Ombudsman criticises failures of council after disabled teenager left without vital medical equipment

The Ombudsman’s investigation found that the teenager and their family remained in unsuitable accommodation for almost 18 months due to accumulated delays and other failures by the council.

A representative on behalf of the family told Barking and Dagenham the teenager could not use their wheelchair inside the flat, there was no space for a mobile hoist to help move them, and all  changes of the teenager’s position had to be carried out manually, posing a health and safety risk to the teenager and their carers.

According to the LGSCO, Barking and Dagenham – “after being clearly informed the property was unsuitable” – failed to consider whether the family might be legally homeless.

The local authority also delayed by five months completing an Occupational Therapy (OT) assessment, requested by the teenager’s hospital.

This left them to undergo major surgery before the council had gathered the basic information needed to understand the family's circumstances.

Following the surgery, all transfers had to be completed by hoist – equipment the family had no room to store or use in their current home.

Barking and Dagenham also failed to properly explain a decision about the family’s rights to housing or inform them of their right to appeal, the Ombudsman said.

There was also an eight-month delay in the council issuing a formal complaint response.

In this case the council has agreed to apologise to the family and pay them £1,200. It will also meet with them to explore their housing options.

Barking and Dagenham has agreed as well to improve guidance to complaints officers. It has also committed to producing action plans, with senior-level monitoring, setting out how it will identify potential homelessness cases at any point of contact and reduce OT waiting times.

Amerdeep Clarke, Local Government and Social Care Ombudsman, described the case as a “stark reminder of what can happen when processes fail a vulnerable child”.

She continued: “The teenager underwent major surgery and came home to a property where they could not use their wheelchair, could not access their medical equipment, and could not move around with the dignity and independence they deserved.

“That is a deeply troubling outcome, and one that may have been avoided had the council acted promptly.”

Clarke added: “There are clear lessons here for all councils. The legal duty to consider whether a family may be homeless is triggered at a low threshold. It does not require a formal application or a visit to a specific department. Occupational Therapy assessments must be completed without undue delay, particularly where a person's medical needs are pressing. And when residents raise complaints, councils must respond fully and on time.”

The Ombudsman welcomed Barking and Dagenham’s acceptance of its recommendations and encouraged councils across the country to reflect on this case and consider whether their own processes meet the standards residents should expect.

A Barking and Dagenham Council spokesperson said: “We fully accept the Ombudsman’s findings in this case and apologise unreservedly to the family for the distress caused. This fell short of the standard of service we expect, particularly for a vulnerable young resident with significant care needs.

“We have provided the agreed compensation and are working closely with the family to secure suitable accommodation, including offering temporary housing under our accepted homelessness duty. They are now being supported by a dedicated officer.

“We have already taken steps to improve our services, including significantly reducing Occupational Therapy waiting times and strengthening processes to ensure potential homelessness is identified much earlier. We have also reinforced to staff the importance of responding to complaints promptly and in line with our policies.

“A full lessons-learned review is underway, with senior oversight, to ensure the necessary changes are embedded and we are implementing wide-ranging improvements to ensure better outcomes for residents and that similar failings do not happen again.”

Harry Rodd