Summary: We will not investigate this complaint. This is because there is insufficient fault with how an Occupational Therapy assessment was concluded. We also cannot investigate complaints about councils acting in their capacity as social housing landlords, nor can we investigate the actions of the NHS.

The complaint

1. The complainant, who I will call Ms X complains on behalf of her mother, who I will call Ms Z. Ms X complains about the outcome of an Occupational Therapy (OT) assessment, which considered what adaptations were needed in Ms Z’s home. Ms X also complains that the Council delayed carrying out other adaptations and other improvement works to Ms Z’s home. Finally, Ms Z complains that a community health doctor prescribed Ms Z with incorrect medication.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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 about councils and certain other bodies. We cannot investigate the actions of bodies such as the NHS. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

8. Ms X lives with her mother, Ms Z, in a social housing property owned and managed by the Council. Ms Z has Dementia and Alzheimer’s. In January 2020, an OT assessment was carried out at the property and reported that Ms Z was eligible for adaptations to the kitchen and bathroom.
9. Ms Z was dissatisfied with the OT assessment and said that further adaptations were necessary. A further OT assessment was carried out in June 2021, but the OT concluded that, because of Ms Z’s level of mobility, no further adaptations were necessary. The Council wrote to Ms Z and informed her of its decision. Ms X has since contacted the Council and asked for a further OT assessment to be carried out, but it has refused as it does not consider this to be necessary.
10. I will not investigate Ms X’s complaint about the outcome of the assessment. This is because there is insufficient evidence of fault in how the Council considered the matter. It has carried out two assessments of the property and considered relevant information regarding Ms Z’s mobility when reaching its decisions. Without any evidence of fault, we cannot question the merits of the Council’s decision. Ms X may strongly disagree with the outcome, but that does not mean the Council has done anything wrong.
11. I cannot investigate Ms X’s complaint that the Council delayed the adaptation and improvement works to Ms Z’s home, this is because we have no power to investigate a council when it is acting as a landlord. Carrying out adaptations to social housing are landlord duties and responsibilities.
12. I also cannot investigate Ms X’s complaint that a community health doctor wrongly issued medication to Ms Z. This is because it is the NHS, not the Council, that is responsible for the prescribing of medication. The Parliamentary and Health Care Ombudsman (PHSO) investigates complaints made about NHS services.

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Final decision

13. I will not investigate this complaint. This is because there is insufficient evidence of fault in how the Council’s OT assessed Ms Z’s home. We cannot investigate complaints about Council’s when they are acting as a landlord, and we cannot investigate the actions of the NHS.

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Investigator's decision on behalf of the Ombudsman