Summary: We found fault on Mrs L’s complaint about the way the Council handled her request to move property. It failed to assess the suitability of temporary accommodation before and during their stay there. It failed to assess the suitability of the accommodation it wanted her to return to following repairs sooner. It wrongly stopped paying rent on the temporary accommodation and failed to deal with her formal complaint promptly. The agreed action remedies the injustice caused.

The complaint

1. Mr K complains on behalf of his wife, Mrs L, about the way the Council handled her request for a housing transfer based on medical grounds, and specifically about its failure to:
1. properly consider her application to transfer to another property from the one it insisted she return to despite being aware she had multiple traumatic events associated with it;
2. consider evidence she provided in support about her mental health;
3. continue paying her rent on temporary accommodation;
4. communicate with her properly and prevent avoidable delays when dealing with her; and
5. deal with her complaint under its complaints procedure.
2. As a result, she experienced stress, frustration, anxiety, and lost the opportunity to be awarded a high priority for a transfer much earlier on which also cost her financially.

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The Ombudsman’s role and powers

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. 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)

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What I have and have not investigated

6. The law says we cannot investigate late complaints unless we decide there are good reasons.
7. Mr K sent Mrs L’s complaint to us in October 2023. This would mean we would usually only investigate the Council’s actions from October 2022. I took account of the fact she complained to the Housing Ombudsman in July 2021 who only reached a decision it was not within its jurisdiction in 2023. I have, therefore, exercised discretion to investigate her complaint from 2021.

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How I considered this complaint

8. I considered all the information Mr K sent, the notes I made of our telephone conversation, and the Council’s response to my enquiries. I sent a copy of my draft decision to Mr K and the Council. I considered their responses.

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What I found

Council Allocation Scheme

9. Health and wellbeing priority is considered where the applicant, or a member of their household, has a long-term health and wellbeing issue which is being affected by their current housing. To be considered, an applicant needs to complete a health and wellbeing self-assessment. The Council will carry out an assessment based on medical evidence provided. It is done by its own medical assessment officer or will arrange for an approved medical professional to review the information.
10. Specialist panels can award applicants points under its choice based letting system. For example, where a member of the household is diagnosed with either a mental health illness, learning disability or physical disability, and received support from social care services or could be in need from such services where there is no settled accommodation. In addition, they need to have a significant need for a social tenancy because their current housing circumstances are having a severe negative impact on their health condition and wellbeing.
11. Health and Wellbeing awards are either High, Medium, Low, or no award.

Council Relocation Procedure (emergencies/exceptions)

12. Relocation takes place when residents have to move from their homes either temporarily or permanently, to allow the Council to carry out repairs or major works.
13. All tenants, including those in receipt of housing benefit, must continue to pay their rent and council tax on their main home. As the tenant continues to be charged rent for their main secure tenancy, the licence agreement for the temporary accommodation should have ‘nil rent’ written on it.

What happened

14. Mr K and Mrs L lived in a 3-bedroom Council house (property 1) along with their three children. They had a secure tenancy.
15. In early 2020, the house suffered structural damage while Mrs L was upstairs at the time with her youngest child. The family was evacuated and moved to a hotel for six weeks while the Council planned repairs to it.
16. The Council then moved them to temporary accommodation (property 2). Mr K began to tell the Council about Mrs L’s diagnoses of post-traumatic stress disorder (PTSD) because of the damage caused to property 1. He argued this meant Mrs L could not return there.
17. The Council’s Mental Health Panel considered a medical assessment of Mrs L but decided she did not meet the criteria for a move away from property 1. The Council explained it was not considered as a Health and Wellbeing assessment because of limited evidence. Instead, it considered it at a Mental Health Professionals meetings with a medical officer present. This meeting considered Mrs L’s case three times in 2021 and once in 2022.
18. Mr K argued property 2 was unsuitable for one of the children. He also argued the property was unsuitable for Mrs L, because it was in a built-up area and Mrs L was now startled by loud noises. The Council did not accept his argument about Mrs L.
19. The family was registered for a wheelchair accessible 3-bedroom property in two areas. Mr K noted the increase in points under the Council’s allocation scheme was based on the needs of one of the children. He also noted they told the Council about this child’s needs early on, but the Council did nothing.
20. The family stayed in property 2 until January 2024 when they moved to a suitable property.
21. I now consider each of the complaints:

Complaint a): consideration of transfer application

22. Mr K claimed evidence about one of the children’s needs was sent to the Council in January 2021. The evidence is all dated the same month, but he complained the Council failed to act on it until a year later.
23. Mrs L provided the Council with copies of:

• a hospital letter about her 18-year-old son. It stated he could not use his wheelchair for longer distance mobility because of property 2.
• a letter from the mental health team after he received therapy sessions for anxiety and depression.
• an OT report (home assessment and rehousing) done for property 2. It recommended rehousing to a property better supporting his needs. This report was done by the hospital. The report said he was living in temporary accommodation which was not meeting his needs. It recorded difficulty with stairs as he was crawling up and down them, along with problems with toilet and bath transfers.

The Council said as it was not assessing the needs in property 2, it took no action on it.

24. The Council said the medical information gave no details about the child’s mobility needs. Nor did it say why property 2 was unsuitable for his needs.
25. The Housing Options Panel considered her case in February. It noted Mr K called to say she was suffering PTSD, took medication for it, and received therapy sessions. It also noted her son was to have therapy for anxiety because of the incident with property 1. This panel deferred a decision as it needed referring for a Health and Wellbeing assessment.
26. In July, the Council ended the tenancy on property 2 and stopped paying rent for it. The Council now expected her to move back to property 1. Mrs L said she was now financially responsible for paying rent on property 1 and 2 as she did not want to return to property 1 because of the impact she claimed it would have on her mental health.
27. In September 2022, a Health and Wellbeing Recommendations Form noted her son’s condition and need for a wheelchair accessible property with wet floor shower. The same month, an OT housing assessment report was done for property 1. It noted he could not manage the stairs/steps and needed level access throughout. In addition, he needed adequate wheelchair space in the bedroom, and could not use the bath.

My findings

28. I found fault on this complaint for the following reasons:
1. There was no evidence of the Council considering and assessing whether property 2 was suitable for Mrs L when it moved her and her family in to it in April 2020.
2. In January 2021, the Council became aware one of her children had problems with property 2 because of health needs. It knew this as the OT report from the hospital said it did not meet his needs and explained why. In addition, I also note Mrs L sent the Council a copy letter from the hospital about proposed surgery at the same time. This referred to her son as a wheelchair user.
3. While the Council argued it only viewed property 2 as short term, and it was focused on property 1, I am satisfied it failed to investigate and assess whether property 2 was suitable for Mrs L and her family’s needs from January 2021. Despite this information alerting it to potential problems with suitability, the Council failed to act on it.
4. The Council pointed out it had no stock that would have been suitable to support wheelchair users in emergency situations. It also pointed out it had 47 households looking for a wheelchair accessible home who are also living in homes which are not meeting their needs. While I accept property 2 was a temporary decant, the failure to have suitable alternative accommodation in its stock was a service failure. This is a matter for the Council to consider and resolve through planning and procurement.
5. I consider this failure caused Mrs L and her family injustice, particularly her son. The family remained in property 2 until January 2024. As the Council was alerted to her son’s health problems in January 2021, the family stayed in a property which did not meet their needs for a period of three years.
6. I also considered the Council’s argument it considered property 1 suitable for Mrs L and her family to return to which is why it stopped paying the rent in July 2021. If property 1 was suitable for her and her family, this would reduce the injustice caused because of fault.
7. The Council was aware in January 2021 from the hospital OT report that property 2 was not suitable for her son because of his health needs. At this point, the Council should also have considered whether property 1 was suitable for his needs, taking account of his health problems highlighted in this report.
8. The Council failed to carry out an assessment of the suitability of property 1 until September 2022, when its own OT assessed it and found it unsuitable for him. I am satisfied the Council delayed considering the suitability of property 1 for 18 months.
9. This caused Mrs L and her family an injustice. The Council wanted them to return to a property that was unsuitable for them while all the time, they lived in a property that was also unsuitable for them. They also lost the opportunity of the Council looking for suitable accommodation for them.
10. There is no evidence the Health and Welfare assessment was done following the Housing Options Panel’s decision to defer making a decision to allow this to be done. I am satisfied this failure caused Mrs L and her family an injustice. This is because they have the uncertainty of not knowing whether it would have made any difference to their situation had it been done at the time.

Complaint b): consideration of evidence of mental health

29. Mrs L argued it would negatively impact on her mental health if the Council insisted she return to property 1 in July 2021 when repairs were completed.
30. The Council said it considered her medical evidence at the following Mental Health Professionals meetings:

• March 2021: This was heard about three weeks after receiving Mrs L’s request. It looked at whether the Council should transfer her to alternative accommodation. It considered a GP print out of her diagnosis of PTSD in January but there was nothing to show she was treated or diagnosed with this by the Community Mental Health Team. Her only symptoms were nightmares. It noted medical information for her son, which was not related to the incident, was about anxiety but there was no information about its cause. There was nothing to justify a transfer on mental health grounds.
• May 2021: There was another meeting but there was no information showing when she made her request. The minutes noted Mrs L was not referred to secondary services for assessment and treatment only with a therapy team which dealt with minor mental health issues. She was discharged after sessions of therapy as nothing further was needed. There was no referral to any specialist for PTSD which did not appear severe. It decided there was nothing to change its previous decision.
• August 2021: Again, there was a meeting but no information showing when she made her request. The minutes show Mrs L had a fear of returning to property 1. It considered whether the family should be asked to return there. It decided there was nothing to justify her not returning to it. She was waiting to see the local therapy service. It found nothing to show her mental health had significantly deteriorated, or would do so, if she returned there.
• April 2022: This meeting took place about a week after receiving her request which included information about her and her child. This had updated evidence from the therapy service. An OT report would be done to see whether her son could return to property 1.

My findings

31. I found no fault on this complaint. I am satisfied the Council considered the evidence and information Mrs L provided. The Council was entitled to reach the decisions it did on the available evidence at the time.

Complaint c): rent on temporary accommodation

32. The Council explained while repairs were made to property 1, Mrs L was liable to pay rent for it under her tenancy agreement. The Council paid the rent for property 2 while it repaired property 1.
33. The Council paid rent for property 2 from April 2020 until August 2021 when repairs were done, and it expected the family to move back to property 1.
34. Mrs L complained when the Council stopped paying rent for property 2, she paid rent for both properties for 12 months. It was only when the Council accepted the health needs of one of the children made property 1 unsuitable that it began paying rent for property 2 again from October 2022. This meant the Council did not pay rent for property 2 from August 2021 until October 2022, a period of 14 months.
35. She stopped paying rent for property 1 in March 2022 and owes £13,000 in arrears.

My findings

36. I found the following on this complaint:

Property 1:

1. Under the Relocation Policy, Mrs L was responsible for continuing to pay the rent on this property while it was being repaired. She continued to be liable for its rent even after the Council repaired it and later when it decided it was unsuitable for her. I note she stopped making payments in March 2022.

Property 2:

2. The Council stopped paying rent for property 2 in August 2021 when repairs were completed on property 1. This was because it decided the family could return to it. As already noted, the Council could have considered and assessed the suitability of property 1 sooner than it did because it had been alerted to her son’s health problems in January 2021.
3. Had it done so, the Council would likely to have continued to pay rent for property 2 because it accepted property 1 was unsuitable. I consider this failure meant Mrs L felt obliged to meet the rental payments on property 2 during the 14-month period even though this was largely based on her claims about her own mental health problems.
4. I am satisfied the injustice to Mrs L was a period of 14 months when the Council refused to pay rent for property 2 which she paid.

Complaint d): communication and delays

37. Mrs L complained about significant delays with the Council arranging panel meetings and medical assessments.

My findings

38. I found no fault on her complaint about delays arranging panel meetings. The evidence shows these were done promptly although there is a lack of record keeping about two mental health professional meetings held in May and August 2021.

Complaint e): complaints procedure

39. The Council accepted there were delays in responding to Mrs L’s correspondence which was due to severe staff shortages within the complaints team at that time. There was also a significant backlog of complaints and correspondence.
40. Mrs L complained to the Council in April 2021. The following month, the Council responded saying all the information would go to the Mental Health Panel. The Council signposted her to stage 2 of its complaints procedure if she remained unhappy.
41. In July, she contacted the Housing Ombudsman Service.
42. In March 2022, the Council told Mrs L it could not proceed with her complaint as it had a legal right of appeal, and she has already had 3 panel hearings.

My findings

43. Mrs L complained to the Housing Ombudsman Service shortly after receiving the response from the Council in May 2021. I have seen correspondence between the Housing Ombudsman Service and the Council during its involvement which included asking for it to provide complaint responses.
44. I do not intend to go through all the documents I have seen about the complaint issues during this period but, make a finding based on the Council’s acceptance that there were delays in responding to Mrs L’s correspondence. This was because of a backlog of cases and a shortage of staff within the complaints team.
45. I am satisfied these failures caused Mrs L an injustice. This is because she experienced some frustration with the process and could have completed its complaints process sooner.

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Agreed action

46. I considered our guidance on remedies.
47. I note the Council has already started to review its complaints processing to ensure it has enough staff to clear backlogs of complaints and respond promptly to correspondence.
48. The Council agreed to carry out the following action within 4 weeks of the final decision on this complaint, unless otherwise stated:
1. Send Mrs L a written apology for failing to: consider and assess the suitability of property 2 before moving them in to it; consider and assess its suitability when made aware of her child’s health needs in January 2021; consider and assess the suitability of property 1 sooner than September 2022; do the Housing and Welfare assessment following the Housing Options Panel referral; continue paying the rent for property 2 due to its failure to assess the suitability of property 1 sooner; deal with her complaint so there was no delays.
2. Pay £7,200 to Mrs L for the injustice caused by living in property 2 between January 2021 and January 2024 (£200 x 36 months: I have taken account what the OT report said about her son for property 2 when reaching this figure).
3. Within 8 weeks of the final decision, reimburse/offset the rent Mrs L paid for property 2 from August 2021 to September 2022 provided she can show documentary evidence of making rental payments during this period.
4. Pay £100 to Mrs L for the failure to deal with her complaint promptly.
5. Review procedures to ensure officers consider and assess the suitability of temporary emergency accommodation where medical information is provided which raises possible problems with a property due to health concerns i) before letting it and ii) when let.
6. Ensure procedures are in place so referrals for a Housing and Welfare assessment from the Housing Options Panel are actioned and carried out.
7. Review its complaint processing to ensure it has sufficient staffing levels to clear backlogs of complaints and respond promptly to correspondence.
49. The Council should provide us with evidence it has complied with the above actions.

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Final decision

50. I make the following findings on the complaint made by Mr K on behalf of Mrs L against the Council:

• Complaint a): fault causing injustice.
• Complaint b): no fault.
• Complaint c): fault causing injustice.
• Complaint d): no fault.
• Complaint e): fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman