Summary: Miss B complained the Council failed to provide her with a wheelchair for use when she attended a day service. We found the Council to be at fault with the way it responded to the lack of wheelchair provision and its complaint handling. This caused distress and frustration. To remedy the injustice, the Council agreed to apologise, make a symbolic payment and take action to improve its service.

The complaint

1. Miss B complains about the Council’s failure to ensure she had access to a wheelchair when she attended a day centre.
2. Miss B is represented by her sister, Miss X, in making this complaint.
3. Miss X says this caused significant distress and frustration. Miss B has been denied access to activities and support because she is unable to access these without her wheelchair.
4. Miss X also complains about the Council’s complaint handling.

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The Ombudsman’s role and powers

5. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended).

7. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
8. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
9. 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(1), as amended)

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How I considered this complaint

10. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
11. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

Care Plan

12. The Care Act 2014 gives councils a legal responsibility to provide a care and support plan (or a support plan for a carer). The care and support plan should consider what needs the person has, what they want to achieve, what they can do by themselves or with existing support and what care and support may be available in the local area. When preparing a care and support plan the council must involve any carer the adult has. The support plan must include a personal budget, which is the money the council has worked out it will cost to arrange the necessary care and support for that person.

What happened

13. Miss B has a severe leaning disability and requires support for all her care and support needs. She is a wheelchair user, although can stand/walk for very short periods of time with assistance.
14. She has attended a day centre (The Centre) five days per weeks for several years. Her placement at The Centre is arranged and funded by the Council, and forms part of her assessed care and support plan. This includes transport between Miss B’s home address and The Centre.
15. In 2023, Miss X made a formal complaint about The Centre only allowing Miss B to take her wheelchair three out of the five days per week. This was because a spare wheelchair that had been kept at The Centre was no longer usable. Miss B needed her current (and only chair) to be returned with her every evening and not kept at The Centre.
16. Miss X complained to the Council in 2023. She told the Council this meant Miss B could not participate in many activities and her well-being was being affected. There was also a risk to her safety and that of others due to Miss B’s challenging behaviours. She also believed Miss B was being discriminated against because of her disability, particularly as the Council’s only suggestion was for Miss X to arrange private transport for Miss B, unlike other service users.
17. According to Miss X, in response to her complaint, she was told the Council would “get back to her” about the wheelchair issue. Miss X asked when this would happen. She did not receive a response.
18. Miss X complained to the Head of Service again in July 2024, explaining the wheelchair issue had still not been resolved, and Miss B was still only able to take the wheelchair on the bus three days per week. Her further complaint had been prompted by her being told they should look for another service by The Centre Manager. She advised the Council Miss B’s occupational therapist (OT) had recommended Miss B should have access to her wheelchair at all times.
19. The OT sent a follow-up letter of support in September 2024. She highlighted the potential risks of Miss B being without her wheelchair and also that the Council was paying for a transport service that was not being provided by The Centre.
20. In response to the Ombudsman’s enquires, the Council:

• accepted Miss B should have access to a wheelchair when attending The Centre;
• explained funding and provision of a wheelchair fell outside of the Council’s legal remit;
• had unsuccessfully tried to get charitable funding for another wheelchair;
• confirmed The Centre had now taken action to ensure Miss B was taken every day with her wheelchair, via a different provider; and
• was unable to provide a copy of the complaint response from May 2023. It said a letter was not sent because it was actively working with the family on the wheelchair issue.

Analysis

Wheelchair provision

21. Weekday attendance at The Centre, including transport, was included in Miss B’s care and support plan. The Council had a duty to provide this service. It is clear from the evidence I have seen that Miss B is, for the most part, a full-time wheelchair user. Miss B’s reliance on her wheelchair to participate in day-to-day activities is confirmed by the OT.
22. In response to my enquiries, the Council accepts Miss B must be able to access her wheelchair whilst at The Centre, and has now put arrangements in place to ensure both she and her wheelchair are transported to and from The Centre.
23. The case records fail to provide an explanation as to why Miss B was unable to take her wheelchair to The Centre for only part of the week. This was a decision by The Centre, not the Council. But because the Council commissioned this service, it remains responsible for the decisions made by The Centre. The evidence I have seen also satisfied me the Council did not do enough to question The Centre’s position, as it should have does.
24. I am satisfied this decision amounted to fault.
25. While I welcome the positive response to my enquiries, it should not have taken so long for consistent wheelchair transport to be provided. Miss X first complained about this problem in 2023, so it has taken approximately two years to find a solution, despite a significant amount of admirable time and effort by the OT trying to resolve the issue. It should not have taken Miss X having to bring her complaint to the Ombudsman to achieve the outcome sought by her on behalf of her sister. This lengthy delay is further fault that caused significant distress and frustration. This injustice requires a remedy.

Complaint handling

26. It is disappointing the Council has been unable to provide a copy of its 2023 complaint response. The case records show Miss B thanked a senior officer for partially upholding her complaint in May 2023 which tells me there was a reply, albeit one she says did not offer any meaningful outcome regarding the wheelchair problem. I have also seen the cover letter on behalf of the Head of Service dated 19 May 2023. This prompted Miss B to complain again in July 2024. The Council failed to reply. After waiting nearly, a year for the Council to resolve the issue, Miss X brought her sister’s complaint to the Ombudsman in March 2025.
27. There is clear fault with the Council’s complaint handling, both in 2023 and 2024, as evidenced by the failure to respond to Miss X’s complaints. The Council’s complaints procedure expects a response to be provided within 20 working days. I am satisfied this caused significant distress and frustration to Miss X. This is justice requires a remedy.

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Agreed action

28. When a council commissions or arranges for another organisation to provide services we treat actions taken by or on behalf of that organisation as actions taken on behalf of the council and in the exercise of the council’s functions. Where we find fault with the actions of the service provider, we can make recommendations to the council alone. Here we have found fault with the service of The Centre and made the following recommendations to the Council.
29. The Council has agreed to take the following action withing four weeks from the date of my final decision.
1. Apologise in writing to Miss X and Miss B.
2. Pay Miss B £500, to acknowledge her distress and frustration caused by the Council’s failure to provide consistent wheelchair transport.
3. Pay Miss X £250, to acknowledge her distress and frustration caused by the Council’s poor complaint handling.
4. By training or other means, remind relevant officers of the need to ensure complaint handling timescales are complied with.
30. The Council should provide us with evidence it has complied with the above actions.

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Final decision

31. I find fault causing injustice. The Council has agreed to take action to remedy the resulting injustice. On this basis, I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman