The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mrs X’s concerns about Occupational Therapy assistance. This is because we are unlikely to find evidence of fault.
The complaint
Mrs X complains that the Council is failing to provide her with social care assistance she needs due to her physical health. Mrs X would like the Council to fund a ground floor extension for a bedroom downstairs.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council. I also spoke to Mrs X today.
I considered the Ombudsman’s Assessment Code.
My assessment
We previously considered two complaints - 23001859, 23007915 - from Mrs X last year. We did not uphold either. Those complaints were similar to this one, in that they are concerned with Mrs X’s views she should be receiving more services from the Council than she is at present.
Turning to this complaint, Mrs X was visited by a senior officer from the Council’s Occupational Therapy service. The officer did not find grounds to justify Mrs X’s preference for the Council funding a ground floor extension to Mrs X’s home. The officer did find that they could recommend a stair lift once Mrs X filled in a financial assessment form. Then if Mrs X was found to be entitled to funding, she could use any Disabled Facilities Grant award towards the cost of an extension. The officer noted that Mrs X refused to be assessed financially so no further action was taken.
The officer found Mrs X had no other needs for aids and adaptations.
I will not investigate as we are unlikely to find evidence of fault in the Council’s decisions here.
I should add that this complaint is technically premature under our jurisdiction as Mrs X’s complaint has not been investigated by the Council. I have exercised discretion to consider it now.
If Mrs X changes her mind, she should contact the Council directly to enable a financial assessment to go ahead.
Final decision
We will not investigate Mrs X’s complaint because we are unlikely to find evidence of fault.
Investigator's decision on behalf of the Ombudsman