Summary: Ms X complains the Council did not deal with her housing properly. The Council delayed assessing her medical needs, did not correctly determine her medical priority and did not inform her of her right to a review of its decision. Ms X had to live in unsuitable accommodation for 18 months. The Council will make a direct offer of housing to Ms X. The Council should also apologise, pay Ms X £3,600 for uncertainty and distress, relieve Ms X’s current housing problems and provide guidance to staff.

The complaint

1. The complainant, whom I shall refer to as Ms X, complains the Council has not dealt with her housing needs properly because it has not properly considered the medical needs of her family when determining their housing priority.
2. Ms X says she has been denied housing that meets her needs.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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)

Back to top

How I considered this complaint

5. I made enquiries of the Council and considered its response and the supporting documents it provided.
6. 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

What happened?

7. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
8. Ms X assessed with a homeless priority in band 3 in January 2019. She lives in temporary accommodation consisting of a one bedroomed flat with her children, who have medical issues.
9. Ms X applied for further medical priority in February 2023, providing supporting medical information for herself and her children.

Analysis

10. The Council accepts there was a delay in processing the outcome of Ms X’s medical assessment.
11. After the delay, the Council determined Ms X had no medical priority for a move.
12. The Council now accepts that the outcome of the medical assessment was flawed and the information provided showed there was a severe medical need to move.
13. The Council says Ms X should have been awarded Band 2 severe medical/welfare priority in addition to each child having their own bedroom from March 2023.
14. The Council accepts its final complaint response did not provide details of the option to request a review of its decision.
15. This is fault by the Council. Ms X has missed the opportunity to be rehoused in four suitable homes due to the delays and flawed assessment. Ms X has had to live in unsuitable accommodation for 18 months.

Action by the Council

16. The Council has awarded Ms X band 2 severe medical priority following another medical assessment in September 2024. It says it will make a direct offer to Ms X of the next suitable property that becomes available. I consider this a partial remedy for the fault found.

Back to top

Agreed action

17. To remedy the outstanding injustice caused by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
• Apologise to Ms X for the fault found in this decision We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Ms X £3,600 for uncertainty and distress at a rate of £200 per month in respect of the 18 month delay.
• Until such time as the direct offer of an appropriate sized property is made, offer Ms X the option of being provided with more suitable temporary accommodation that better meets her accepted needs, or paying her a further £200 per month.
• Provide guidance to staff to ensure that rights of review are clearly stated in decision letters where appropriate.
18. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

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

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman