London Borough of Hackney (22 013 758)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 20 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to install a walk-in bath. There is not enough evidence of fault in how the Council made its decision to justify investigating.
The complaint
- Ms X complained about the Council’s decision not to install a walk-in bath at her property. She said the existing wet room does not meet her needs. She wants the Council to agree to install a walk-in bath.
The Ombudsman’s role and powers
- 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)
- 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The information provided by the Council shows an Occupational Therapist visited Ms X at her property to assess her bathing needs. Following that, the Council considered Ms X’s request for a walk-in bath at its Adaptation’s Panel. Ms X attended the Panel.
- The Council wrote to Ms X and said it would not install the walk-in bath because the existing wet room best met Ms X’s personal care needs. The letter to Ms X set out its reasons for this. Although Ms X is unhappy with the Council’s decision, we will not investigate this complaint. The Council considered all available information before making its decision. There is not enough evidence of fault to justify our involvement.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault in how the Council made its decision to justify investigating.
Investigator's decision on behalf of the Ombudsman