Summary: Ms C complains the Council delayed in carrying out repairs after adaptation work. The Council delayed and failed to update Ms C about remedial work. The Council has agreed to review why there were delays and pay Ms C £250 to reflect her time, trouble and distress the failures caused.

The complaint

1. The complainant who I call Ms C complains about adaptation work completed on her late mother’s property. Ms C complains the Council failed to make good damage caused by adaptation work. This resulted in the living room being unusable for over a year and lots of dust in the property. Ms C also complains Council officers acted unprofessionally, avoided calls and were unhelpful.
2. Ms C who lived with her mother says because of this Ms D’s grandchildren could not visit the property. She has also incurred redecoration costs and the cost of a new carpet.

Back to top

The Ombudsman’s role and powers

3. 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)
4. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced new and frequently updated rules and guidance during this time. We can consider whether the Council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
5. 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)

Back to top

How I considered this complaint

6. I spoke with Ms C and considered information she provided. I asked the Council for information and specific questions. I considered its response. I also considered the relevant law and guidance in place at the time detailed where relevant below.
7. Ms C 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 information

8. Ms C lived with her mother, who I refer to as Ms D. The Council agreed to carry out major adaptations to the property and installed a vertical lift in January 2020.

What should have happened

9. Disabled Facilities Grants (DFGs) are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to give grant aid to disabled people for certain adaptations. Before approving a grant, a council must be satisfied the work is necessary, meets the disabled person’s needs, and is reasonable and practicable.
10. During 2020 and 2021 various COVID-19 restrictions were in place. Following a complete lock down in December 2020 non-essential retail and public buildings reopened in April 2021.

What happened

11. Ms C complained the vertical lift was not suitable as it was difficult to manoeuvre Ms D’s wheelchair into the lift, and it only worked intermittently. Ms C asked the Council to remove the vertical lift and install a stairlift. The Council refused on the basis it would leave Ms D at risk. It made suggestions to support the use of the vertical lift and agreed to repair cracks in the ceiling caused by the vertical lift. Ms C says after the installation of the stair lift the Council accepted it was safe for Mrs D to use. This is disputed by the Council.
12. In October 2020 Ms C privately bought and installed a stairlift. The Council says it agreed to remove the vertical lift as a gesture of goodwill. This occurred in December 2020. In January 2021 Ms C complained saying cracks in the ceiling were still not fixed. The Council scheduled work to repair the ceiling for May 2021. It is unclear when the Council completed the initial work but by June 2021 Ms C complained as the repairs completed were inadequate and there were more issues with the ceiling. The Council completed the repairs to the ceiling in October 2021. The Council says COVID 19 restrictions prevented workers from entering the property and caused delay.
13. Ms C also complains officers and workers were uncooperative, rude; and one in particular refused to speak with her. Ms C says the officer only agreed to speak with her after she made a complaint. The Council says the officer did not refuse to speak with Ms C but acknowledges there was a misunderstanding.
14. Ms C made a complaint to the Council, but it did not escalate the complaint through its formal complaints procedure. Instead the Council says it dealt with matters informally trying to work with Ms C to resolve issues. The Council told Ms C to contact the complaints team should she remain unhappy. Ms C emailed the complaints team in June 2021 but did not receive a reply. In response to my enquiries the Council said that it has not formally considered the complaint and would consider it now if appropriate.
15. Ms C says contractors left machinery in the living room and despite regular cleaning it remained covered in dust. Because of the risks Ms D could not have her grandchildren visit. Ms C says she has had time and trouble in chasing the Council to repair her ceiling. She has also had to incur the cost of buying a new carpet and re-decorating the living room.

Was there fault causing injustice?

16. COVID-19 restrictions made completing the works difficult and will have contributed to some delay outside of the Council’s control. However the Council should have updated Ms C, told her about the delay and when it would be in a position to complete the works after restrictions were lifted. The failure to do so was fault. The Council completed works in May 2021. These were unsatisfactory and Ms C had to again pursue the Council until the completion of works five months later causing a further delay.
17. As a result of these faults Ms C had to chase the Council for responses and timescales. The prolonged period to complete the works to a satisfactory standard resulted in Ms C not having the full use of her living room.
18. Ms C would like the Council to refund redecoration and carpet costs. The need to redecorate following the removal of the lift is not caused by Council fault. The Council agreed to remove the lift as a gesture of goodwill, it had no requirement to do so, and did not agree to redecorate as part of that offer. There is therefore no basis for the Ombudsman to recommend a payment from the Council for these items. If Ms C considers the Council caused damage to her carpet, she should make a claim against the Council’s insurers.
19. Ms C says building contractors were rude. Without an independent record it is difficult to investigate what was said at the time and make a balance of probability finding on the matter. I therefore do not intend on pursuing this further.
20. The Council says there was misunderstanding about an officer not wanting to speak with Ms C. The Council did not however offer an apology or explanation at the time which has caused Ms C frustration.
21. The Council failed to respond to Ms C’s complaint properly. It failed to escalate her complaint in June 2021. While the Council’s offer to consider the complaint later is welcomed, Ms C lost an opportunity to have her complaint resolved earlier.

Back to top

Agreed action

22. I consider there was fault in the actions of the Council which has caused Ms C injustice. I consider the following actions are suitable to remedy the complaint. The Council has agreed to:-
1. apologise to Ms C for the faults I have identified and pay her £250 to acknowledge the failure to keep her updated on works to be completed, in not dealing with her complaint properly and for delay;
2. remind officers about the importance of keeping people informed and updated about the progress of works;
3. remind officers about investigating complaints in a timely manner and according to the complaints process;
23. The Council should complete (a) within one month of the final decision and (b)-(c) within three months of the final decision.

Back to top

Final decision

24. I consider there was fault in the Council’s actions which caused Ms C injustice. I consider the agreed actions above are suitable to remedy the complaint. I have now completed my investigation and closed the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman