Nottingham City Council (22 011 660)

Category : Adult care services > Disabled facilities grants

Decision : Upheld

Decision date : 22 Dec 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a Council Officer’s behaviour during a home visit. The Council has already apologised to Mr X, that remedies any injustice caused.

The complaint

  1. Mr X complained about how two Council Officers completed a visit to assess home adaptations for his wife, Mrs X. He said the Council had already approved the need for the adaptations, however on the visit the Council Officers attempted to invalidate that assessment, were hostile and made insulting remarks. He said their actions had caused significant distress. Mr X wants the Council to uphold the complaint in its entirety and provided financial compensation for the distress caused.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council had agreed to complete adaptations to Mr and Mrs X’s bathroom. Mr and Mrs X asked for it to also change the toilet and sink. The Council visited to assess the need for the additional adaptations. Mr X subsequently complained about the conduct of the Council Officers in that visit. He provided an audio recording of the visit.
  2. In the Council’s complaint response, it accepted that the Council Officer’s choice of words was not appropriate. It apologised for any hurt that caused. It explained the intention of the visit was to gather relevant information to provide the requested equipment and adaptations. It said there was no intention to invalidate any of the adaptations needed to support Mrs X at home.
  3. Although Mr X is unhappy with the Council’s response, we will not investigate this complaint. The Council has apologised to Mr and Mrs X, that remedies any injustice caused.

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Final decision

  1. We will not investigate Mr X’s complaint because the Council has already remedied the injustice caused.

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Investigator's decision on behalf of the Ombudsman

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