Summary: There was delay and confusing information given to Miss X when she needed to organise an Occupational Health assessment. An apology and payment remedies the injustice caused. There is no evidence the Council was aware the property was unsuitable when it was allocated to Miss X or that it should have moved her to temporary accommodation while she waited for a suitable property to become available.

The complaint

1. The complainant, who I shall call Miss X, complains there was delay in finding suitable housing once the Council knew the property was unsuitable.
2. Miss X also complains the Council did not arrange for an Occupational Therapy referral when concerns were raised about the suitability of her property. And, that the Council’s communication was poor.

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What I have and have not investigated

3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. I can investigate Miss X’s complaint about the time it has taken for the Council to move her from an unsuitable property. But, I cannot investigate complaints about the management of repairs to that property.

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The Ombudsman’s role and powers

5. 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)
6. 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

7. I read the papers put in by Miss X and discussed the complaint with her.
8. I considered the Council’s comments about the complaint and any supporting documents it provided.
9. 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

10. Miss X was living in temporary accommodation. She accepted an offer of permanent housing on 22 April 2021 but told the Council she would be appealing the allocation as it was not suitable for her child. Miss X says that her child needed a toilet and bedroom on the same floor. The Council says it was not aware of Miss X’s need for the toilet and bedroom to be on the same floor until it received the appeal.
11. The housing officer asked the Council’ Occupational Therapy (OT) team to assess Miss X. The Council’s OT team refused the referral and Miss X was told to make a self-referral for an OT assessment via the children’s OT service. This referral was also rejected.
12. Miss X made a formal complaint on 7 October.
13. The housing officer then looked into whether a toilet could be fitted upstairs in the house. The housing department said on 20 December 2021 that putting in an upstairs toilet was not possible. Miss X’s housing application was reinstated at Band A and she was told she could remain in the property until she bid for an alternative home.
14. Miss X raised complaint about the safety of the garden in May 2022. A coal bunker was removed, fencing installed, back door replaced and cracked window replaced by June 2022. The Council said that it would visit in November 2022, in its response to Miss X’s complaint, to identify any remaining problems and fix them.
15. An OT assessment was carried out which listed the following works that needed doing:
• Secure fencing to rear garden.
• Levelling of trip hazards in the garden.
• Thermostatic taps to reduce the scalding hazard from very hot water.
• Use of urine bottle at night for her child.
16. Miss X has explained that she has now received a suitable offer of housing and hopes to move soon.

My analysis

17. The Council was not aware of the need for Miss X’s family to have a toilet on the same floor as her child’s bedroom when allocating her the property. So, I can find no fault in the allocation of the property to her.
18. Miss X told the Council the property was unsuitable. There were delays arranging the OT assessment. The Council has said it apologises for this and it has now put in place monthly joint meetings between its internal OT team and children’s services to review cases to ensure the correct actions have been taken.
19. Once the Council confirmed the property was unsuitable, it took over a year for Miss X to successfully bid for a property. From the information I have seen, it does seem that it took time because of a lack of suitable properties rather than fault by the Council. I have seen no evidence that the Council considered moving Miss X’s family to temporary accommodation but in the circumstances I am not convinced that this would have been appropriate. There is no guarantee that more suitable temporary accommodation would have been available and it could have meant additional moves for the family.
20. The Council has said it will agree to organise and fund Miss X’s removal costs as a remedy to this complaint. I also consider that a payment towards her distress and uncertainty of £300 is appropriate in the circumstances.

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Recommended action

21. Within one month of the date of the decision on this complaint the Council should:
• Write to Miss X with an apology for the delays surrounding the Occupational Therapy assessment and confirm that it will pay her removal costs.
• Pay Miss X £300 towards her distress and uncertainty.
22. The Council should provide us with evidence it has complied with the above actions.

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Final decision

23. I have completed my investigation of this complaint. This complaint is upheld, as there was delay by the Council and the actions above remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman