London Borough of Tower Hamlets (22 013 057)

Category : Housing > Allocations

Decision : Upheld

Decision date : 18 Mar 2024

Overview:

Key to names used

  • Miss X The complainant

Summary

Miss X complained about how the Council dealt with her application for the housing register. In particular, she complained that the Council: delayed in dealing with her application for the housing register in 2022; wrongly decided that she did not qualify for the housing register and delayed in dealing with her request for a review of its decision; gave conflicting information about whether she could seek a review of its decision that she was not eligible for the housing register or make a complaint; and wrongly placed her in priority band 2B when it accepted her application in August 2023. Miss X considers she should have been placed in a higher priority band due to her medical needs. Miss X says that as a result she has been caused significant distress which has worsened her medical conditions and affected her mental health.

Finding

Fault causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition to the requirements set out above, the Council should take the following actions within three months of the date of this report.

  • Send a written apology to Miss X for the distress caused to her by its delay in considering her housing register application, failure to consider her medical conditions, delay in considering her request for a review, retracting its offer for a further review and failure to notify her of her right to seek a review of its decision to award band 2B priority. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology we have recommended.

  • Make a symbolic payment of £500 to Miss X to acknowledge the distress caused to her.

  • Draw up an action plan with clear timescales for reducing the delay in considering applications for the housing register to ensure applications are decided within eight weeks. The Council should provide a quarterly report to the relevant committee to ensure democratic oversight.

  • By training or other means, remind officers of the need to ensure they consider whether an applicant who does not have a local connection has housing needs, including medical needs, when considering housing register applications.

  • Review its template letter to ensure it notifies applicants of their right to seek a review of decisions on their housing application in accordance with the Council’s housing allocation policy.

The Council has accepted our recommendations.

Ombudsman satisfied with Council's response: 14 Oct 2024.

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