Summary: We will not investigate Ms X’s complaint about adaptations to her bathroom under the disabled facilities grant procedures. Although there was some fault, it has not caused enough injustice to start an investigation.

The complaint

1. Ms X complains the Council failed to carry out adaptations to her bathrooms following a recommendation from an occupational therapist (OT). Ms X says this has had a detrimental effect on her health and pain management.

Back to top

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 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)
3. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Towards the end of 2021, Ms X viewed a property with a Council Officer and an OT from the Housing Department. The OT’s notes record a discussion about the wetroom took place and the OT said it met Ms X’s mobility needs. Ms X asked about installing a bath but the OT advised against it because of the small size of the room. The OT’s notes record Ms X said she was happy with the property and the OT confirmed it was suitable to meet her needs.
7. Later the same month, Ms X contacted the Council’s Adult Social Case department which put her on its waiting list for an assessment. The Council says it should not have done this but should have refereed Ms X back to Housing.
8. An Adult Social Care OT assessed Ms X and her property in May 2022 and recommended a bath be installed to help manage Ms X’s pain from several health conditions.
9. The Council’s adaptation panel considered the issue in May and decided not to accept the latest OT recommendation. It accepted bathing assisted her with pain but a wet room almost met her bathing needs and so it was neither reasonable nor practicable to install a bath. Ms X appealed the decision but the Council did not uphold it. Ms X complained to us.
10. We will not investigate this complaint. The Council has admitted it should have passed Ms X’s request to Adult Social Care for an assessment back to Housing. However, its failure to do so did not cause Ms X a significant injustice. This is because the Council later considered her case and both OT recommendations before making its final decision. And because there was no fault in that decision-making process, we cannot question the decision itself.

Back to top

Final decision

11. We will not investigate Ms X’s complaint. Although there was some fault, it has not caused enough injustice to start an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman