Councils pay cash following ombudsman ruling

By Sunil Peck

A disabled man was denied improvements to his bathroom for three years because of failings by Lincolnshire County Council and West Lindsey District Council, a local government ombudsman's report has found.

In the report, the ombudsman said that Mr J almost certainly experienced more pain as a result, and had to fight for a bathroom extension to meet his needs.

Mr J has haemophilia and arthritis and knocks and bumps can cause blood to leak into his muscles and joints.

In May 2004, he asked for his small bathroom to be extended so he could move around in his wheelchair without knocking into the fittings, have a shower during a bleed when he could not get into the bath safely and keep the bath so that he could soak his joints to relieve pain when necessary. The improvements were not agreed until June 2007.

Mr J complained about the way that both Councils dealt with his application for a disabled facilities grant (DFG) and the way that the County Council assessed his needs.

Sue Bott, Director of the National Centre for Independent Living (NCIL), said that Mr J's case reflected an increasing lack of concern for the needs of disabled among local authorities.

She said: "We are seeing more and more cases going to the ombudsman to be settled. I urge local authorities to improve their services and listen to disabled people because not only is it damaging to the individual when adaptations are not made, but it's a complete waste of tax payers' money."

The ombudsman found that Lincolnshire County Council failed to make comprehensive and accurate assessments that could translate into appropriate recommendations for adaptations; that it recommended unsuitable adaptations; that it failed to objectively and impartially review its position and take account of relevant information.

The ombudsman also found that the County Council did not do enough to resolve Mr J’s complaint and took too long to provide an independent occupational therapist.

The ombudsman found that West Lindsey District Council was slow to identify that it had not allocated enough funding for DFGs and that it took too long to transfer funds to that budget.

The report also found that both councils failed to fulfil their responsibilities in reasonable timescales and communicate effectively with Mr J and each other.

The ombudsman has recommended that both Councils should apologise to Mr J and pay him £4,500. The councils should also provide copies of new joint policies and procedures for dealing with disputes about DFG provision and details of how staff are trained.

Both councils have accepted the ombudsman's recommendations.

*The names have been changed