London Borough of Barking & Dagenham (24 017 420)

Category : Children's care services > Disabled children

Decision : Upheld

Decision date : 02 Jun 2025

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about the Council’s delay in carrying out an occupational therapy assessment. This is because the Council has already taken suitable action to remedy the matters.

The complaint

  1. Mrs X says the Council delayed carrying out an occupational therapy assessment. Mrs X says that this delay was preventing works needed to make her home safer for her family.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
  2. 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

  1. I considered information provided by Mrs X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council said in March 2024 that it would do an occupational therapy assessment at Mrs X’s home. The assessment should have been done four months later in July 2024. However, it was not done until 11 months later in February 2025. This was because of delays by the Council and because the Council used an incorrect telephone number to try to contact Mrs X.
  2. The occupational therapy assessment said the Council did not need to take any action to meet the needs of Mrs X’s household. Therefore, although the assessment was delayed this did not cause a delay in the Council taking any further action.
  3. The Council apologised to Mrs X for the delay and carried out the occupational therapy assessment. The Council also paid £300 to Mrs X. It is unlikely we would recommend more if we investigated.
  4. The Council has remedied the issues raised by Mrs X in her complaint to us. There is no significant unremedied injustice for us to investigate.
  5. We note that Mrs X has disagreed with the content of the completed occupational health assessment. However, this is a new matter and is not for us to consider in this complaint.

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Investigator's decision on behalf of the Ombudsman

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