The Ombudsman's final decision
Summary: We will not investigate this complaint about the occupational therapy service. This is because we are unlikely to find evidence of fault.
The complaint
Mr X complains that the Occupational Therapy service have not recommended properly to his social housing landlord that he be provided with a bath. He says his landlord should have been told that he ‘must’ have a bath rather than just making a recommendation.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 no indication of fault to justify investigating (Local Government Act 1974, section 24A(6)) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
According to the information I have seen it seems the Occupational Therapy Service agree with Mr X that he should have a bath. I note it has recommended to his social housing landlord that he be provided with a bath.
Unfortunately, his landlord has refused the request to provide a bath.
I note the Occupational Therapy Service tried to manage Mr X’s expectations by forewarning him the final decision rested with his landlord. This is because his social housing landlord has ultimate responsibility for the fixtures and fittings in his property as per his tenancy agreement. I note the Occupational Therapy Service also advised him how to pursue a complaint against his landlord.
Final decision
We will not investigate Mr X’s complaint because there is no indication of fault by the Occupational Therapy Service.
Investigator's decision on behalf of the Ombudsman