Summary: There was fault by the Council. The Council delayed responding to an official complaint and has remedied this by making a payment to the complainant. There was also disrepair in the temporary accommodation offered and the Council has also made a payment to the complainant to remedy this injustice. There was no fault in the time it took to find the complainant permanent housing after fleeing violence or in its payment of Council tax support.

The complaint

1. The complainant, who I shall call Miss X, complains the Council delayed responding during its official complaints process.
2. Miss X also complains that the Council took too long to offer her family alternative permanent accommodation after a violent incident and that her family moved a number of times.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)

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How I considered this complaint

5. I read the papers put in by Miss X and discussed the complaint with her.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

8. Miss X lived in a rented Council flat with her children. In August 2021 her child, Y, was the victim of a serious assault. Y was still in hospital in October 2021, when the Police advised that the family should be moved out of the area for their safety. The Police recommended that Y did not return home when they left hospital.
9. Miss X remained in her flat until Y left hospital, when the family moved to temporary accommodation in October 2021. Miss X complained about disrepair and repairs were carried out at the beginning of November. The Council contacted other Council’s about reciprocal housing transfers for the family.
10. Miss X moved to new temporary accommodation in December 2021 as the landlord was selling the property.
11. The Council contacted other councils and housing associations. The Council said Officers supported Miss X to make a homeless application to the Council area she was now living in. Miss X also viewed a permanent offer of housing, which she felt was unsuitable due to the internal stairs.
12. Miss X moved to a third temporary accommodation as the landlord was selling the property in March 2022. Miss X accepted a permanent property that she bid on herself from the Housing Moves Scheme and moved in October 2022.
13. The Council provided a removal service each time Miss X moved accommodation.

My analysis

14. Miss X’s main complaint is about the time it took to offer her permanent accommodation. The Council has explained that Miss X was assisted under an old procedure called the High Risk Moves procedure.
15. The Council has said that it accepts Miss X was homeless, but a homeless application was not taken. The Council has said that if Miss X had made a homeless application, it would have most likely resulted in her family being provided with private sector rental accommodation. The Council’s view is that the High Risk Moves policy meant that she could keep her Council tenancy, while finding alternative housing. However, Miss X was always able to make a homeless application at any time and the Council had said if she had not been rehoused by the summer of 2022 it would have helped her make a homeless application.
16. Miss X complains about the time it took for her to get permanent accommodation. I have looked at all the information and I cannot find evidence of fault by the Council. The decision to use the High Risk Moves policy seems reasonable as it enabled her to keep her secure tenancy. I can also see the Council spoke to numerous other Council’s to try to get a reciprocal transfer and tried to help with homeless applications. The time it took was due to the shortage of accommodation in the areas Miss X was looking, rather than fault or delay by the Council.
17. Miss X explained to me that she would have preferred to stay in the area outside London where her child had settled in school. Unfortunately, the Council in this area did not accept her homeless application or a reciprocal transfer. So, I can find no fault on this point.
18. Miss X also complains about delays in the Council’s complaint procedure. The Council apologised for this delay and offered Miss X a £150 payment to remedy the injustice when responding to her official complaint. The Council also offered a further £150 payment for the inconvenience from the disrepair in the temporary accommodation. From the information I have, the remedy already offered by the Council on these points seems reasonable. So, I do not consider further investigation or remedy is warranted.
19. During the investigation of this complaint, it became clear that Miss X was not clear how much Council Tax she had paid and whether she had paid too much.
20. The Council has said that while living in temporary accommodation, Miss X had the liability to pay Council Tax on that and her original tenancy. (The Council paid housing benefit on two properties for a year.)
21. Miss X received Council Tax Relief, discretionary council tax support and a payment to clear the arrears on the Council tax account on the property in the Council’s area (the property she had to move out of).
22. Miss X has explained that she had to pay Council tax for the temporary accommodation she was living in. The Council has said that she would need to apply for Council tax support from the Council where the temporary accommodation was.
23. I find no fault in relation to the Council Tax. The Council Miss X complains about has paid the Council Tax in full for the flat in its area via benefits and discretionary payments. So, there is no financial injustice caused to her or fault by the Council on this point.
24. Miss X could apply for Council tax support for the temporary accommodation in the other areas she lived in. As she was outside the area of the Council she complains about, she needed to apply to the Council area she was in for help with the Council Tax for the temporary accommodation so I find no fault.

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Final decision

25. I have completed my investigation of this complaint. This complaint is upheld as there was evidence of fault and delay by the Council. The Council has already remedied the injustice caused to the complainant by making a payment.

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Investigator's decision on behalf of the Ombudsman