Leicester City Council (22 007 589)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 08 Dec 2022
The Ombudsman's final decision:
Summary: We will not investigate this late complaint about the Council refusing to pay for a walk-in shower. Ms X could have complained to us sooner and there is not a good reason for us to now consider historical events.
The complaint
- Ms X complained the Council refused to fund a walk-in shower for her brother,
Mr Y. The Council officer wrongly told them only people with wheelchairs would be eligible. Mr Y arranged to get the work done privately but the work was not satisfactory and he is out of pocket by about £3,000. This caused him distress. The Council has now made improvements. They want the Council to refund the cost that they shouldn’t have paid, apologise and make service improvements.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr Y asked the Council to fund a walk-in shower at his home. The Council decided in March 2021 it would not do so, as its Occupational Therapist assessed Mr Y as being able to shower using a different aid.
- Ms X complained to the Council at that time. She did not escalate her complaint to the Ombudsman, which she could have done. We expect people to bring complaints to us within 12 months of the date they became aware of the matter. There is not a good reason for us to now consider this late complaint.
- The work that Mr Y subsequently had done was arranged privately. While the Council later arranged modifications so the shower was safe for Mr Y to use, there was no indication its original decision was wrong. It is open to Mr Y and
Ms X to pursue the contractors directly, and consider action via the small claims court. The Council is not responsible for the cost of inadequate private works.
Final decision
- We will not investigate Ms X’s late complaint because she could have complained to us sooner.
Investigator's decision on behalf of the Ombudsman