The Ombudsman's final decision
Summary: We stopped investigating this complaint about adaptations to Miss X’s home. Part of the complaint is late. The rest of the complaint is about matters which the law says we cannot investigate.
The complaint
Miss X complains about the Council’s handling of her disabled child’s needs for aids and adaptations. In particular, that the Council: moved them into a new property instead of adapting their previous home; told her the property would be fully adapted to meet her daughter’s needs before they moved in 2016, which wasn’t the case; failed to provide the necessary aids and adaptations to enable her disabled child to safely access their home, including necessary works to make the property wheelchair accessible; refused to consider supporting the family to move to a property that can be better adapted to meet their needs.
As a result, Miss X says her daughter is unable to safely access all the necessary parts of their home.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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) 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)
How I considered this complaint
I spoke to Miss X about the complaint.
I made written enquiries of the Council, and considered its response along with relevant law and guidance.
Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot investigate late complaints unless we decide there is a good reason the complainant could not have complained to us sooner.
The part of Miss X’s complaint about the Council’s decision to offer them a new property is late. Miss X moved into the property in 2016. There is no reason she could not have complained to us sooner and so no reason to exercise discretion to investigate this part of the complaint.
Miss X also complains about the Council’s delay providing necessary adaptations to the property. Miss X is a Council tenant. The law says we cannot investigate complaints about the management of social housing by a council acting as a landlord. The Council makes adaptations to its own properties in its capacity as a landlord. Therefore, the Ombudsman cannot investigate this part of Miss X’s complaint. The Council’s handling of the adaptations has already been considered by the Housing Ombudsman Service, which is the appropriate Ombudsman for complaints about management of social housing.
Miss X also says the Council unreasonably refused to consider supporting the family to move to another home that could be better adapted. The Council says its policy is not to move households in already adapted properties unless necessary.
Applications from existing tenants to transfer to a different property are only in the Ombudsman’s jurisdiction if the applicant is applying to move for certain reasons called “reasonable preference criteria”.
Miss X’s disabled daughter has her own application to the housing register. This is the application which attracts reasonable preference and the Council accepted it. Therefore, any move by Miss X and her other children would be a general transfer of an existing tenant. We cannot investigate complaints about this type of transfer for the reason set out in paragraph four.
In any event, Miss X has not yet made an application to the housing register. If she does so, and the Council refuses it, she will have a right to review that decision.
Final decision
I stopped investigating this complaint. Part of the complaint is late. The rest of the complaint is about matters which the law says we cannot investigate.
Investigator's decision on behalf of the Ombudsman