Summary: Ms X complained she is living in a temporary care home placement. She said she lives outside the area of her home and cannot return as it no longer meets her needs. Ms X said this has impacted her quality of life. There was fault in the way the Council did not complete assessments using up to date information in a timely way. There was also fault with the Council complaint handling. This fault distressed Ms X and caused her uncertainty. The Council should apologise, make a financial payment, issue guidance to its staff and fully assess Ms X’s circumstances.

The complaint

1. Ms X complained she is living in a temporary care home placement. She said she lives outside the area of her home and cannot return as it no longer meets her needs. Ms X said this has impacted her quality of life.

Back to top

The Ombudsman’s role and powers

2. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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. Under our information sharing agreement, we will share this decision with the Care Quality Commission (CQC).

Back to top

How I considered this complaint

5. I read Ms X’s complaint and spoke to her about it on the phone.
6. I considered information provided by Ms X and the Council.
7. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Background information

8. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
9. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

10. Councils must notify applicants in writing of the following decisions and give reasons:

• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.

11. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))
12. Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.
13. Statutory guidance on the allocation of accommodation says:

• review procedures should be clear and fair with timescales for each stage of the process
• there should be a timescale for requesting a review - 21 days is suggested as reasonable;
• the review should be carried out by an officer senior to the original decision maker, or by a panel not including the original decision maker;
• reviews should normally be completed within a set deadline - 8 weeks is suggested as reasonable.

What happened

14. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
15. Ms X has complex medical needs. She is a wheelchair user. Ms X has a secure tenancy in a Council property, adapted in 2019 to meet her needs. Ms X was admitted to hospital in July 2022. The health service (NHS) recorded she was medically fit for discharge in December 2022. The NHS then asked the Council to consider Ms X’s living situation as her property was not suitable for her increased needs. The NHS confirmed Ms X now needed an electric wheelchair that was larger than her manual wheelchair. It also confirmed Ms X needed a larger hoist and needed two people to support her. The NHS confirmed it would fund an interim placement while the Council completed an assessment of the property to decide if her property could be adapted or if she needed to move.
16. The NHS discharged Ms X from hospital in March 2023. It placed her in a care home. Ms X continued to chase the Council for an update.
17. The Council continued to meet with the NHS about Ms X and her placement. The NHS continued to fund the placement and care.
18. Ms X applied to join the housing register in August 2023.
19. Ms X complained to the Council in September 2023. She said she could not understand why she was still in a care home. Ms X said she did not think she should have to put in another housing application as the Council had her information.
20. The Council issued a section 166a decision in November 2023. The Council said Ms X was not entitled to join the housing allocation scheme. The response said the Council considered Ms X was adequately housed as she lived in a one-bedroom property suitable for her.
21. Ms X appealed against the Council’s decision. She completed a health assessment explaining her needs had increased, so she needed more equipment and people to help her.
22. The Council issued a final section 166a decision in November 2023. The Council repeated Ms X lived in a one-bedroom property suitable for her needs. The Council advised Ms X if she had medical evidence, she could submit this.
23. The Council issued its stage one complaint response in November 2023. The response confirmed the NHS placed Ms X in the care home because her home was not suitable for her needs. The response confirmed the housing medical assessment in 2019, confirmed the property met Ms X’s needs. The Council acknowledged it delayed completing the housing screening from August 2023 until November 2023 and apologised. The Council said when Ms X sent the medical information, it would assess if it warranted a medical priority on the housing application.
24. Ms X continued to chase the Council. Ms X asked the Council escalate her complaint to stage two in January 2024. She said she had been in unsuitable accommodation for 10 months.
25. Ms X chased the Council in February 2024. She said the only reason she was in a care home, was because her property was no longer suitable for when she was ready for discharge. The Council told Ms X it could not consider the application until it completed an up-to-date Occupational Therapy (OT) report. The Council did not complete an OT assessment.
26. Ms X continued to chase the Council for an update.
27. The Council issued its stage two response in August 2024. The Council said it had not received medical information from Ms X. The response repeated the Council completed a medical assessment in 2019 and completed alterations to the property. The Council said once it had the updated medical information from Ms X it would consider what adaptations Ms X needed to return home. The Council accepted it did not communicate in a timely manner, but it addressed Ms X’s housing situation correctly.
28. Ms X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Ms X would like the Council to rehouse her.
29. In response to my enquiries the Council accepted it did not complete a formal assessment of Ms X’s needs. The response accepted delays in processing the application, complaint process and confirmed it would complete the assessments.

My findings

30. It is clear that Ms X’s circumstances are complicated by the crossover of funding between the Council and the NHS. The NHS placed Ms X in a care home due to her medical needs and the lack of suitable accommodation. The Council is responsible for managing Ms X’s housing application. I cannot say Ms X’s accommodation is unsuitable, the Council must make this decision based on accurate and up-to-date information.
31. The Council should have considered Ms X’s housing application, with the new information and decided if Ms X’s needs warranted a housing band allocation. In its response to my enquiries, the Council accepted it relied on out-of-date information when deciding Ms X did not qualify for allocation. This is fault.
32. The Council accepted, in response to my enquiries it should have completed an assessment of Ms X’s needs and accommodation. Not completing the assessment is fault, frustrating Ms X. This caused her distress and uncertainty.
33. The Council also accepted delays in its application screening process. The Council took three months to screen Ms X’s application. This delay is fault, frustrating Ms X.

Complaint handling

34. The Council complaint policy states a stage one response will take 15 working days. The Council issued its stage one response after two months. This delay is fault.
35. The policy states the stage two response will take 25 working days. The Council issued its stage two response after seven months. This delay is fault, frustrating Ms X.

Back to top

Agreed action

36. To remedy the outstanding injustice caused to Ms X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Ms X for the fault identified in this case. This apology should be in accordance with the Ombudsman’s guidance Making an effective apology.
• Pay Ms X £300 as an acknowledgement of the time and trouble she has spent pursuing this complaint.
• Make a symbolic payment of £500 to Ms X for the distress and uncertainty caused by not fully considering this, not completing assessments and the delays in this case.
• Fully consider Ms X’s case. Complete the OT assessment it agreed to in its response to my enquiries and consider all other information. The Council should fully document and evidence this decision and communicate it to Ms X.
• Remind relevant staff of the importance of effective complaint handling.
37. The Council should provide evidence of the actions taken to satisfy the recommendations.

Back to top

Final decision

38. I have completed my investigation. I have found fault by the Council, which caused injustice to Ms X.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman