Summary: Mr X complained about an assessment of his needs and a delay in carrying out the disabled adaptations the assessment recommended. We have discontinued our investigation on the basis there is no evidence of fault causing injustice by the Council and there are other organisations better placed to consider some aspects of the complaint.

The complaint

1. Mr X complained about:
1. the assessment of his bathing needs, which he said was not sufficiently comprehensive and did not identify all his needs; and
2. the Council’s delay in carrying out the disabled adaptations recommended by the assessment.
2. Mr X said that, as a result of these failings, he has not been able to have a bath or shower safely for many months.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
6. For cases involving council tenants, where the council is both the adult social care authority and the social housing landlord, areas of complaints may be within our jurisdiction and other parts are for the Housing Ombudsman. (Memorandum of Understanding between The Housing Ombudsman - following the amendments to the Housing Act 1996 as a result of the Localism Act 2011.)
7. Of relevance to this case:
1. complaints about improvements to council homes, including disabled adaptations are for the Housing Ombudsman Service;
2. complaints about mandatory or discretionary home improvement grants, such as the Disabled Facilities Grant scheme are for the Local Government and Social Care Ombudsman;
3. complaints about assessments carried out under the Care Act 2014 by social care councils are for the Local Government and Social Care Ombudsman; and
4. complaints about occupational therapists working for an NHS Trust are for the Parliamentary and Social Care Ombudsman.
8. 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

9. I considered:
• the information Mr X provided and spoke to him about the complaint; and
• the information the Council provided and spoke to officer 1, a service manager for the Council.
10. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background

Disabled Facilities Grants

11. Disabled Facilities Grants (DFG)s are capital grants that are available to disabled people of all ages and in all housing tenures (i.e. whether renting privately, from a social landlord or council, or owner-occupiers) to contribute to the cost of adaptations to enable eligible disabled people to continue living safely and independently at home. People can apply, in writing for a DFG, so long as their application contains certain specified information. (The Housing Renewal Grants Regulations 2016)
12. Eligible council tenants can apply for a DFG in the same way as any other applicant. However, the Council is required to self-fund home adaptations for council tenants through the housing revenue account. Before approving a grant, a council must be satisfied the work is necessary and appropriate to meet the disabled person’s needs and it is also reasonable and practicable to carry out the works.

What happened

13. Mr X has significant visual impairments and some mobility issues. He told us his GP made a referral for an occupational therapy (OT) assessment to consider whether he needed disabled adaptations, but there was a delay of three years before the assessment was completed.
14. The OT assessment was carried out in July 2022. It said Mr X needed a level access shower, dark blue grab rails, and a specialised lighting system. Mr X is unhappy with the dark blue for the grab rail and thinks it should be a lighter colour.
15. A copy of the OT assessment was sent to the Council and it agreed to carry out the recommended works.
16. The Council said it usually carries out repairs and improvements to council homes itself, but a backlog has built up due to the COVID-19 pandemic. During 2022, it therefore sought a private contractor to assist it to carry out agreed works and it appointed a contractor in November 2022. It agreed that the works needed to Mr X’s home would be included in the first batch of adaptations to be carried out by the contractor.
17. Also, in November 2022, Mr X complained about the delay in carrying out the work. The Council responded by telephone, which is Mr X’s preferred communication method, in early December. It said the contractor would be in touch soon to arrange a survey prior to works being done. Mr X asked it to consider the complaint at stage 2 and the Council responded on 22 February. It said it needed access to the property to carry out a survey, following which it would need to remove any asbestos before the works could be carried out.
18. The survey was completed but Mr X told the Council he wanted to put the works on hold. This was because he was unhappy with some aspects of the proposed works including:
• the choice of flooring offered. The Council offered five colours of floor tile, at least two of which would provide the necessary contrast the OT recommended to meet Mr X’s visual impairment needs;
• the proposed glossy white wall tiles. The Council has since spoken to the OT, who has confirmed that glossy tiles could affect Mr X’s vision and the Council will now offer matt white tiles; and
• the colour of the grab rail. The OT recommended a dark blue but Mr X considers a lighter colour would be more appropriate. The Council said it would install a grab rail in line with the OT’s recommendations for Mr X.

My analysis and findings

19. Mr X complained about a delay in carrying out an OT assessment, following a GP referral. My enquiries have established the assessment was carried out by an OT working for an NHS Trust, following a request by Mr X to his GP. Since the Council was not involved in requesting the assessment and is not responsible for assessing his needs under the Care Act 2014 (that responsibility would lie with the County Council), I cannot hold the Council responsible for any delay in carrying out the assessment nor for any alleged failings with it. I cannot investigate the actions of an NHS Trust.
20. The Council did not consider whether Mr X could apply for a disabled facilities grant (DFG), which it could have done. Council tenants can apply for a DFG although, if agreed, they are funded differently. A council may be at fault if it fails to consider whether an applicant is eligible for a DFG and instead requires them to move to another property. In this case, the Council agreed to carry out the works the OT recommended, and the works would not have been carried out more quickly if Mr X had applied for a DFG. Therefore, even if I were to say the Council was at fault, , any failure to consider a DFG did not cause Mr X an injustice.
21. The Council is required to provide adaptations to meet the assessed needs: it does not need to provide the fittings an applicant wants. Therefore, it was appropriate for the Council to check with the OT whether the proposed works were suitable to meet Mr X’s needs and this is not fault. It has confirmed that its contractor can carry out the works within a few weeks if Mr X agrees to the proposals.
22. Mr X complained about a delay in carrying out the works following the OT assessment in July 2022. The Council accepts it has a backlog, resulting from restrictions to prevent the spread of COVID-19. It has taken appropriate steps to address the backlog by identifying a contractor to assist it. That said, complaints about delays in carrying out improvements on council homes are for the Housing Ombudsman Service.

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Final decision

23. I have discontinued my investigation. There is no evidence of fault causing injustice in relation to any failure to consider whether Mr X could apply for a disabled facilities grant. And there are other bodies better placed to consider Mr X’s concerns about the quality of the occupational therapy assessment and any delay in carrying out the agreed works.

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Investigator's decision on behalf of the Ombudsman