Overview:

Key to names used

• Ms X The complainant
• Y Her eldest child

Summary

Ms X complained about the Council’s handling of her homelessness when she fled domestic abuse with her children.

Finding

Fault found 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 remedy the injustice to Ms X and Y from the faults identified, the Council has agreed to:

• apologise to Ms X in line with our guidance on Making an effective apology;

• pay Ms X £100 a week for the nine weeks she spent in unsuitable B&B, a total of £900;

• pay Ms X £200 a month for the 18 months she spent in unsuitable temporary accommodation, a total of £3,600;

• pay Ms X a further £500 to recognise her avoidable distress and uncertainty resulting from the failure to tell her about her review rights and delay completing the suitability review; and

• pay Y £1,500 to recognise their significant and avoidable distress and loss of dignity.

  To remedy the injustice to others who have not complained, the Council has agreed to:

• write to the eight other applicants identified whose reviews were delayed explaining our finding of fault and injustice;

• apologise to those applicants in line with our guidance on Making an effective apology;

• make a symbolic payment of £200 to each applicant to recognise their avoidable distress and uncertainty; and

• consider whether the outcome of the review means there is further injustice to the applicant because of the delay. Remedy any such injustice in line with our Guidance on Remedies.

The Council should also take the following action to improve its services.

• Share a summary of the learning from this decision, as well as the full report, with all officers who deal with homelessness applications to ensure lessons are learned from what went wrong in this case.

• Ensure case notes or other records are clear about whether a property has been offered as interim accommodation and show consideration of its suitability for the applicant.

• Amend the suitability and risk assessment form to include the location of children’s schools and to enable officers to identify if there are any specific requirements for a property to be suitable.

• Amend the housing circumstances and needs assessment to include details of housing needs. This should include the necessary size and type of accommodation as well as information about location, access, or other factors necessary for accommodation to be suitable for an applicant.

• Ensure all offers of temporary accommodation are made in writing and set out the statutory right to request a suitability review.

Ombudsman satisfied with Council's response: 6 February 2025.

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