Summary: We will not investigate Miss X’s complaint about delays in the Council providing suitable equipment for her son and in completing an appropriate moving and handling risk assessment. This is because there is insufficient evidence of fault. In addition, an investigation would not lead to any further worthwhile outcomes.

The complaint

1. Miss X complains the Council has delayed in providing suitable equipment for her son and in completing an appropriate moving and handling risk assessment.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s son, Mr F, has care and support needs. In May 2024, the Council completed an occupational health assessment for Mr F which identified some equipment Mr F needed and follow up action needed. The occupational therapist (OT) noted a moving and handling risk assessment and support plan could only be completed once all equipment identified was in place.
6. The Council confirmed the equipment Mr F was assessed as needing was specialist equipment and needed to be ordered, including a shower chair. The Council ordered it without any delay following the assessment.
7. The shower chair arrived at the end of June 2024. However, the wrong supports were delivered. The Council was told of this in July 2024 and evidence shows the Council contacted the company to order the correct supports without delay.
8. At the end of July 2024, the OT visited to assess and fit all the equipment provided. It was identified during this visit that Mr F needed all his slings changed to slings with head and neck support. Records showed the Council ordered this equipment without delay. The slings were delivered at the end of August 2024.
9. Between September and October 2024, the Council said the OT attempted to complete follow up assessments to review the equipment. However, this was unsuccessful as the OT was unable to gain access into the property. Miss X says she was not made aware of any appointments made with her.
10. The case records also showed it was identified there had been a manufacturing mistake with the supports for the shower chair. The correct support was reordered in September 2024.
11. In response to our enquiries, the Council confirmed all required equipment had now been delivered and the OT had visited to demonstrate to the family and carers how to safely use them. A moving and handling risk assessment has also been completed, which Miss X agreed with.
12. The Council acknowledged there was still an issue with the shower chair. However, due to the chair being a specialist chair, they needed to wait for the company who made the equipment to resolve the issue and make the correct support. The Council said the chair could still be used in the meantime.
13. Review of the records showed that it has taken some time for all the equipment Mr F was assessed as needing to be delivered and set up. However, this was not due to any delay by the Council but instead due to the fact the equipment all had to be specially ordered. Therefore, we are not likely to find fault with the Council.
14. Further, it is accepted there is still an ongoing issue with the shower chair due to the wrong support part being delivered several times. However, again, this is not due to any fault by the Council as it has no control over the manufacture of the equipment.
15. Finally, it is acknowledged it took the Council some time to complete the moving and handling risk assessment. However, the records show this was due to the fact all equipment needed to be in place before it could be completed. As the risk assessment has now been completed, an investigation is not justified as it would not lead to any further worthwhile outcomes.

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Final decision

16. We will not investigate Miss X’s complaint because there is insufficient evidence of fault. In addition, an investigation would not lead to any further worthwhile outcomes.

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Investigator's decision on behalf of the Ombudsman