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Council response - legal

33 replies

FlatRoofProblems · 18/10/2026 23:34

Cutting a long story short I am after advice.

My disabled parent was in receipt of a Disabled Facilities Grant on our home for conversion. The council hired the builders who deviated from the original plans and put a flat roof on instead a peak one. They fitted a wet room with a flat floor (no slant) so water runs out into the kitchen. They 'forgot' to put a gas safety switch by the cooker to turn off the gas. the flat roof was initially left with just a piece of felt and no stone covering. It was a nightmare. There was no monitoring of the grant or work by the council.

Fast forward to today. My parent has died and I want to sell the house. I can't as the planed extension does not match the house in its current state. I have rasied this with the council in August and was given a complaints champion. They had 20 working days to initially respond. They did not. The policy states that in exceptional circumstances they can add on an additional 10. It has now been 75 days and I have heard nothing. I keep emailing and all I get is that I will have a response shortly and they are taking the matter seriously.

Can anyone advise? The ombudsman won't pick this up for another 5 weeks - I've checked.

They have a clear complaints policy outlined on the internet, I have quoted accurately above. What else can I do?

OP posts:
FlatRoofProblems · 19/10/2026 18:23

Onlywayisrainham · 19/10/2026 18:16

I get your point and would feel exactly the same way.

Your argument is basically the Council had a legal duty to inspect the works on completion to ensure it met your late father’s needs. They failed to do so. This failure meant your father’s living conditions continued to be inadequate and that the failure to meet planning regulations detrimentally impacted your late father’s home and later his estate. In other words your late father was let down by the professionals who should have been looking out for him.

My guess is your complaint is winging its way between departments, probably they will get a legal opinion. You will eventually get an answer. Maybe at this stage the best strategy is waiting.

Exactly, and it's also the contempt that they have for me. I have a complaint champion and she is supposed to update me. She has not done so in 75 days. I am not going to sit back and let them get away with this.

Also council money has gone into the pocket of the builder. The whole things is a scam.

OP posts:
BoogieTuTu · 19/10/2026 18:27

Hi, so sorry you have to deal with this. Unfortunately I cannot comment on the legal aspects. However, were you involved whilst the works were taking place? The usual process, not certain if it applies across all councils is that there is a caseworker and surveyor who oversee the project. Flat roofs are often typical of extensions where a level access shower is provided as they are looking at the most cost effective and reasonable option within the very limited resource of the grant. In regards to the water running into the kitchen and not draining. Did your parent or yourself make a complaint then and do you have the evidence for the complaint? The water forming in a puddle and not properly draining due to there not being a slant would have been very obvious in the beginning of the shower being used. Was a complaint made then? The works completed after a year, are the owners responsibility. However, if there were ongoing issues once the works were completed, it would be helpful if you have evidence of the correspondence as they usually deal with any snagging once they inspect the works completed. My experience with MP enquiries tend to be quickly responded to. However it may be area dependent. You would also need to pay back some of the grant monies once the property is sold is there is a charge on the property if sold within a 5 year period, even upon death. However you likely know this already. Hopefully they respond and things get sorted.

FayeMumsnet · 19/10/2026 18:39

Hi, OP!

We've moved your thread across to Chat, as it feels like a better fit there. Hopefully you'll get a few more eyes on it and some useful responses.🤞🏻

Best wishes.
MNHQ.

Onlywayisrainham · 19/10/2026 18:45

FlatRoofProblems · 19/10/2026 18:23

Exactly, and it's also the contempt that they have for me. I have a complaint champion and she is supposed to update me. She has not done so in 75 days. I am not going to sit back and let them get away with this.

Also council money has gone into the pocket of the builder. The whole things is a scam.

If you are determined to escalate, the way to do it is through the Councillor.

Before you meet, prepare. You want to be able to handover a document that succinctly spells out what happened, the legal framework, how the Council failed your late father and what you want them to do.

Make it easy for the Councillor to understand, they can be a mixed bunch.

Ask that they raise a formal enquiry and that you want an update and a timescale for a response to your complaint.

Onlywayisrainham · 19/10/2026 18:47

I hope this helps. I went into ChatGPT and asked it to list ombudsman cases where the complaint related to a failure to inspect works on completion. The results are pasted below

I have found three particularly relevant Local Government and Social Care Ombudsman cases involving councils failing to inspect, adequately supervise or properly sign off works funded through Disabled Facilities Grants (DFGs).
Two resulted in findings of fault. A third is useful because the council agreed to inspect the works after the resident complained.
1. Case tel:24%20008%20867 24 008 867 — Failure to inspect and sign off completed works
This is the strongest case I have found for your question.
Read the full Ombudsman decision – 24 008 867
The council funded adaptations to a disabled resident’s home. However, the completed works did not correspond with the approved plans.
The Ombudsman established that:

  • The council could not demonstrate that anyone had inspected the completed works.
  • There was no evidence that an occupational therapist or other appropriate officer had approved the completed adaptations.
  • Some adaptations had not been carried out in accordance with the agreed plans.
  • The council incorrectly claimed that an occupational therapist had approved the work.
  • The council attempted to direct responsibility towards the housing association managing the project.
The Ombudsman’s finding was particularly significant. At paragraph 40, the Ombudsman concluded that the absence of evidence of inspection or sign-off constituted fault. At paragraph 41, the Ombudsman also criticised the council for incorrectly stating that the occupational therapist had approved the finished work and for attempting to pass responsibility to the housing association. Why this matters: A council cannot necessarily avoid responsibility by arguing that contractors or another organisation were responsible for supervising the adaptations. 2. Case tel:25%20000%20678 25 000 678 — Inadequate supervision and final inspection Read the full Ombudsman decision – 25 000 678 This case concerned substantial adaptations to a family home. The resident complained about poor workmanship, inadequate supervision and the council’s failure to involve her in the final inspection. The investigation established that:
  • The council had delegated project management to an architect.
  • Council officers had made only limited visits during construction.
  • The resident was not invited to the final inspection.
  • Problems with the completed adaptations remained unresolved.
  • The council accepted that the resident should have been invited to the final sign-off meeting.
  • The council acknowledged shortcomings in its procedures.
The council’s own policy required it to inspect works during construction and on completion. The Ombudsman found fault in the council’s DFG procedures. Why this matters: It demonstrates that a final inspection is not simply an administrative exercise. It should establish whether the adaptations meet the agreed requirements and identify outstanding defects before final sign-off. 3. Case tel:21%20010%20192 21 010 192 — Contractor paid without inspecting completed works Read the full Ombudsman decision – 21 010 192 A resident complained that the council had paid a contractor before inspecting whether the adaptations were complete. The resident alleged that:
  • The work remained incomplete.
  • The property had been left unsafe.
  • The council had released DFG funding without checking the completed works.
  • The council initially directed the resident to complain to the contractor.
During the Ombudsman’s consideration of the complaint, the council agreed to visit the property and investigate. The Ombudsman subsequently declined to investigate further because the council had agreed to inspect the works and seek a resolution. Why this matters: Although this was not an upheld finding of fault, it provides an example of a council agreeing to undertake an inspection in response to a complaint about incomplete DFG works.

4. An important distinction: an inadequate inspection versus defective workmanship
I also identified a case that illustrates an important limitation.
Case tel:20%20011%20124 20 011 124
Read the full Ombudsman decision – 20 011 124
The resident complained that the council had inadequately inspected and wrongly approved DFG-funded works.
The adaptations included electrical work, and the resident subsequently alleged that defects had caused damage.
However, the Ombudsman did not uphold the complaint.
The council had obtained appropriate electrical certification and had undertaken a final inspection.
The Ombudsman concluded that it was reasonable for the council to rely on the electrical certificate issued by a competent person.
The distinction is important: The discovery of defective work after completion does not automatically establish that the council’s inspection was inadequate.
The relevant question is whether the council followed a reasonable inspection and approval process, taking account of the information available at the time.

5. What these decisions establish
Taken together, the decisions suggest that councils may be found at fault where they:

  1. Fail to undertake or document an appropriate final inspection.
  2. Approve works without establishing whether they comply with the agreed plans.
  3. Fail to involve the disabled resident appropriately in the completion process.
  4. Ignore identifiable defects before authorising payment.
  5. Fail to investigate complaints about incomplete or defective adaptations.
  6. Attempt to transfer responsibility to contractors or managing agents when the council retains oversight responsibilities.
However, the extent of a council’s responsibility will depend partly on its role in commissioning and supervising the works, its published procedures and the circumstances of the particular DFG.
SpanThatWorld · 19/10/2026 18:54

Livpool · 19/10/2026 17:55

They don’t have to, but they do. I used to work for the public sector and management would jump through hoops to resolve an MP complaint.

I used to be a councillor

MPs often just tell the resident that they have asked the local councillors to investigate. MP has actually just passed it on - as indeed they should

FlatRoofProblems · 25/10/2026 19:50

Got the subject access request back. In 2023 when we complained and they sent a contractor round to psych up the roof. The document declares the roof was a shambles and not to tell the resident, my mother

OP posts:
FlatRoofProblems · 25/10/2026 19:52

Onlywayisrainham · 19/10/2026 18:45

If you are determined to escalate, the way to do it is through the Councillor.

Before you meet, prepare. You want to be able to handover a document that succinctly spells out what happened, the legal framework, how the Council failed your late father and what you want them to do.

Make it easy for the Councillor to understand, they can be a mixed bunch.

Ask that they raise a formal enquiry and that you want an update and a timescale for a response to your complaint.

I've put the whole scenario through chat gpt myself. The case is damning against the council according to chat gpt.

There was no monitoring of the works or spending. The final roof was not the same as the plans. I have proof of the wet room being wrongly completed.

OP posts:
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