Summary: Ms X complained the Council had delayed since 2020 completing adaptation work in the bathroom for her son. Ms X said the work was done to a poor standard and remained incomplete. Ms X also complained the Council’s communication with her was poor. There was no fault in the Council’s actions.

The complaint

1. Ms X complained the Council delayed since 2020 completing adaptation work in the bathroom for her son. Ms X said the work was done to a poor standard and remained incomplete. Ms X also complained the Council’s communication with her was poor. Ms X said this caused her son distress, the delay in the adaptations caused her stress and often left the family without bathing facilities. Ms X wanted the Council to complete the agreed work in the bathroom.

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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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)
6. 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

What I have and have not investigated

7. Ms X complained about adaptations to her property that started in 2020. Some of these complaints are late complaints as Ms X has been aware of them for more than 12 months. There are no good reasons to investigate these complaints now.
8. Ms X complained to us in July 2024. I used my discretion to investigate further back than 12 months to look at events from March 2023. This was when the Council confirmed the adaptations to Ms X’s property had been completed. It was reasonable for Ms X to initially try to resolve the matter before coming to us.

Back to top

How I considered this complaint

9. I read the documents Ms X provided and discussed the complaint with her on the phone.
10. I considered the information the Council sent in response to my enquiries.
11. Ms X 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

Relevant legislation and guidance

12. Disabled Facilities Grants (DFGs) are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to give grants to disabled people for certain adaptations. Before approving a grant, a council must be satisfied the work is necessary, meets the disabled person’s needs, and is reasonable and practicable.
13. The work should be completed within 12 months of the grant being approved.
14. In March 2022 the government issued non-statutory guidance covering DFGs. This identifies five key stages to delivering home adaptations. The fifth and final stage is Stage 5: Approval of grant to completion of works. The works are arranged and carried out and the necessary quality checks made.
15. Once the Council has agreed a DFG it can either pay the applicant, who then pays the contractor or it can pay the contractor(s) directly.

What happened

Background information

16. In 2019 Ms X applied to the Council for a DFG for her son Y (a child) who has a disability. An occupational therapist (OT) completed an assessment of Y’s needs. They recommended several adaptations to Ms X’s property which included providing an electric thermostatically controlled over-bath shower and replacing the toilet for one with a secure seat.
17. The Council agreed the DFG and arranged for the work to be carried out by a contractor. Due to several reasons that are not relevant to this investigation the work on the bathroom was later repeated by a different contractor.
18. In September 2022 Ms X applied for a further DFG for work including another replacement bathroom for the benefit of Y. The Council agreed it would arrange and manage the works. The agreement Ms X signed showed the Council would not pay the contractor until it had inspected and agreed in writing with Ms X the works were satisfactory, unless it considered the work was satisfactory and there was no reason to withhold payment. The agreement said Ms X would allow council officers and contractors into the house to do the work and for other purposes connected to the works.
19. In late 2022 Contractor A completed work on the bathroom of Ms X’s property.
20. Ms X raised some issues she had about the finish of the bathroom in January 2023. She said the bath panel was not fixed properly and the toilet seat and basin moved.
21. In March 2023 following a site visit a Council officer decided the work had been adequately completed and paid Contractor A.

Events subject to this investigation

22. In May Ms X contacted the Council and said the basin was leaking and the extractor fan was not efficient. The Council contacted Contractor A who told the Council it had tried to look at the basin but Ms X said it was fixed and the fan was the right size of the bathroom. Contractor A said they had done the work to a good standard and would not work with Ms X anymore.
23. In September 2023 the Council asked for a quote from Contractor B to replace the fan. Contractor B provided a quote in December 2023.
24. In January 2024 Ms X complained the shower was not working. Contractor A returned to the property and said it had appeared to have been damaged. It said it would not complete any further work. Ms X also complained the toilet cistern and bath panel were moving, the tap had been attached with silicone and the light was not working properly. The Council told Ms X it would arrange for a new contractor to fit a fan and do the other snagging work.
25. In February the Council confirmed it had arranged for Contractor B to:
• repair or replace the light;
• replace the shower unit and hose;
• fix and re-seal the bath panel;
• secure the toilet cistern; and
• properly fit the bath tap.
26. At the end of the month Contractor B contacted the Council and told it that it had started the work but Ms X had asked it to leave her property as she was unhappy with the work.
27. In March 2024 Ms X complained to the Council about the delay in fixing the issues with the bathroom. Ms X said the fan was too noisy and the contractor was rude.
28. The Council contacted Ms X about the fan and agreed on which model to purchase. Ms X told the Council part of the shower was missing. The Council contacted Contractor B who said the shower was installed with all parts in place.
29. The Council responded to Ms X and partially upheld her complaint. It said:
• The fan was in line with building regulations but it had since offered a new faster and quieter fan. It said it had not previously known there was an issue with the noise. It asked Ms X to contact a Council officer if she wanted the new fan to be fitted.
• It would speak to the contractor about their conduct while representing the Council.
30. In April the Council conducted a site visit and recorded the work was adequate, but there were some minor snagging issues. Contractor B told the Council it would not return to complete any further work and Ms X had told them to leave.
31. The Council told Ms X it would need to find a new contractor to secure the toilet cistern and bath panel and replace the fan. In June it told Ms X Contractor C would be in contact within a week. It asked Contractor C to discuss with Ms X exactly what was needed.
32. In July Ms X complained to us.
33. Contractor C told the Council in July it had tried to arrange a date to complete work with Ms X but she said she was too busy now and would not be available until August.

My findings

34. For the reasons set out in paragraphs 7 and 8 I have investigated what has happened since the Council decided the DFG work was complete in March 2023.
35. Two months after the work was completed Ms X raised a concern about the efficiency of the bathroom fan. This was a new issue with the work. The Council asked Contractor A to return but when it refused to do so, it arranged for Contractor B to replace the fan. There was no fault in the Council’s actions.
36. Eight months after the work was complete Ms X raised new concerns about issues in the bathroom. Ms X says these relate to fault in the works. Given the passage of time, I cannot say, even on the balance of probabilities whether the issues were due to the quality of the work completed under the DFG. There is insufficient evidence of fault to justify investigating that point further.
37. However, the Council arranged for Contractor B to complete the work Ms X identified. Due to a breakdown in the relationship between Ms X and Contractor B, the Council arranged for Contractor C to complete the work. The Council kept Ms X updated at regular intervals. There was no fault in the Council’s actions. Although there has been delay in any remedial work being completed, this has been caused by the breakdown in relationships between Ms X and the contractors, and not fault or inaction on the part of the Council.
38. I have not investigated the cause of the breakdown in relationships between Ms X and the contractors. This is because further investigation on that point will not lead to a different outcome.

Back to top

Final decision

39. I have completed my investigation. There was no fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman