Summary: We will not investigate Miss X’s complaint about the Councils refusal to install a bath in her property. The complaint is late and there are no good reasons to exercise discretion to investigate it now. We will not investigate any complaint about the recent re-assessments because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Miss X complained that an Occupational Therapist report has meant she cannot have a bath installed in her property.
2. She said that she needs a bath to support both herself and her child.

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The Ombudsman’s role and powers

3. 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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate 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 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

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

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My assessment

What happened

7. Miss X had a wet room installed in her property in 2016. She says this was not wanted.
8. She complained to the Council in 2023 and said that she wanted a bath to support both hers and her child’s needs.
9. In its response the Council said her complaint was about issues that were more than 12 months old. However, a Senior Occupational Therapist contacted Miss X and her GP surgery and advised a bath was not suitable for her medical needs.
10. An additional visit was made in May 2024 by the Living Well Team. After assessing her medical needs, the Council decided that a bath would not be suitable and advised Miss X she would need to fund this herself if she wanted to proceed with this.

My assessment

11. We usually expect people to complain to us within 12 months of the events they are complaining about. The complaint that the Council installed a wet room in 2016, which was not what Miss X wanted, is late. There is no evidence Miss X could not have complained to us earlier and no good reason for us to decide to investigate now.
12. Within the last 12 months, the Council has carried out further assessments and decided a bath would not meet Miss X’s medical needs. There is insufficient evidence of fault in the assessment process to justify us investigating any complaint about that further.

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Final decision

13. We will not investigate Miss X’s complaint about the Councils refusal to install a bath in her property. The complaint is late, and Miss X has provided no good reasons why the late complaint rule should not apply. We will not investigate any complaint about the recent re-assessments because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman