Overview:

Key to names used

• Mr X The complainant
• Ms Z The complainant’s professional representative
• Y The complainant’s disabled child

Summary

We found the Council failed to properly explain to Mr X its decision about his priority banding. The Council failed to inform Mr X of his right to request a review of this decision. It then took too long to re-consider its decision when challenged which was fault. The Council was at fault for not carrying out homeless inquiries when informed Mr X’s property was no longer suitable to occupy. It also delayed carrying out an Occupational Therapy (OT) assessment. This has caused Mr X distress, frustration and uncertainty.

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)

To remedy the injustice caused, within one month of the date of this report the Council has agreed to:

• apologise to Mr X for the injustice caused by the faults identified in this report. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance when making the apology we have recommended in our findings;
• increase its offer to Mr X to £1,200 for the distress, frustration and uncertainty caused by its failure to make homeless inquiries and the delays in the OT assessment, over-riding priority decision and the stage two complaint response;
• arrange and hold a meeting with the family to explore all their housing options including privately renting and getting a disabled facilities grant as well as waiting for a suitable council property; and
• provide guidance to complaints officers that complaint responses should address the full complaint and be issued within the timescales set out in the Council’s complaints policy.

To remedy the injustice caused, within three months of the date of this report we recommend the Council:

• create an action plan to show how it will identify potential homelessness cases regardless of point of contact within the Council and put in place monitoring to review the progress of this; and

• provide us with an action plan specifically around how the Council intends to reduce OT wait times. This will include senior level monitoring of progress on a regular basis.

The Council has accepted these recommendations.

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