Summary: Mr X complains the Council delayed dealing with a disabled facility grant. The Council delayed dealing with his application. Mr X suffered delay and avoidable distress. The Council should pay Mr X £500.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council delayed dealing with a disabled facility grant.
2. Mr X says he has suffered delay and avoidable distress.

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The Ombudsman’s role and powers

3. 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)
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 corresponded with Mr X about his complaint. I considered supporting documents the Council provided.
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.

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What I found

What happened?

7. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
• Mr X applied for a Disabled Facilities Grant (DFG) to install a shower in his property in August 2021.
• In May 2023, Mr X complained to the Council about the delays to his DFG application. Mr X’s application was passed to a contractor to undertake works to help with the Council’s waiting list in May 2023. The contractor proposed a design.
• The Council then removed the case from the contractor in July 2023. The officer responsible for Mr X’s case then left the Council and was replaced.
• In September 2023, Mr X’s DFG was approved and the Council informed Mr X.
• In February 2024 the Council contacted Mr X about his DFG, after Mr X chased the Council surveyor several times.
• The Council made a home visit to Mr X in April 2024 to discuss the DFG and to measure the bathroom.

Analysis

8. Mr X suffers from a variety of medical problems including sight, joint and mobility related issues.
9. The Council said in its complaint response in July 2023 to Mr X:
• “Please accept our apologies for the delays in the service you have received, our lack of communication during this time and the length of time you have been waiting..”
• “The delay was due to the high demand on the service for adaptations. This was exacerbated by building work being paused during the pandemic and difficulties recruiting to posts within this service area.”
• “We are sorry that we have failed to provide a good service on this occasion.”
10. The Council has told the Ombudsman that it is unclear what took place between September 2023 and February 2024.
11. Mr X says the Council refused to pay the DFG to him. The council will usually pay the grant to the builder. It cannot be paid to the applicant or to a family member. This is not fault by the Council.
12. It is clear there have been delays in respect of time periods before July 2023 and between September 2023 to February 2024.
13. Mr X says he experiences physical and emotional pain when he has to get into the bath, leaving him dirty humiliated and crying. He also says his life had to be put on hold as he could not carry out any internal decoration to his flat as the dust that the adaptation will cause will make it pointless.
14. This is fault by the Council. Mr X has suffered delay and avoidable distress.

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Agreed action

15. To remedy the outstanding injustice caused by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
• Pay Mr X £500.
16. The Council should provide us with evidence it has complied with the above actions.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman