Summary: Mr X complained the Council refused to give him a Disabled Facilities Grant to help adapt his home for his child who has several health problems. There was no fault with how the Council reached its decision.

The complaint

1. Mr X complained the Council refused to give him a Disabled Facilities Grant (DFG) to help adapt his home for his child, Y, who has several health problems and learning disabilities. Mr X says this has caused him distress and frustration. He wants the Council to approve a 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 an organisation’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 spoke with Mr X and considered the information he provided.
6. I considered the information the Council provided.
7. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered any comments I received before making a final decision.

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What I found

Disabled Facilities Grant

8. Disabled Facilities Grants 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 which are needed to help them remain at home.
9. Before awarding a DFG, a council must decide if the proposed works are necessary and appropriate to meet the needs of the disabled person and are reasonable and practicable. Generally, an occupational therapist will conduct an assessment to establish the needs.
10. ‘Home Adaptations for Disabled People’ is key guidance on best practice in implementing DFG’s. It says assessments for DFG’s should take account of the views of the disabled child and their parents. Assessments should also consider the experience and expertise of professionals involved with the child.

Background

11. Mr X lives in his own two-bedroom property with his wife, Mrs X, and their four children. Mr and Mrs X share the bedrooms with their children. There is one bathroom on the upper floor with a separate toilet.
12. Mr and Mrs X’s child, Y, has several health problems and learning disabilities which affect their activities of daily living such as personal care and sleep. Y’s mobility is also affected and Y has frequent falls. Mr and Mrs X supervise Y with their mobility and at times, have to carry Y to transfer them from one place to another.
13. Y is unable to independently use the toilet and needs to use it frequently due to medication they take. Y also wears nappies. Y relies on their mother for assistance with toileting. Mrs X has to regularly take Y upstairs to assist Y with toileting or to change Y’s nappy. Mr X said the toilet is not safe for Y to access as the room is too small.
14. Mrs X supports Y with having a bath which she struggles with. She has to lift Y into the bathtub. Y is reluctant to have baths as they do not like having their hair wet. Y also cannot stay in a bath for too long due to the condition of their skin. Mr and Mrs X said a shower would be better for Y to use.
15. In addition, Y has problems with sleeping. They frequently wake up during the night. Mrs X stays awake with Y and takes Y downstairs to prevent the other children from being disturbed.

What happened

16. In 2019, Mr and Mrs X applied to the Council for a DFG. They wanted an extension to their property on the ground floor. This would allow space for a downstairs bathroom. Mr and Mrs X said having a bathroom downstairs would make it easier to assist Y with their personal care. They would not need to carry Y up the stairs and the bathroom would be spacious for Y to access.
17. In April 2020, the Council’s Occupational Therapy Team assessed Y for a DFG. It found Y was able to move independently up and down the stairs. Y was able to access the toilet, transfer onto the toilet and off the toilet. The Team advised Mr and Mrs X on developing a toilet routine for Y. The Team observed the bathtub was too high and this was the reason why Mr and Mrs X had to lift Y into the bathtub. It advised Mr and Mrs X that Y’s reluctance to take baths was a behavioural problem.
18. The Team did not recommend a DFG. This was because:
• the property was overcrowded and it had to be resolved before any adaptations could be carried out.
• Y had no unmet needs.
• the team had given Mr and Mrs X sufficient advice in relation to Y’s toileting problem.
19. Mr X was unhappy with the Council’s decision and complained to the Council in April 2021. As a result, the Council agreed to conduct a further assessment later that month but virtually, due to Covid-19 and restrictions. However, Mr X ended the assessment part way through.
20. Mr X later complained to the Council. He said the Occupational Therapy Team did not properly consider the application. He said it seemed the Team had already decided during the assessment not to recommend a DFG and individuals of the Team were intimidating and condescending.
21. The Council responded to Mr X and told him the Occupational Therapy Team was experienced. It assured Mr X the Team had not made a judgement during the assessment and individuals had not intended to appear intimidating or condescending. The Council said as Mr X had ended the assessment, it was unable to determine an outcome for his request for a DFG. The Council arranged a further assessment to take place face-to-face in Mr X’s home. As requested by Mr X, the Council arranged for an occupational therapist to conduct the assessment, who had no prior involvement with the case.
22. In August 2021, an occupational therapist conducted an assessment with Y. During the assessment, it was noted Mr X also wanted to convert the bathroom upstairs into a sensory room or a bedroom for Y. He said this would help Y with sleep or sensory problems.
23. The Occupational Therapist found there were no changes to Y’s level of function and level of needs. Y was able to safely access essential facilities in their home such as a bedroom and a bathroom. Therefore, they did not identify a need for a DFG to adapt the property to meet Y’s needs. The Occupational Therapist believed there were other avenues of support which were deemed appropriate rather than making adaptations to the property.
24. Following the assessment, the Council referred Y to a local NHS service for an assessment of their sensory needs. This was because the Occupational Therapist considered Y displayed sensory behaviours which affected their engagement with activities of daily living. The Council also signposted Mr and Mrs X to other appropriate services for advice and support on sleep and toileting issues.
25. Mr X remained unhappy and complained to us.
26. As part of our investigation, we asked the Council for further supporting information which led to its decision not to authorise a DFG. The Council responded and said there was potential for Y to develop their skills and so they should be given the opportunity to do so. It therefore deemed it was appropriate to refer Y to other services which would support Y with this. The Council added, major adaptations can delay or prevent the development of skills.

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Findings

27. It is not for the Ombudsman to say what Y’s needs are or what adaptations are required to the property. That is the Council’s role. Our role is to determine whether there was any administrative fault in the way the Council reached its decision.
28. The Council’s Occupational Therapy Team assessed Y’s needs for adaptations to their home. I have reviewed the assessments which the Occupational Therapy Team completed. The assessments demonstrated the Council considered relevant factors in reaching its decision. For example, it considered Y was independently mobile around the house, was able to access the toilet safely and transfer on and off the toilet independently. Y also had a bedroom which they used to sleep in. The Council therefore decided Y was able to safely access the essential facilities in their home and so there was no requirement for a DFG.
29. The Council acknowledged the issues around managing Y’s needs. It therefore made recommendations to Mr and Mrs X to seek advice and support from alternative services. It believed this route was more appropriate for Y’s development rather than making major adaptations to their home.
30. The Council was entitled to decide if it was appropriate and necessary to make adaptations to the property. While Mr X does not agree with the Council’s decision, there was no fault in the way it was made. The Council made its decision not to authorise a DFG in line with guidance.

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Final decision

31. I have now completed my investigation. There was no fault by the Council.

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Investigator's decision on behalf of the Ombudsman