Summary: Miss X complains about the Council’s failure to provide her with the support she needs to access services. There was no fault in the way the Council has dealt with Miss X’s contact with it about her housing and Blue Badge application.

The complaint

1. Miss X complains about the Council’s failure to provide her with the support she needs to access services. She feels the Council does not take account of her vulnerability, mental health conditions or difficulties with written communication. She would like face to face meetings with Council Officers dealing with her to best meet her needs. She would like the Council’s help with applying for a House Purchase Grant, Blue Badge renewal and issues with her housing.

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What I have and have not investigated

2. Miss X says she has had issues with the Council since she was a child. I have limited the scope of my investigation to her interaction with the Council since January 2021.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. 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(i), as amended)

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How I considered this complaint

6. I have spoken to Miss X and considered the information she has provided. Miss X has also given permission for us to share information about her complaint with her mother, Mrs Y, who supports Miss X.
7. I have considered information the Council has provided in response to my enquiries.
8. Miss X, Mrs Y and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant guidance

9. The reasonable adjustment duty is set out in the Equality Act 2010 and applies to any body which carries out a public function. It aims to make sure that a disabled person can use a service as close as it is reasonably possible to get to the standard usually offered to non-disabled people.
10. Service providers are under a positive and proactive duty to take steps to remove or prevent obstacles to accessing their service. If the adjustments are reasonable, they must make them.
11. The duty is ‘anticipatory’. This means service providers cannot wait until a disabled person wants to use their services but must think in advance about what disabled people with a range of impairments might reasonably need.

What happened

12. Miss X is diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), Emotionally Unstable Personality Disorder, Post Traumatic Stress Disorder (PTSD) and other conditions relating to her mental health and learning. Miss X has been living in the Council’s area for most of her life. Miss X does not work and receives state benefits to cover her living costs.
13. Miss X lives in a three-bedroom property allocated to her by the Council. Until recently, she lived with her son, who also has learning difficulties and mental health conditions. Over the years, Miss X has raised concerns about various repair issues in her property with the social housing provider, acting on behalf of the Council.
14. Miss X wants to move out of her current property as she feels this is too big for her now that her son has moved out. Miss X has also said she would like to move out of the neighbourhood where she currently lives because of past traumatic incidents that have occurred, which still cause her anxiety and distress.
15. Miss X says she has approached the Council for help with the repairs issues in her current property and her wish to move to a smaller place. She is unhappy as she feels the Council has ignored her concerns or not provided her with help in a way that best meets her needs. Miss X says she would like to have face to face meetings with the Council Officers dealing with her queries as a reasonable adjustment.
16. Miss X has also said she has had problems with completing an application for a Blue Badge and felt the Council had not provided support with this that met her needs.

My findings

Housing

17. The Council has provided me with copies of its contact with Miss X about her housing. This has largely been between Miss X and the Manager of the social housing provider that is responsible for the flat where Miss X currently lives.
18. I can see that there has been considerable contact between Miss X, Mrs Y and the social housing manager over the years. This has included contact about various repair issues and general queries Miss X has had about moving.
19. There is also evidence of the social housing manager making visits to Miss X’s home to discuss the issues she has had over the years and to inspect any repairs that were needed or had been completed. The social housing provider has a site office close to Miss X’s home, which she has previously accessed for face-to-face assistance.
20. In response to my enquiries, the Council has told me it has contacted Miss X to ask her whether she still wishes to move to another property. The Council has explained it can arrange to provide Miss X with any further support she might need with reactivating her currently deferred housing application.
21. Having reviewed the content of the correspondence the Council has shared with me and the Council’s offer to provide further assistance, I am satisfied the Council appears to have had due regard to Miss X’s disabilities and the reasonable adjustments she may need.

Blue Badge

22. The Council has provided me with copies of Miss X’s application for a Blue Badge, which she made in April 2020. The Council assessed this application and asked Miss X to provide further information about her disabilities in June 2020.
23. The Council approved Miss X’s application following receipt of further information in March 2021. The Council has explained Miss X’s Blue Badge is not due for renewal until March 2024.
24. Based on the evidence seen, the Council appears to have provided the support Miss X requested when she made her Blue Badge application. Miss X asked to speak to the Assessor dealing with her application in December 2020 and they called and spoke to her the next day.
25. The Council’s website section for Blue Badge applications includes details about how an applicant can ask for reasonable adjustments or assistance with completing their application.
26. Based on this, I am satisfied the Council has appropriate measures in place to ensure it considers and, where appropriate, provides reasonable adjustments to meet a disabled person’s needs.

Comments on my draft decision

27. Miss X and Mrs Y have spoken with me to provide their comments on my draft decision. While they both accept my findings, they remain concerned that Miss X has not received consistency of support from the Council when she has approached it. In particular, Mrs Y feels Miss X significantly struggles with navigating the Council’s telephone system and locating relevant Council information online due to her cognition difficulties.
28. I understand from Mrs Y that Miss X has previously been assessed by the Council’s Adult Social Care Team but does not currently have an active care and support plan.
29. I have approached the Council to ask if there is any help it can offer to Miss X. The Council has agreed to consider whether its Adult Social Care and Housing Team can work together to assist Miss X with moving if she still wishes to do this. The Council has also said it can consider other ways in which it might be able to help Miss X with accessing its services.
30. While these are not formal recommendations or actions the Council must complete, I welcome its willingness to consider other ways in which it might be able to support Miss X.

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Final decision

31. I have completed my investigation with a finding of no fault by the Council.

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Investigator's decision on behalf of the Ombudsman