The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about disrepair in her home. That is because we cannot investigate the Council where it is acting as a social landlord. We will not investigate her complaint that her mother cannot safely access the garden. The Council has agreed to progress the access issues through a Disabled Facilities Grant. Further investigation would not lead to a different outcome.
The complaint
Ms X complained the Council had failed to safeguard her mother, Ms Y, by ensuring their home was fit for habitation. She said the property had damp and mould which was affecting Ms Y’s health and forcing her to sleep in the living room. She said Ms Y also could not access the garden safely. Ms X wants the disrepair in the property rectifying and the Council to install patio doors.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms X’s complaint the Council has failed to safeguard Ms Y because of the condition of their home. That is because Ms X and Ms Y are social housing tenants. We have no jurisdiction to investigate a council where it is acting as a landlord. Carrying out adaptions and repairs to social housing are landlord duties and responsibilities. That includes her concerns about the mould and damp and any delay in remedial works. The Housing Ombudsman Service deals with complaints about social landlords.
Ms X also complained that Ms Y cannot safely access the garden. The Council completed a Care Act assessment for Ms Y in September 2023 following her discharge from hospital. That assessment recommended a referral to Occupational Therapy (OT) around access to the garden and the potential need for toileting adaptations.
The Council agreed to install patio doors following a visit in March 2024. It said it would fund these through a Disabled Facilities Grant. To progress the patio doors, it contacted Ms X and said it needed to visit the property with a surveyor.
That month, the Council also completed the OT assessment. The OT assessed Ms X as needing an adapted toilet. Ms X asked for that to be completed as part of wider bathroom renovations.
We will not investigate this complaint further. Although there was a delay in the Council completing the OT assessment, we cannot say the delay caused a significant injustice. That is because the toileting adaptations are to be completed as part of a bathroom renovation that has not started yet. Therefore, it has not delayed access to a needed adaptation. And, although lack of access to the garden is frustrating, any injustice caused by this is not significant enough to justify our involvement. The Council has agreed to install a patio door. Further investigation by the Ombudsman will not lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman