London Borough of Hounslow (07A14216)

Homelessness & Housing allocations  Maladministration causing injustice

14 April 2009

Hounslow Council delayed offering a homeless couple temporary accommodation. The Ombudsman finds that, although they were evicted from their rented flat in July, the Council did not refer them to its temporary accommodation team until September, and says “I consider the Council to be at fault for failing to make the referral on the day of eviction.”

‘Ms Allen’ and ‘Mr Molton’ (not their real names for legal reasons) complained that, after they were evicted from their rented flat, the Council delayed unreasonably in offering them temporary accommodation once it accepted it had a homelessness duty towards them, and that it failed to assess their homelessness application in accordance with its published allocations policy.

The Ombudsman found fault in the way the Council dealt with the couple’s homelessness application. He is particularly concerned that, despite his having issued a report in 2007 criticising the Council for not assessing housing applications in line with its allocations policy, the Council continues not to do so.

The Ombudsman does not, however, consider the injustice caused to Ms Allen and Mr Molton as a result of the Council’s delay in offering temporary accommodation to be great, as they refused an offer when it was made, and did not then pursue their statutory appeal rights regarding its suitability. Similarly, he does not consider the injustice caused by the Council’s failure to assess their housing register application in line with its allocations policy – and specifically to apply one particular criterion – to be great, as the criterion was not applied to any housing applicant.

Nevertheless, Ms Allen and Mr Molton were undoubtedly caused distress and confusion by the Council’s lack of clarity, and Ms Allen’s grandmother took time and trouble in pursuing the complaint on their behalf.

Remedy

The Ombudsman found maladministration causing injustice and, in accordance with his recommendations the Council:

• paid Ms Allen and Mr Molton £500 compensation for the distress and confusion caused by the Council’s lack of clarity;
• paid Ms Allen’s grandmother £250 for her time and trouble;
• prepared an advice sheet for homelessness applicants who refuse temporary accommodation about the likely impact of this on any subsequent housing application;
• reminded housing staff of the need to keep accurate file records; and
• provided the Ombudsman with a copy of its revised allocations policy.

LGO satisfied with Council's response: 29 July 2010

Date Updated: 30/07/10