Summary: Miss X complained the Council had not done enough to provide adaptations for her home. We found the Council was not at fault, because Miss X’s landlord had not agreed to the adaptations. So, the Council could not pay a disabled facilities grant.

The complaint

1. I have called the complainant, Miss X. She is disabled. So is her son, ‘Y’, who lives with her and is of primary school-age. Miss X complains the Council has not provided adaptations she needs to her home.
2. Miss X says this leaves her and Y at risk of injury. They have fallen on the stairs and Y has slipped in the bath. Miss X finds it harder to help Y on the stairs and with personal hygiene as he gets older.

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The Ombudsman’s role and powers

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as housing associations or registered social landlords. (Local Government Act 1974, sections 25 and 34A, as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Before issuing this decision statement I considered:

• Miss X’s written complaint to the Ombudsman and information provided in supporting emails.
• Information provided by the Council including its replies to Miss X’s complaint and in answer to my enquiries.
• Relevant law and Government guidance.

7. I also gave Miss X and the Council opportunity to comment on a draft version of this decision statement. I took account of any comments they made before issuing this final version.

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What I found

The law and guidance on adaptations

8. The Council must give a disabled facilities grants (DFG) to disabled people for certain adaptations. This is when it decides the work is necessary, meets the disabled person’s needs, is reasonable and practicable. But if a disabled person rents their home, their landlord must agree to any grant works.
9. In March 2022 the government issued non-statutory guidance “Disabled facilities Grant (DFG) Delivery: Guidance for local authorities in England”. The guidance says that for complex adaptations the time between first contact with the Council service and grant works completing should usually not be longer than six months.

Key facts

10. Miss X lives in a four-bed house with Y. She rents it from a housing association (‘the landlord’). Miss X and Y are disabled.
11. The Council has a legal agreement with the landlord about how they will adapt properties for disabled tenants. The first step is the landlord will arrange for an Occupational Therapy (OT) assessment. This will decide what adaptations are needed.
12. The second step is the housing association must agree to the adaptations.
13. The third step is the landlord will apply to the Council for a DFG for the tenant. If the application succeeds, the Council and landlord will split the cost of the works (so the DFG application will be for 50% of the cost of the works).
14. Since 2018 Miss X has asked her landlord to adapt her home. This is because she and Y have fallen on the stairs and in the bathroom. They are at risk of further falls. Miss X finds it harder to help Y on the stairs and with his personal hygiene as he grows older.
15. In 2018 the landlord refused to adapt Miss X’s home. An OT said she needed a downstairs wet room. But the landlord said this was not practical.
16. The housing association offered to support Miss X with a move to another property instead.
17. In March 2021 Miss X contacted the Council. She was unhappy with her landlord. This was because it had not adapted her home and had not provided her with suitable alternative housing.
18. A senior manager from the Council housing services looked into Miss X’s case and wrote to her in April 2021. They explained in general terms how the Council provided DFGs. They explained what the Council knew about the landlord’s position and efforts to find Miss X alternative housing.
19. In May 2021 the landlord asked for an independent OT assessment to decide what housing Miss X needed. This found Miss X needed accommodation on one level, with a level access shower. It did not consider adapting her home. Following the assessment, the landlord wrote to Miss X explaining various choices for re-housing.
20. In May 2022 Miss X complained to the Council that it had not done more to help provide her with suitable housing. It wrote back saying it could not provide a DFG. This was because it needed an OT assessment recommending adaptations. But it said it would arrange for a new OT assessment. It would also arrange for an independent surveyor to see if the property could be adapted.
21. In this and later responses the Council explained the landlord must agree to the works, for the Council to approve a DFG.
22. In August 2022 the independent surveyor found it was practical to adapt Miss X’s home.
23. In August 2022 and January 2023 separate OT assessments considered the specific adaptations needed by Miss X and Y. The assessments said they both needed a through floor lift and a level access shower. Miss X also needed changes to her kitchen units. And Y needed better access to the garden through fitting a new rear door and ramp.
24. Since this time the landlord has still not agreed works with Miss X. So, it has not asked the Council to provide a DFG. Miss X has suggested other ways to provide the adaptations. There are ongoing discussions with an OT.
25. In addition, the landlord has questioned Miss X’s long-term future in the property. This is because she is ‘under-occupying’ her home (with two older children now having their own home elsewhere). Miss X cannot get housing benefit to pay the full rent and so must contribute weekly. A condition of accepting a DFG is that she intends to remain living there for five years.
26. In response the Council referred Miss X to a local advice agency. The agency has confirmed the property remains affordable for Miss X.
27. I note the landlord has also continued to write to Miss X to discuss the alternative of re-housing. Miss X has made clear she no longer wants this.

My findings

28. I start by noting how unsatisfactory it is that Miss X has been waiting so long to live in a home properly adapted for her needs and those of her son. The Government does not usually expect disabled people in her circumstances to wait more than six months for adaptations – once the Council becomes aware of their situation.
29. I know the Council only learnt about Miss X’s case in March 2021. But that means it has still known of her circumstances for two years. I have investigated its actions in this time.
30. I consider some of the Council’s communications with Miss X could have been clearer. It could have explained in April 2021 when it must provide DFGs for disabled tenants. It could also have explained the agreement it has with Miss X’s landlord. Also, that the landlord must agree any works. Its complaint responses could also have stressed these matters more.
31. But I recognise the Council had to reply on other matters also. For example, when Miss X asked questions about re-housing. It has also tried to communicate messages from her landlord at times.
32. I find that over the past twelve months it has tried to help Miss X get adaptations for her home. It arranged for an independent survey to check it was practical to adapt Miss X’s home. It arranged for an advice agency to check the long-term affordability of her home. These were sensible measures. There would be no point in pursuing a DFG if adaptations were not possible or the rent would become unaffordable.
33. I understand the distress caused to Miss X that even so, she is still waiting for adaptations. But I do not think there is more the Council can do here. It is relying on Miss X’s landlord to submit a DFG application. For this to happen, Miss X and the landlord must agree the works needed.
34. I have considered if the Council could have encouraged Miss X to apply direct to it for a DFG instead. But I do not think Miss X would be any better off. Because the landlord still has to agree to any DFG works.
35. I hope Miss X and the landlord can resolve their differences. And when the landlord submits a DFG application the Council will process it as quickly as it can. This is because of the long delays in this case which have been outside its control.
36. But I cannot find it at fault for not doing more to help Miss X.

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Final decision

37. I do not uphold this complaint as I find no fault by the Council. I have therefore completed my investigation.

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Investigator's decision on behalf of the Ombudsman