Summary: The Council has properly considered the most reasonable and practicable scheme for a disabled facilities grant home adaptation, to meet Mrs C's care needs. In reaching its decision the Council has considered the family’s preferences, advice of relevant professionals, and the needs of carers.

The complaint

1. Ms B says the Council has failed to consider her mother, Mrs C’s, need to have a bathroom which is easily accessible from her bedroom when deciding the most practical scheme for a Disabled Facilities Grant. Ms B says Mrs C continues to try to use the bathroom, despite the Council suggesting she use a commode. Mrs C often has accidents on her way to the bathroom. Ms B says professionals in Mrs C’s care have recommended a bathroom next to her bedroom. This would make it more likely Mrs C would make it in time and is easier for her carers to help her. Ms B says the Council has failed to take a holistic view and consider the needs of the rest of the family, and Mrs C’s carers. Ms B says the Council has caused delays and its communication has been poor. Ms B says the Council fails to acknowledge or empathise with the family’s stressful situation. Ms B and the family find this frustrating and upsetting, and it adds to their stress.

Back to top

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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended). Mrs C has provided consent for Ms B to bring the complaint for her.
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)

Back to top

How I considered this complaint

5. I considered:
• Information provided by Ms B, including during a telephone conversation.
• Information provided by the Council in response to my enquiries.
• The Housing Grants, Construction and Regeneration Act 1996.
• ‘Home Adaptations for Disabled People. A detailed guide to related legislation, guidance and good practice’ guide published by the Home Adaptations Consortium.
6. Ms B and the Council 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

7. Mrs C lives at home with her husband, in a house which they own. Following a decline in health Mrs C could no longer access the upstairs of the house and needed an accessible bedroom and bathroom.
8. The Council can provide funding for housing adaptations that it finds are necessary and appropriate to meet a person’s needs. This is by a Disabled Facilities Grant.
9. The Council must then decide if it is reasonable and practicable to complete the works.
10. The Council should consider the potential solutions for adapting the home to meet the needs of the person. From the range of solutions, the Council should collaborate with the person, family, and relevant carers to identify the most appropriate solution.
11. The Council decided to meet Mrs C’s need for safe access to a suitable room for sleeping, by separating the through lounge to create a separate bedroom and living room. This meets Mrs C’s preference to sleep downstairs, rather than the option of a lift.
12. The Council decided to meet Mrs C’s need for safe access to toilet facilities/accessible showering facilities, by adapting the downstairs bathroom with a level access shower.
13. The family accepted the bathroom adaptations but were unhappy with the location of the bedroom.
14. Mrs C’s three children, including Ms B, have been taking turns to stay at their parents’ house and provide support. This gives Ms B a good understanding of Mrs C’s needs and challenges, and the challenges for her carers. Ms B explains that Mrs C will still try to get to the bathroom, even though the Council has supplied a commode. Mrs C will often not make it in time and will defecate on the floor, resulting in carers needing to clean both Mrs C and the floor. Therefore, the family feel Mrs C needs a bedroom next to the bathroom. The children wish to remove the need for them to provide support, as it significantly impacts their work and home life. But they worry how Mr C will cope as the main carer with the Council’s proposed scheme.
15. The Council considered the preferred scheme of converting the garage to a bedroom. The Council has rejected this as it is not reasonable and practical. The Council explains it cannot agree the garage conversion as it does not allow enough space and does not meet relevant building regulations. The Council also will not offer its ‘Cost Equivalent Grant’ to allow the family to go ahead with their preferred scheme, because the Council does not agree it is a feasible solution.
16. The Council is satisfied the scheme it has offered is sufficient to meet Mrs C’s needs, including the distance between the bedroom and bathroom, and the bedroom conversion still leaves a large enough living area. The Council has suggested if the family feel the lounge will not be large enough, they could convert the garage to an extra living space.
17. In reaching its decision the Council has visited the property several times to measure up, and to talk to the family and consider their view. It has considered the views of other professionals involved and considered various options for adapting the property. The Council has properly explained its decisions to the family.
18. The Council has completed the bathroom works, but not the bedroom works. The reason it has not completed the bedroom works is because the family have not agreed the proposed works.

My findings

19. I must now consider whether there was fault by the Council which has caused an injustice. If there is I will recommend actions it can take to acknowledge that and to put things right.
20. I understand the decline in Mrs C’s health and sudden need for more support, during the Covid pandemic, has meant significant challenges for her children. The children have acted selflessly and want the best for their parents, to enable them to remain in their own home as long as possible and as safely as possible.
21. The Council want the same thing. The Council must ensure it spends public money in the most cost-effective way to meet the person’s needs. It also must adhere to relevant building regulations, and law and guidance about disabled facilities grants. I am satisfied the Council has done this and there is no fault in its decision making, even though Ms B disagrees with it. To reach its decision the Council has visited the property several times, and fully considered the reasoning put forward by Ms B and professionals involved in Mrs C’s care.
22. I understand it might be easier if the garage was converted, but the Council has inspected and measured the space and explained why it is not reasonable and practicable and does not meet the requirements for a grant.

Back to top

Final decision

23. I have completed my investigation on the basis there is no fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman