Summary: Ms M complains the Council has not adapted her bathroom to meet the needs of her disabled children. The Council’s Occupational Therapist has assessed Ms M’s children and did not identify any needs or recommend any adaptations. There is no fault by the Council. The Ombudsman cannot question decisions made without fault.

The complaint

1. Ms M complains the Council has not adapted her bathroom to meet the needs of her disabled sons.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question council decisions simply because the complainant disagrees with them. We must consider whether there was fault in the way the decisions were reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I have considered:
• information provided by Ms M; and
• information provided by the Council.
4. I invited Ms M and the Council to comment on my draft decision.

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What I found

5. Ms M has two sons. They live in a privately rented two-bedroom flat. Her oldest son has a condition which causes him pain when sitting or bending his legs for long periods. Her youngest son has sensory difficulties and has difficulty sitting in the bath. Ms M says they would both benefit from adaptations to provide a walk-in shower.

Disabled Facilities Grants

6. Councils must make grants to disabled people for essential adaptations to their homes. These are known as Disabled Facilities Grants. Grants are available to give disabled people better freedom of movement into and around their homes and access to essential facilities within their homes.
7. The law says that before making a grant, the Council must satisfy itself that the adaptations are:
1. necessary and appropriate to meet the needs of the disabled person; and
2. reasonable and practicable depending on the age and condition of the property.
8. Councils are responsible for assessing need and awarding grants. They do not normally carry out the work themselves.

What happened

9. In August 2018, an NHS Occupational Therapist (OT) wrote a “letter of support” for Ms M to give to a housing officer. The letter explained that Ms M’s youngest son had to stand in the bath to wash, and as Ms M’s flat was a loft conversion, there was limited headroom as he grew. The OT recommended a walk-in shower but noted the flat may be unsuitable for adaptation and the family may need to look for alternative accommodation. The OT recommended a council OT complete a comprehensive assessment of the family’s home.
10. Ms M asked the Council to arrange an OT assessment of both her sons.
11. On 29 November 2018, Ms M complained to the Council because the OT had not assessed her sons. The Council explained there was a waiting list because of the large number of requests for OT assessments and apologised for the delay.
12. The Council’s OT assessed Ms M’s youngest son on 4 December 2018 and her eldest son on 9 January 2019. The OT considered both children’s ability to use the bathroom. In both cases, the OT did not identify any physical functioning needs and did not, therefore, make any recommendations.
13. In March 2019, Ms M’s landlord served notice seeking possession of the property. Ms M must leave the flat by June 2019.

Consideration

14. The Ombudsman does not decide whether Ms M’s children require bathroom adaptations to meet their needs. This is the Council’s job. An Occupational Therapist has visited the family home and assessed the children, including their ability to use the bath. The Occupational Therapist did not identify any needs and does not consider the children require adaptations. The Ombudsman cannot question decisions taken without fault, no matter how strongly Ms M disagrees. There was no fault in the Council’s assessments.
15. In any case, Ms M’s landlord has served notice and Ms M must leave her home soon. The Council would not adapt a property Ms M is due to leave.

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Final decision

16. I have ended my investigation. The Council’s Occupational Therapist has assessed Ms M’s children and did not identify any needs or recommend any adaptations. There is no fault by the Council. The Ombudsman cannot question decisions made without fault.

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Investigator's decision on behalf of the Ombudsman