Summary: We cannot investigate Ms X’s complaint about adaptations made to her home. The law says we cannot investigate complaints about how the Council has maintained the property when it is acting as a social landlord.

The complaint

1. Ms X complained that the Council declined to implement Occupational Therapist’s (OT) recommended adaptations to meet her child Y’s needs. Ms X stated that this has had a negative impact on the quality of Y’s life and his ability to fully access his home. Ms X would like the Council to ensure that the OT recommendations are carried out.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X is a social housing tenant. She asked the Council for adaptations to her home to help her child, Y with their daily living.
9. A Council Occupational Therapist (OT) assessed Y’s needs and recommended adaptations for the main bathroom to enable safe and independent access. Ms X requested an alternative adaptation, which the OT did not support. We will not investigate the complaint about the OT assessment. The OT visited the property and provided their assessment with options for adaptations based on Y’s needs. There is not enough evidence of fault to justify an investigation.
10. The OT shared their recommendations with the Council’s Housing team. The Council, in its capacity as registered social housing provider, made modifications to Ms X’s bathroom as part of repair and improvements to her home.
11. Ms X complained to the Council regarding the changes to the bathroom which she regards as unsuitable. The Council said that they have contacted Ms X to conduct another OT assessment.
12. We cannot investigate Ms X’s complaint about the adaptations the Council completed in her property. That is because the law says we cannot investigate complaints about the Council’s actions when acting as a registered social housing provider.

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Final decision

13. We will not investigate Ms X’s complaint because the law says we cannot consider complaints about how the Council has completed any adaptations when acting as a registered housing provider.

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Investigator's decision on behalf of the Ombudsman