Summary: Mr C complains about delays in adaptations for his father, Mr D. The Council is at fault for failing to properly approve a grant application and in its communication with Mr C. This has resulted in delays in Mr D’s adaptations, and caused Mr C frustration, time and trouble. To remedy the complaint the Council has agreed to make an apology, symbolic financial payment and service improvements.

The complaint

1. Mr C complains the Council delayed in providing adaptations to meet his father’s, Mr D’s needs. It has also caused frustration, time, and trouble in the process it has followed from the application stage to identifying suitable adaptations, and their installation. The delay has resulted in Mr D being unable to shower for over a year.

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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
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)

Back to top

What I have and have not investigated

6. 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)
7. While Mr C says there was delay prior to the matters he complains about there appears to be no reason why he could not have complained about them earlier. I have therefore begun my investigation from 24 July 2023 when the Council first issued the Disabled Facilities Grant (DFG) application form.
8. As some issues are ongoing, I have put an end date to my investigation of 28 May 2024. This covers when the Council initially considered Mr D’s DFG application to the date it decided the original plan was no longer viable.
9. I am aware some of these issues were covered in the Council’s response to Mr C’s original and ongoing complaints. However because they are interlinked and continuing I have decided not to look at matters from 28 May. If Mr C is unhappy with the Council’s current plan and matters from 28 May 2024 he will need to raise them separately.

Back to top

How I considered this complaint

10. I considered the information Mr C provided and the complaint correspondence. I made enquiries of the Council and considered:-
• its response to my enquiries;
• relevant law and guidance;
11. Mr C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

What should have happened

12. Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. Councils have a statutory duty to give grants to disabled people for certain adaptations. Before approving a grant, a council must be satisfied the work is necessary, meets the disabled person’s needs, and is reasonable and practicable.
13. In March 2022 the government issued non-statutory guidance “Disabled facilities Grant (DFG) Delivery: Guidance for local authorities in England.
14. This guidance advises councils in England on how they can effectively and efficiently deliver DFG funded adaptations to best serve the needs of local older and disabled people. It brings together and sets out in one place existing policy frameworks, legislative duties and powers, together with recommended best practice, to help councils provide an adaptation service to disabled tenants and residents in their area.
15. The March 2022 guidance identifies five key stages to delivering home adaptations:
• Stage 1: First contact with the service. Councils should ensure the public has access to information and advice about the DFG process.
• Stage 2: First contact to assessment and identification of the relevant works. An occupational therapist (OT) will assess the person’s needs and potential solutions through home adaptations.
• Stage 3: Identification of the relevant works to submission of the formal grant application. The person completes and submits the application form together with designs and costing for the works (where necessary).
• Stage 4: Grant application to grant decision. The Council will check the application and issue a decision letter. If a council refuses a grant, it must explain why.
• Stage 5: Approval of grant to completion of works. The works are arranged and carried out and the necessary quality checks made.
16. A council should decide a grant application as soon as reasonably practicable. In addition, the timescales for moving through the stages will depend on the urgency and complexity of the works required. The guidance gives the following timescales:
• Urgent and simple works – 55 working days
• Non-urgent and simple works – 130 working days
• Urgent and complex works – 130 days
• Non-urgent and complex works – 180 working days
17. The Council must ensure the work is completed within 12 months of the application approval. Once the work is complete, the council must pay the grant in full within 12 months of the application date.
18. The Council’s Disabled Facilities Grants and Associated Assistance Policy December 2022 says at Paragraph 5.5 “When a referral is received by the HIA, a letter and information pack will be sent to the applicant, providing details of their priority score, estimated waiting times and process”

What happened

19. Mr D lives with his son Mr C. Because of Mr D’s decreasing mobility Mr D asked the Council for an adapted bathroom. The Council sent Parts 1 and 2 of the DFG application form on 24 July 2023. Mr C returned the forms on 21 September and an authorisation form on 10 October. On 6 November the Council accepts it wrongly sent Mr D further forms to sign. The Council says this amounted to a four week delay. The Council says this did not cause Mr D injustice as there was a wait for the Building Adaptation Officer.
20. Mr C says the Council refused to adapt the bathroom as there was a step and were pursuing a vertical lift. Mr C says that as they had already waited a year and were unhappy about a vertical lift they privately paid for a stairlift.
21. The Council refused to repay the costs of the stairlift as it says it is not suitable to meet Mr D’s needs and was not safe. It said it would continue to look at installing a vertical lift and get quotes.
22. On 8 January 2024 Mr C contacted the Council to say he had received no plans for a vertical lift or bathroom nor an update on the Council’s actions. The Council responded saying the stair lift was unsuitable to meet Mr D’s needs as it did not cover all the steps. As Mr D spent large parts of the day on his own he would be at risk using the stair lift. The Council asked Mr C to agree to an adapted bathroom and vertical lift.
23. The Council assigned a contractor to visit Mr C but cancelled last minute on one occasion, and another failed to attend. On both days Mr D says he had to take time off work to meet with the contractor. Mr C asked the Council to change the contractor. Following a further prompt by Mr C the Council responded on 14 February apologising for the delay saying it may need to get building regulations because of underfloor piping. The Council said this should not cause delay as it could not complete the bathroom before the vertical lift. By 27 February the adaptations had not progressed. Mr C contacted the Council who responded the next day saying the Council needed building regulations and officers needed to complete the relevant forms with Mr C.
24. On the 23 April the scheme of works changed to that of an adapted bathroom only. This is because Mr C says the Council misled him on the size and footprint of the vertical lift. On 3 May Mr C asked the Council about when works would start on the bathroom. The Council responded on 7 May saying it firstly needed approval from a technical officer. On 9 May the Council changed the bathroom plans after it identified there was inadequate turning room in the bathroom to meet Mr D’s long term care needs. The Council later decided the only suitable provision was for a vertical lift and an ensuite shower room.
25. The Council accepts this should have been identified earlier and the bathroom was never in a position to have the adaptations that Mr D needed. In its complaint responses the Council agreed to make a symbolic payment of £200 and increased this to £450 in recognition of the delays and the impact on Mr C and Mr D. The Council has also produced a plan which addresses the procedural faults in this complaint and includes:-
• staff training;
• revised monitoring and sign off procedures;
• changing how internal emails are used.

Was there fault causing injustice?

26. I do not intend to reinvestigate matters where the Council has accepted fault. These include:-
• errors in information requests and internal email communication which caused delay;
• failing to provide updates to Mr D unless requested by him;
• inaccurate measuring;
• Mr D’s time in unnecessary appointments;
• conduct of certain staff members;
• the failure to offer Mr D a carer’s assessment.
27. My role is to say whether the actions the Council has offered to take is sufficient to remedy Mr D and where applicable Mr C’s injustice.
28. The Council has accepted there were delays in communicating and updating Mr C on the progress of the application and the works. This caused Mr C time, trouble, frustration and a need to unnecessarily take time off work.
29. The Council has accepted there was fault in its determination about whether it could adapt Mr D’s bathroom. It was not until 7 May 2024 eight months after the original application the Council realised there was an error and sought to amend the plans accordingly. The Council did not properly complete approving a DFG within six months of a valid application. This is fault. This caused Mr D three months, March to May of avoidable delay.
30. The Council has accepted there were flaws in the application process which caused Mr C time and trouble and preventable delay.
31. It does not appear the Council followed its Disabled Facilities Grants and Associated Assistance Policy which says people should receive a priority score, estimated waiting time and information about the process. This caused Mr C time and trouble in contacting the Council for updates and the next steps.
32. The Council has made a symbolic payment. The Ombudsman welcomes the Council’s actions in identifying and remedying injustice it has identified. However I do not consider this adequately addresses Mr C’s time, trouble and frustration in having various meetings cancelled and him having to contact the Council for updates.
33. Mr C says Mr D has not been able to have a shower. I therefore consider the £450 the Council has offered does not sufficiently address Mr D’s injustice. I have therefore recommended, and Council agreed, an increase in the financial remedy by £300 to £750. This remedy is up to May 2024. Should Mr C complain about any ongoing matters from this date the Council should consider whether any further remedy is warranted in its complaint response.

Back to top

Agreed action

34. I consider there was fault by the Council which caused Mr D and Mr C injustice. I consider the actions below are suitable to remedy Mr D’s and Mr C’s personal injustice and to improve future practice.
35. Within one month of the final decision the Council will:-
1. apologise to Mr C and Mr D for the faults in the Disabled Facilities Grant (DFG) application; and the frustration, time and trouble these faults caused them;
2. make a symbolic payment for the Council’s delay in approving a DFG application of £750. This is £450 the Council originally offered and an additional £300;
3. make a symbolic payment of £400 to Mr C for the time, trouble, and frustration the Council’s actions have caused him;
4. provide a work and communication plan for the delivery of current adaptations so Mr C has a timeline about when to expect completion of the different stages of the process.
36. Within three months of the final decision the Council will provide an update on the lessons learnt actions it has agreed to take.
37. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

38. I consider there was fault in the actions of the Council which has caused Mr D and Mr C injustice. I consider the actions above are suitable to remedy the personal injustice caused and improve future practice. I have ended my investigation and closed the complaint on this basis.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman