Summary: Mr X complained the Council had not completed its Occupational Therapy assessment after his request for an extra toilet in 2022. He said this impacted his family’s health. There was fault in the way the Council did not complete the assessment within a reasonable timescale. The delay frustrated Mr X and he spent time with the uncertainty of not having a response to his application. The Council has agreed to apologise and make a financial payment.

The complaint

1. Mr X complained the Council had not completed its Occupational Therapy (OT) assessment after his request for an extra toilet in 2022. He said this impacted his family’s health.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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

4. I read Mr X’s complaint and spoke to him about it on the phone.
5. I considered information provided by Mr X and the Council.
6. Mr 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

Background information

7. Under the Chronically Sick and Disabled Persons Act 1970, councils with social services functions have a duty to arrange for adaptations to a person’s home to secure their safety, comfort or convenience.
8. A council must decide if the proposed works are necessary and appropriate to meet the needs of the disabled person. It must also be satisfied it is reasonable and practicable to carry out the works given the condition of the property to be adapted.

What happened

9. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
10. Mr X moved house in September 2022. He applied for an OT assessment to adapt his home to provide a downstairs toilet to support his two children, who have additional needs.
11. Mr X complained to the Council in June 2023. He complained he was still waiting for the OT assessment he needed to decide if his children needed the downstairs toilet. Mr X provided a letter from the NHS that confirmed his children’s diagnosis.
12. The Council responded to the complaint the following day. The Council confirmed it had referrals for the two children. The response advised Mr X the Council received a lot of urgent referrals. The Council advised Mr X it would assign his case as soon as an OT was available.
13. Mr X was not satisfied with the Council response and asked it to escalate his complaint to stage two.
14. The Council provided its stage two response in July 2023. The response explained the Council had a categorisation system to manage the needs of the referrals. The Council told Mr X it would assign his case by August 2023.
15. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to do the OT assessment and complete the adaptations to his home.
16. The Council completed Mr X’s OT assessment in October 2023.
17. The Council issued its OT assessment in November 2023 offering support, rather than adaptation.
18. In response to my enquiries the Council stated it had completed Mr X’s assessment. It accepted a significant waiting time but said it had a fair system to work through referrals.

My findings

19. Mr X requested an assessment to create a downstairs bathroom in his new home in September 2022. The Council issued its decision in November 2023, after it completed the OT assessment. The Council took 14 months to complete the assessment.
20. There are no timescales detailed in legislation to complete an OT assessment. The Ombudsman expects a Council complete the assessment within a reasonable timescale. 14 months is not a reasonable timescale to complete the assessment and issue a decision.
21. The Council decided not to provide any adaptation to Mr X’s home. It decided to support Mr X in a different way. This is a decision for the Council to make. However, the delay making the decision is fault. This fault frustrated Mr X and he spent 14 months with the uncertainty of not knowing if he would get support.

Back to top

Agreed action

22. To remedy the outstanding injustice caused to Mr X by the fault I have identified, the Council has agreed to take the following action within 6 weeks of my final decision:
• Apologise to Mr X for the delay and not completing his OT assessment within a reasonable timescale. This apology should be in accordance with the Ombudsman’s new guidance Making an effective apology.
• Pay Mr X £200 as an acknowledgement of the frustration and uncertainty the delay caused.
23. The Council should provide evidence of the actions taken to satisfy the recommendations.

Back to top

Final decision

24. I have completed my investigation. I have found fault by the Council, which caused injustice to Mr X.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman