The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council assessed her need for adaptations to her home. This is because it is unlikely we would find fault with the actions of the Council.
The complaint
Mrs X complains the Council refused to recommend adaptations to her home. Mrs X says she was unable to use her oven and needed a driveway so she could park her car close to her house. Mrs X says she ended up funding this work at her own expense and wants the Council to cover the costs.
The Ombudsman’s role and powers
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Social care authorities must promote ‘wellbeing’ when carrying out any of their care and support functions. Wellbeing includes the suitability of living accommodation. The Care Act 2014 recognises that suitable accommodation is one way of meeting care and support needs. Prevention is critical to the Care Act, and home adaptations are an example of secondary prevention.
Section 23 of the Care Act clarifies the existing boundary in law between care and support and general housing. Where housing legislation requires authorities to provide housing services, they must provide those services under housing legislation. However, this should not prevent authorities working together. The guidance states: “... community equipment, along with telecare, aids and adaptations can support reablement, promote independence contributing to preventing the needs for care and support. A local [social care] authority may wish to draw on the assistance of the housing authority and local housing services.”
Disabled Facilities Grants are provided under the terms of the Housing Grants, Construction and Regeneration Act 1996. District and unitary councils have a statutory duty to provide grant aid to disabled people for certain adaptations. Before approving a grant the district or unitary council must be satisfied the work is necessary and suitable to meet the disabled person’s needs and also reasonable and practicable.
The County Council is responsible for carrying out assessments of care needs in its area. In his case an NHS Occupational Therapist (OT) carried out two assessments of Mrs X’s home on behalf of the County Council to see whether adaptations were necessary.
In April 2019 an OT visited Mrs X’s property and found she was able to walk from her house to her car which was parked on he street. Mrs X said the disabled parking bay outside her house was sometimes used by non-disabled drivers. The Council said she should raise this with the District Council who manage Mrs X’s tenancy.
In January 2020 an OT found that although Mrs X was not able to use her oven she was able to safely use her hob and grill. The OT noted that Mrs X had not used the oven since moving into the property in 2018 but wished to have the option of using in in case she had guests. The OT suggested Mrs X purchase a small countertop oven but Mrs X rejected this as unsuitable.
Both OTs declined to refer Mrs X to the District Council for a Disabled Facilities Grant as they did not believe work Mrs X was requesting was necessary so she would not qualify for a grant.
It is unlikely we would find fault with the Council’s assessment of Mrs X’s needs. Mrs X herself has said that adaptations to her driveway would be desirable rather than necessary. In terms of adaptations to the kitchen the OT assessment notes that Mrs X has been able to manage without using her oven since moving into the property. Her request was based on the fact she would like to use her oven when she has guests. This would not be considered as a necessary adaptation.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we would find fault with the actions of the Council.
Investigator's decision on behalf of the Ombudsman