Summary: Mr X complains about how the Council handled an application for a Disabled Facilities Grant (DGF) for home adaptations for his son, Y. We have concluded our investigation having not made a finding of fault. The evidence demonstrates the Council followed the correct process when assessing Mr X’s application for a DFG. An Occupational Therapist visited Mr X’s home to conduct an assessment on two occasions and reached a professional judgment regarding the adaptations required which were completed. It is not for our service to intervene to offer a different view, nor can we criticise decisions made properly.

The complaint

1. Mr X complained about the Council’s handling of an application for a Disabled Facilities Grant for home adaptations for his son, Y. Mr X also complains about how his complaint was processed by the Council. Mr X would like the Council to process his application in accordance with the correct process.

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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. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. I spoke with Mr X and considered the information he provided. I also made enquiries with the Council and considered the information it provided in response. Mr X and the Council were offered an opportunity to comment on my draft decision and I consider their comments and the information provided before making a final decision.

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What I found

Relevant law and guidance

Disabled Facilities Grants

6. Disabled Facilities Grants (DFG) 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)
7. S19(1) of the Housing Grants, Construction and Regeneration Act 1996 sets out that a tenant can apply for a DFG. The definition of a tenant includes a secure tenant and an introductory tenant. These are both types of council tenancies.
8. Government guidance (Disabled Facilities Grant (DFG) delivery: guidance for local authorities in England) published in March 2022 sets out that ‘disabled Facilities Grants are capital grants that are available to 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’. The guidance says ‘Eligible council tenants can apply for a DFG in the same way as any other applicant. However local housing authorities with a Housing Revenue Account (HRA) should self-fund home adaptations for council tenants through this 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.
9. Usually, the Council relies on the opinion of an occupational therapist (OT) to decide what is ‘necessary and appropriate’.

The Council’s DFG Policy

10. The Council’s policy sets out how to make an application. It states:
• An Occupational Therapy Referral Form should be completed, or contact made with its Access Support to request support around adaptations.
• The referral will be passed to the Occupational Therapy Team who will conduct an initial paper assessment for adaptations.
• If the application passes the paper assessment, then an Occupational Therapist will be allocated to the case and will arrange a home visit so that a formal assessment can be conducted.
• If the cost of the facilities/adaptations is less than £1,000, the facilities/adaptations will be arranged by the Occupational Therapist, on the basis of need. If the costs of the facilities/adaptations are more than £1000, the OT will make a referral for a DFG to Homes and Neighbourhoods. The OT will make a decision on what adaptations are necessary and appropriate before making a referral to the Homes and Neighbours or Partners.
11. The policy states that the applicant will be notified in writing of the outcome of their application within 6 months of the date of their referral.

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What happened

12. I have included a summary of some of the key events in this complaint. This is not intended to be a comprehensive account of everything that happened and does not mean that I have not considered all the information presented to me.
13. In late-January 2023, Mr X requested an Occupational Therapy assessment for disability adaptions for Property A, a property provisionally offered to Mr X.
14. In February 2023, the Council liaised with the Social Communications Team (SCT) at Whittington Health (NHS Trust). The SCT advised the Council that it had assessed Property A, identified several risks and had recommended minor adaptions for the Council to action.
15. In March 2023, Mr X emailed the Council to requesting an update on when the Occupational Therapy assessment would take place. The Council advised Mr X that the family had been assessed by the SCT and that it did not feel it was necessary to complete a further assessment. Mr X informed the Council he was unhappy with the outcome of the assessment completed by SCT and wanted a further assessment completed.
16. In mid-March 2023, it was confirmed that Mr X had formally accepted the offer of Property A and would be moving into the property once the adaptations were completed. It was confirmed that the recommended adaptions by SCT would be completed shortly.
17. At the end of March 2023, Mr X emailed the Council requesting an Occupational Therapy home assessment. Mr X also informed the Council that the previously agreed adaptions had not all been completed.
18. In early-April 2023, the Council called Mr X to discuss the needs. The Council followed up in an email confirming that a home assessment had been completed by the Occupational Therapist at SCT and no DFG needs were identified. The Council says the identified risks had been reduced via home safety minor adaptations to the property. Later in April 2023, Mr X again requested an Occupational Therapy home assessment.
19. Between May 2023 and July 2023, the Council says it spoke with Mr X on several occasions regarding the adaptations work already recommended and gaining access to the property to complete the works.
20. In August 2023, the Council called Mr X and offered a home visit with Senior Occupational Therapist. Later in August 2023, the assessment took place. It was concluded that the adaptations were partially incomplete due to access to the property. One new need was identified, which was regarding kitchen safety. Mr X also reported that Y required a cot bed due to sleep difficulties and toileting difficulties.
21. In mid-August 2023, Mr X contacted the Council unhappy with the outcome of the assessment. Later in August 2023, the Council agreed to complete a second Occupational Therapy assessment due to Mr X’s on-going concerns. The Council also agreed to consider a cot bed but would require further information to determine if Y has engaged in sleep hygiene classes and/or behaviour management.
22. In October 2023, Mr X requested the assessment take place in November 2023.
23. In November 2023, the assessment took place. The outcome of the assessment was that further discussion would take place regarding the provision of cot bed, and the Council agreed to provide a small washbasin in the downstairs toilet if practical. The Council emailed Mr X a copy of the assessment.
24. In December 2023, Mr X requested the assessment be rewritten. Later in December 2023, Mr X complained to the regarding the outcome of the assessment. The Council informed Mr X the assessment would not be amended and that it had agreed on a discretionary basis to arrange fitting of a heater in the downstairs toilet. The Council also said that other minor equipment provisions and minor adaptions were also agreed on a discretionary basis with some requests declined and reasoning provided to Mr X.
25. Later in December 2023, the Council emailed Mr X’s its outcome letter provided Mr X with contact details for its adaptations team so it could complete the outstanding adaptations.

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Analysis

Did the Council follow its policy?

26. The Council’s policy for processing a DFG application is set out in paragraph 10. The policy sets out that once a referral has been made and an initial paper assessment completed, the application will be allocated to an Occupational Therapist so that a formal assessment can be undertaken.
27. Mr X asked the Council for adaptations to help with Y’s needs. The evidence demonstrates that an Occupational Therapist visited Mr X’s property to assess Y’s needs on two separate occasions; once in August 2023 and again in November 2023.
28. The original assessment document shows that the Occupational Therapist considered the information Mr X provided as to his concerns with the current property. This included concerns about the downstairs toilet having no handbasin and difficulties with the sleeping arrangements. Following the assessment, the Occupational Therapist recommended several adaptations which focused on increasing safety for Y when in the house.
29. Mr X expressed dissatisfaction with the assessment report, and so a reassessment home visit was arranged and completed in November 2023. Mr X expressed further dissatisfaction with the report, and requested amendments be made, which were declined by the Council. Mr X was informed that the assessment was written as seen by the Occupational Therapist and that proposed amendments would not be made unless necessary or agreed with.
30. Following conclusion of the report, the Council confirmed, together with the assessment undertaken by SCT prior to March 2023, and the assessments in August 2023 and November 2023 that:
• It would install a corner basin and electric heater in the ground floor toilet.
• It would not fund additional locks on cupboards as a lock has been fitted on the kitchen door to prevent access.
• It would not fund additional locks to the inside of kitchen, bathroom or bedroom doors as it did not recommend adults lock themselves into a room to prevent access for Y.
• It would fund a replacement star as a discretionary measure for the star locks already placed on all internal doors.
• It would board the glass above the front door.
• It would not place a star lock on the front door, as this would prevent timely escape in the event of an emergency,
• It would not fund insetting lights into the ceiling of the kitchen and toilet as the doors already had star locks to prevent Y entering.
• It would infill the spindles on the stairs.
31. The Council confirmed that these were their final recommendations following the assessments undertaken and that it would be in touch to arrange appointments for the work to be completed. The Council also said as it had not heard back from Mr X regarding permission to refer Y for therapy input to support stair mobility skills and behaviour strategies, it would close Y’s case. The Council advised Mr X to make contact again should Y require a new referral due to any changing needs.
32. I have not seen evidence that the Council have acted with fault. It completed a home visit assessment, including a further reassessment and reached a view on what adaptations were required. Mr X says the Occupational Therapy home visit assessment undertaken in November 2023 was not for the purpose of a DFG assessment, but I have not seen any evidence to demonstrate that the assessment was not used to consider the required adaptations for the property as part of his application. Further, this does not negate that the Council undertook a home visit assessment originally in August 2023. In this case, the Occupational Therapist is entitled to make a professional judgment regarding the adaptations required following their assessment. The records showed the Occupational Therapist was aware of Mr X’s concerns about the property but outlined why they considered the property to be suitable for Y’s needs. We cannot find fault with a decision if it has been properly reached.

The handling of Mr X’s application

33. Mr X maintains that his application has not been considered in line with the Council’s policy, specifically that he was informed he is not eligible for a DFG as he is a Council Tenant.
34. When I enquired with the Council, it said that whilst Council Tenants were eligible to apply for a DFG, it funds adaptations to its own properties from the housing revenue account. This is consistent with the guidance described in paragraph 8 which states ‘Eligible council tenants can apply for a DFG in the same way as any other applicant. However local housing authorities with a Housing Revenue Account (HRA) should self-fund home adaptations for council tenants through this account’. I am satisfied, as per my analysis above, that the Council considered Mr X’s application in the correct way, and carried out the adaptations which were recommended as part of the home visit assessments.

Complaint handling

35. Mr X also expressed dissatisfaction that his complaint was not considered under the Children’s Social Care complaints process, but instead the Council’s Adult Social Care complaints process. The Council explained to Mr X that the team responsible for DFG applications, including applications for children, is the Occupational Therapy Team, who are in its Adult Social Care Department.
36. I cannot say whether Mr X’s complaint going through the Council’s Adult Social complaints process would have had any had any bearing on the outcome of this complaint. However, on balance, as the complaint has been considered by the same relevant team who deal with such applications and has gone through a two-stage complaint handling process inline with our Complaint Handling Code, it is unlikely that this would have made a difference. As such, I do not consider that this has met the threshold as to make a finding of fault. And so, I have not found fault with the Council’s handling of Mr X’s complaint. I do however acknowledge that the Council has an alternative complaint handling process which this complaint was suitable to be considered under.

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Final decision

37. I have concluded my investigation having not made a finding of fault. The evidence demonstrates the Council followed the correct process when assessing Mr X’s application for a DFG. An Occupational Therapist visited Mr X’s home to conduct an assessment on two occasions and reached a professional judgment regarding the adaptations required which were completed. It is not for our service to intervene to offer a different view, nor can we criticise decisions made properly.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman