers

5. 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)
6. 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

7. I considered:
• Ms B’s complaint and the information she provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
8. Ms B and the Council can comment on this draft decision.

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What I found

Legislation and Guidance

9. A Disabled Facilities Grant (DFG) is to provide adaptations and facilities to enable the disabled person to continue to live in their home (Communities and Local Government, 2016, Disabled Facilities Grant). Councils give grants under Part I of the Housing Grants, Construction and Regeneration Act 1996.
10. Many councils work with Home Improvement Agencies (HIAs) to deliver DFGs. HIAs usually act as the applicant’s agent and manage contractors to ensure work is carried out satisfactorily. In these instances the applicant or the HIA manages contractors and ensures work is carried out correctly. Government and Social Care Ombudsman, 2016, Making a house a home: Local Authorities and disabled adaptations)
11. The council should still carry out regular inspections, to check work is progressing as agreed. (Local Government and Social Care Ombudsman, 2016, Making a house a home: Local Authorities and disabled adaptations)
12. Section 37(4) of the Housing Grant, Construction and Regeneration Act 1996 makes payments of DFGs conditional on works “being executed to the satisfaction of the authority [council]”. If the contractor does not successfully complete the DFG, the applicant should tell the council so it can withhold payment, if appropriate. (Communities and Local Government, 2016, Disabled Facilities Grant)
13. The timescales vary according to whether the work is urgent or non-urgent. In urgent cases the target is 55 days. For non-urgent cases the work should be finished within 150 days. (Local Government and Social Care Ombudsman, 2016, Making a house a home: Local Authorities and disabled adaptations)
14. The general conditions of the Council’s DFG grants include:
• The supervising officer, Sandwell Home Improvement Agency, may reject any materials or workmanship they think is unsatisfactory and the contractor shall immediately remove and amend such rejected materials and workmanship at their own expense.
• The contractor is to deliver the works in a sound and perfect condition and is to make good all defects that may arise or be discovered within the six months defects liability period after the completion of the works at his/her expense.
• The works will not be deemed complete until the supervising officer has certified this in writing, by issuing a practical completion certificate. The defects liability period starts from the date the certificate is issued.
• The agreement price includes cleaning away rubbish and sweeping, washing and cleaning all floors, steps and paving as may be required to the satisfaction of the supervising officer.
• Only competent craftsmen shall be employed on the works and the supervising officer can prohibit the employment on the works of any person not showing this standard.
• The Council will pay on satisfactory completion of the works. The contractor will be paid 95% of the value of the contract sum when the supervising officer issues the certificate of competition. The final 5% will be paid by the Council at the end of the six months defects liability period and on issue of a certificate of final completion.

What happened

15. This chronology includes key events in this case and does not cover everything that happened.
16. Ms B has health conditions that affect her mobility.
17. In March 2018, a DFG paid for Ms B’s bath to be removed and a shower fitted. Ms B complained to the Council that the work to her bathroom had not been completed successfully. In August 2018 Ms B brought her complaint to the Ombudsman and the Council agreed to instruct a building surveyor to inspect Ms B’s bathroom.
18. The Council wrote to Ms B in October 2018. It told her it would arrange an independent inspection of her bathroom. It said if any faults were identified one solution would be for her to get an itemised quotation for the works from a building contractor of her own choosing and the Council would pay her or the contractor directly for the work. The Council agreed to arrange for the inspection to be completed by the beginning of November 2018.
19. An independent building surveyor completed the inspection by the end of November 2018.
20. In December 2018, the Council signed off the work as complete. It had paid the contractor’s final invoice in August 2018.
21. In January 2019, the Council wrote to Ms B with the result of the inspection. The report commented, “although there are areas of poor workmanship the lower-level shower and associated elements are fit for purpose and fully usable by the occupier”. It said, “some areas of work need attention”:
• Remove and reapply sealant around the shower tray and boxing.
• Refit trim to the boxing.
• Clean off brown stain to the tile.
• Drain down, remove and refit the radiator to straighten the pipe and tidy the PTFE tape.
• Skim bathroom ceiling.
• Paint kitchen, dining room and bathroom ceilings.
22. The Council estimated it would cost around £200 for the work. The Council offered to pay this amount and to give her £100 for the inconvenience caused.
23. The Council wrote to Ms B again in January 2019 after the Ombudsman queried the Council’s offer. The Council told Ms B she could get an itemised quote from a contractor of her choosing and the Council would meet these costs if it thought they were reasonable.
24. Ms B responded to the Council in March 2019. She said the building surveyor told her there was a problem with the shower that had been installed but this was missing from his report. Ms B told the Council given the poor workmanship she wanted the bathroom reinstalled by a reputable builder.
25. Ms B chased the Council for a response in May and June 2019. The Council responded in July 2019. The Council told Ms B it was considering her request for her bathroom to be refitted.
26. In October 2019, Ms B paid for her bathroom to be refitted.
27. In November 2019 the Council told the Ombudsman, “given the duration of time that the issues have been unresolved, we are willing to consider remedying the issues via a private agent process whereby Ms B can submit three reasonable quotes from contractors of her choice to have appropriate works completed. The Council would, once a quote is approved, meet the cost of these works.”

Analysis

28. In November 2018, an independent building survey of Ms B’s bathroom found the work had not been completed. The report listed the outstanding work.
29. The Council had no legal responsibility for the standard of the work even though it approved the contractor. However, the Council was at fault for signing off the bathroom as complete and paying the contractor’s final invoice when Ms B had expressed concern about the quality of the work.
30. This also raises questions about the Council’s quality control. The Council signed the work off as complete despite the building surveyor’s inspection identifying areas of work that needed attention. The Council was at fault for signing off work it knew it had not been successfully completed.
31. The work on Ms B’s bathroom was carried out in March 2018. In October 2019, over a year and a half later, it still had not been successfully completed. There was also a delay in the Council responding to Ms B’s concerns and requests. Ms B asked the Council in March 2019 if it would pay for her bathroom to be refitted. The Council acknowledged Ms B’s request but there is no evidence it answered her. These delays were fault by the Council.
32. Because of the faults, Ms B was inconvenienced by having to live with an unfinished bathroom for over a year and a half and having to arrange for the work to be completed. Ms B was also put to time and trouble. She had to repeatedly chase the Council and bring two complaints to the Ombudsman.

Agreed action

33. Within one month of the final decision, the Council will:
• Apologise to Ms B for the faults identified.
• Pay Ms B £250 for the injustice caused by the Council’s delay.
34. Within two months of the final decision, the Council will:
• Reimburse Ms B for the work identified in paragraph 21. Within a month of the final decision, Ms B should provide the Council with an itemised invoice to calculate the money to be reimbursed for the work identified in paragraph 21. If Ms B cannot provide an itemised invoice, the Council should get three quotes for the work identified in paragraph 21 and reimburse Ms B an average of these quotes.
• Review its DFG policy to ensure:
1. robust quality monitoring is carried out;
2. work is not signed of as complete when there are outstanding issues; and
3. it sets out the circumstances in which the Council might withhold payment of a grant to a contractor.
35. The Council should provide the Ombudsman with evidence these actions have been completed.

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Final decision

36. I have completed my investigation and uphold Ms B’s complaint. Ms B has been caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice.

Parts of the complaint that I did not investigate

37. I have not investigated what happened prior to September 2018 as this was considered in an earlier complaint.

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Investigator's decision on behalf of the Ombudsman