Canterbury City Council (08 017 330)
Homelessness Maladministration causing injustice
12 October 2009
A pregnant woman with mobility problems sleeping on her mother’s floor was caused injustice by Canterbury City Council’s handling of her and her partner’s homelessness application. The Ombudsman said it appeared that the Council’s officers were so focussed on homelessness prevention activity “… that they are failing to spot when applicants are homeless or threatened with homelessness, with all the duties that places on the Council. It would appear, therefore, that the Council is failing to comply with those duties.”
He added: “The Council’s actions give the impression that someone has to be actually homeless before the Council will do what the law requires.”
‘Miss Willow’ and her partner, ‘Mr Beech’ (real names are not given for legal reasons) were living with Miss Willow’s mother and her two adult siblings in a three-bedroom house. They approached the Council several times for help with housing. At the time, Miss Willow was pregnant, and she also developed mobility problems. Shelter complained to the Ombudsman on the couple’s behalf about the way the Council handled their homelessness application.
The Council failed to recognise that the couple were making a homelessness application and, as a result, it delayed unreasonably in carrying out the enquiries housing authorities are duty bound to make if they have reason to believe applicants are homeless or threatened with homelessness. This in turn led to a delay in the Council offering Miss Willow and Mr Beech interim accommodation pending the outcome of those enquiries.
When the Council eventually offered the couple interim accommodation (a first floor room in a hotel with no lift), it was unsuitable for Miss Willow who was heavily pregnant and a wheelchair user at the time.
The Council’s handling of medical information was also inadequate.
The Ombudsman was particularly concerned about officers’ failure to recognise that a homelessness application had been made; their reliance on homelessness prevention as an alternative to taking a homelessness application (instead of pursuing the two in tandem); and their implied threat of bed and breakfast accommodation in an apparent attempt to dissuade the couple from making an application.
Remedy
The Ombudsman found maladministration causing injustice and, in accordance with his recommendations. the Council:
- paid Miss Willow and Mr Beech £1,750 compensation;
- made changes to its policy and procedures for dealing with homelessness applicants and medical information provided in support of applications;
- made changes to its standard letters; and
- trained relevant staff appropriately.
LGO satisfied with Council response: 16 December 2009
Date Updated: 21/12/09