Summary: Miss X complained about disrepair issues in the temporary accommodation her mother is currently in, and it is not adapted to assist with her mother’s assessed mobility and disability needs. We found the Council at fault with delays with a suitability review and sending a referral. The Council has agreed to our recommendations to remedy the injustice caused.

The complaint

1. Miss X complains about the Council’s handling of her vulnerable mother’s (“Mrs Y”) homelessness and how it dealt with issues of disrepair in Mrs Y’s current temporary accommodation. She said it has failed to source Mrs Y a permanent property after she has spent many years moving to, and living in, temporary accommodation.
2. Miss X also says the temporary accommodation is not suitable for Mrs Y’s physical, disability, and mobility related needs. This is despite the Council’s Adult Social Care team assessing her and recommending she needs adaptations and aids. Miss X says this has caused Mrs Y and her family significant distress, frustration and inconvenience, and Mrs Y is struggling in her current accommodation.

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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 significant injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
5. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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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What I have and have not investigated

7. We registered Miss X’s original complaint under the Housing Category and later decided to create a separate, linked, complaint under the Adult Social Care category. As the matters overlap, we have combined both into a joint decision statement.

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How I considered this complaint

8. I discussed the complaint with Miss X, Mrs Y’s daughter, who is dealing with the complaint on her mother’s behalf. I considered her views and information she sent me.
9. I made enquiries of the Council and considered its written responses and information it provided.
10. Miss X and the Council 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

Law and administrative background

Temporary accommodation

11. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main homelessness duty.
12. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main homelessness duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
13. Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202). If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)

Housing allocations

14. Every local housing authority must publish an allocations scheme that sets out how it prioritises housing applicants, and its procedures for allocating properties. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))

The Council’s scheme

15. The Council places applicants into a Priority Group and gives points according to their priority need. Applicants are prioritised according to their points, and if equal, their eligible date.
16. The Council awards 150 points to all main duty homeless households. Its allocation scheme says homeless households are not eligible for medical priority as it is the Council’s statutory duty to ensure that suitable temporary accommodation is provided.
17. The Council gives households a mobility category to indicate the type of property required and this takes into account any medical issues.
18. The scheme gives extra priority to applicants (additional 50 points) who have lived in Westminster for ten continuous years immediately prior to the date of application.

Care and support

19. A council must carry out an assessment for any adult with an appearance of need for care and support. The assessment must be of the adult’s needs and how they impact on their wellbeing and the outcomes they want to achieve. It must also involve the individual and where appropriate their carer or any other person they might want involved. (Care Act 2014, section 9)
20. Reablement is a type of intermediate care which has a focus on helping the person regain skills to live independently and reducing their needs through providing services in the home. (Care and Support Statutory Guidance Paragraphs 2.12 to 14)
21. Councils must make arrangements for ensuring internal co-operation between officers exercising social care functions and housing functions. There will be cases where a member of staff will need to explicitly ask for co-operation, for example by requesting specific action on an individual case. (Care Act 2014 section 6 and Care and Support Statutory Guidance, paragraphs 15.23 and 15.25)

Background

22. Mrs Y is elderly with mobility related disabilities. Miss X (her daughter) dealt with the below matters for her.
23. Mrs Y is homeless, and the Council owes her the main housing duty to her since the mid-2000s. Her household (she and some of her adult children, not including Miss X) have moved into various different temporary accommodations since. They moved into their current temporary accommodation in January 2023.
24. She is registered to bid on mobility category 3 (a level access property with no internal stairs either on the ground floor or in a lifted block), three bedroomed properties. She has 150 homeless points.
25. The Council explained the Managing Agent (“MA”) is responsible for the temporary accommodation it arranged for Mrs Y. Repairs are reported to the MA, but arranged by “Company A”, who use their maintenance contractors to carry out repairs. The MA would check these to ensure they are completed.
26. I have summarised an overview of the key relevant events under each complaint. This is not intended to be a detailed account of each communication between the parties or an exhaustive chronology of everything that happened.

What happened – Housing – Case 23004387

Toilet disrepair

27. Miss X reported a number of minor defects and repair issues over the course of the below events. While I note her general dissatisfaction with the Council’s handling of these, I have focused on the toilet issues as the main key issue for this part of the complaint.
28. On 22 January 2023 (a Sunday), Miss X reported to the MA that Mrs Y’s only toilet was blocked. The MA later logged a repair request on its system. Action was delayed as she had been incorrectly advised to contact the MA, instead of Company A through its out of hours service.
29. The next day, Company A sent a plumber to attend Mrs Y’s flat. The records say they left the toilet clear and working.
30. On 7 February, Miss X reported further issues with Mrs Y’s toilet not flushing properly to Company A. On 10 February, it sent a plumber who advised further works needed to address the blockage problems and provided a quote.
31. On 12 February, Miss X reported the toilet was leaking affecting the flat below. The next day, Company A sent plumbers to investigate and fixed the leak. They did not carry out further works to the toilet.
32. On 20 Feb, Miss X reported the toilet was overflowing again to Company A. The records say a plumber attended that day to fix the issue and left a working toilet. The next day, a plumber carried out the works quoted for the toilet previously.
33. Miss X said Mrs Y was admitted to hospital on two occasions in February. She said these happened when Mrs Y could not use the blocked toilet for long periods, causing her excruciating pain.
34. After formally complaining (see section below), records show Miss X made two further blocked toilet reports in March. A plumber cleared it on the first occasion. On the second, they did more work to the toilet, alongside clearing further excessive paper found. They tested it numerous times and reported it as free flowing.

Formal complaint

35. In early March 2023, Miss X formally complained to the Council, specifically:
1. It failed to source permanent accommodation for Mrs Y despite her being in temporary accommodation for over a decade and a half;
2. The temporary accommodation is not suitable for Mrs Y’s physical, disability, and mobility related needs;
3. Mrs Y should have higher priority on the housing register due to her various vulnerabilities; and
4. It did not adequately deal with disrepair issues in Mrs Y’s current temporary accommodation.
36. Miss X said each time the Council moved Mrs Y into new temporary accommodation, she would ask for her to be rehoused in a permanent property. This was due to Mrs Y’s conditions and the stressful effect moving every few years had on her, and her temporary accommodation could not be adapted to meet her disability needs.
37. The Council responded at Stage One. It did not uphold her complaint.
• It confirmed Mrs Y’s points were in line with its allocations scheme. It did not award medical priority to homeless households. It outlined Mrs Y’s position on the housing register. It explained its limited supply of accommodation meant it could not give timescales for when she would be successful at securing a permanent property. It said due to demands in housing, households can remain in temporary accommodation for many years. It did its best to keep them in one place long-term, but it was not always possible.
• It was satisfied the toilet issues were now resolved. It said Miss X should have reported the issues to the MA, but she instead contacted Company A.
38. In early April, Miss X escalated her complaint. She added Mrs Y should be eligible for extra 50 points on the housing register for 10 years continuous residency. She said she would send evidence.
39. In mid-May, the Council responded at Stage Two. The Council did not uphold her complaint. It was satisfied its MA took appropriate action with the repair issues and it gave correct advice about Mrs Y’s position on the housing register. It said:
• Its MA carried out an inspection visit at the end of March and reported the flat was of suitable living standard with no outstanding repairs needed. It offered for one of its Council officers to inspect if Miss X requested.
• It could not make the internal adaptations requested for Mrs Y as the decision was for the landlord who owned her temporary accommodation.
40. At the end of June, Miss X complained to us.
41. In response to my enquiries, the Council accepted its MA did not follow correct process when Miss X reported the first toilet issue. It said the MA had addressed this with its contact centre staff.
42. The MA’s repair guide for tenants says emergency repairs (including a blocked toilet) should be completed within 24 hours.
43. I asked about Mrs Y’s eligibility for the extra housing register points for continuous residency. The Council explained applicants are eligible if they could evidence living in Westminster for 10 years immediately before their application. It said she lived in a different London borough for a few years before she made her homeless application to it in the mid-2000s. Therefore, she is not eligible for the points.
44. At the start of August 2023, after contact from us, the Council registered a suitability review of Mrs Y’s current temporary accommodation. The Council said the landlord had agreed to make adaptations for her mobility needs. After this, at the end of October 2023, it issued its decision and said her temporary accommodation was suitable. It outlined her right to appeal to court if she disagreed.
45. The Council sent me copies of two inspection reports from visits by its MA in March and September 2023. It said following the latter visit, further repairs had been carried out with the toilet.

Analysis – Housing – Case 23004387

Toilet disrepair

46. There has been confusion at times about who Miss X should have reported repair issues to and it’s out of hours services. The Council accepted its MA gave the wrong advice for her first blocked toilet report and did not deal with her repair request correctly. This is fault. I accept the MA carried out the emergency repair the next day which is not significantly outside the expected 24 hour response time. But this initial delay caused distress and frustration for Miss X, with uncertainty on whether it could have been done sooner for Mrs Y. I am satisfied it has taken appropriate action to address this with its staff.
47. According to the MA’s records, its plumbers attended Miss X’s further emergency calls either on the day or the next to deal with the toilet. On balance, I consider these generally timely responses, without excessive delay. I do not find fault.
48. However, Miss X has raised concerns to the Council about Mrs Y’s toilet since. The Council appeared to rely on the MA’s inspection report from March 2023 which said the property was of satisfactory living standard. But this report also noted Miss X said the toilet was constantly blocking even after taking steps to minimise this. She also referred to the continuing toilet problem in her complaint escalation request in April 2023, and she also raised it again with the MA within the September 2023 inspection report.
49. In my view, while the Council says the MA resolved the emergency issues by the point of its final complaint response in mid-May 2023, I cannot see that the Council or its MA properly considered Miss X’s view that the issues still continued or any clear decision making on whether it warranted further investigation. I consider this to be fault. I note the Council said Miss X did not take its offer of an inspection visit from one of its own officers. However, I consider it would have been good practice to do anyway. As it was a point of dispute about ongoing problems, this would have given the Council the opportunity to satisfy itself on whether any issues remained. This caused injustice to Miss X with further frustration. Miss X said to me she only refused on one occasion and was open to any other inspection visits.
50. I note the Council said its MA has since carried out further repairs to the toilet since its September 2023 inspection visit.

Allocation points

51. The Council explained in detail the criteria for the extra continued residency points and how it applied to Mrs Y’s circumstances. As the Council has explained; its policy says the points only apply to time living in Westminster prior to making the application. Mrs Y has lived in Westminster for over a decade since her homeless application, not before. I do not find fault with the Council for why it did not award the extra points, as it has followed its allocations scheme.

Suitability review

52. Miss X’s formal complaint in March 2023 said Mrs Y’s temporary accommodation was not suitable for Mrs Y’s disability needs. The Council has an ongoing duty to ensure temporary accommodation is suitable and this should have prompted the Council to conduct a suitability review at that point. This is fault. This caused injustice as it denied Mrs Y her statutory right to request a review of any decision that should have been made under s202 of the Housing Act.
53. The Council has now completed a review seven months on. If Mrs Y disagrees with the Council’s decision, we would expect her to exercise her right to appeal at court.
54. On balance, had it not been for the fault for this notable delay, I cannot say what an earlier decision is likely to have been based on the information and situation as it was at the time. However, this creates a level of uncertainty for what the outcome could have been and if it could have made a difference to Mrs Y’s living situation sooner. This uncertainty is injustice to Miss X and Mrs Y.

What happened – Adult Social Care – Case 23007195

55. Between September 2022 and November 2022: A physiotherapist sent a referral to the Council’s Adult Social Care team for Mrs Y. It’s Reablement Team carried out a home visit assessment and recommended equipment to support Mrs Y’s physical mobility needs for her bed and in the bathroom. Mrs Y received delivery of these items. Miss X later requested it consider Mrs Y for a level access shower.
56. In December 2022, the Senior Occupational Therapist (“OT”) reviewed the case. They made a referral to the Housing Aids and Adaptations team. In January 2023, Mrs Y moved to her current accommodation.
57. In March 2023, the Council referred Mrs Y to its Reablement team for a functional assessment to promote independence and safety in her new flat. After considering recent engagement with her, it decided not to conduct a new assessment. It informed Mrs Y the Housing Department had received the OT referral.
58. In October, when responding to our enquiries on Miss X’s complaint, the Council found it did not send the OT referral to the Housing Aids and Adaptations team in December 2022 due to an error. When Housing received it in October 2023, it said it was not in its remit to follow up as Mrs Y’s temporary accommodation is leased through a private company.
59. In November, the Reablement Team arranged an OT home visit to Mrs Y. They recommended a pendant alarm due to a history of falls and other items to increase her safety with transfers in the bathroom, alongside physical aids she already used.
60. In response to my enquiries, the Council acknowledged its error for not sending its adaptations referral when it should have done. The Reablement team had put in place a monitoring system of referrals to its Housing team to include its OT housing interface.
61. It said a timely referral may have assisted its Housing department in their discussion with the landlord to get earlier agreement to make the necessary adaptations for Mrs Y (as referred to in the Housing complaint section above).

Analysis

62. There was a delay of effective joint input from Adult Social Care to Housing. The Council has accepted fault for failing to process a referral when it should have done. It has taken action to prevent this happening again, which I welcome.
63. On balance, had it not been for this fault with the referral, I am unable to say what is likely to have happened or what may have been decided at the time in relation to Mrs Y’s needs. However, the Council has said it could have helped with the later agreed adaptations to Mrs Y’s temporary accommodation. So, there is uncertainty as to whether this could have made a difference earlier or whether the Reablement team could have recommended further aids for Mrs Y’s needs sooner. This uncertainty is further injustice to Miss X and Mrs Y.
64. I understand Miss X’s primary aim is for Mrs Y to secure suitable permanent accommodation for her benefit and wellbeing. This is not something we generally recommend. But in light of the above adaptations which the landlord and Council have agreed to, I consider these appropriate in addressing her concerns about Mrs Y’s needs within her temporary accommodation, while she continues to remain on the housing register for a future allocation.

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Agreed action

65. To remedy the injustice set out above, the Council has agreed to carry out the following actions:

Housing – Case 23004387

66. Within one month of the final decision:
• Apologise to Miss X and Mrs Y for its significant delay in carrying out a suitability review of temporary accommodation when it should have done, for initially giving incorrect contact information for repair requests, and for not properly considering Miss X’s view about the continued toilet issues;
• Pay Mrs Y a symbolic payment of £400 to recognise her injustice; and
• Pay Miss X a symbolic payment of £150 to recognise her avoidable distress, frustration and inconvenience experienced with some of the issues she dealt with.

Adult Social Care – Case 23007195

67. Within one month of the final decision, the Council has agreed to:
• Apologise to Mrs Y for the delay in making the referral from its Adult Social Care team; and
• Pay Mrs Y a symbolic payment of £100 to recognise her uncertainty with the delay of this referral.
68. The Council should provide us with evidence it has complied with the above actions.

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Final decision

69. I found fault with the Council which caused injustice to Mrs Y and Miss X. The Council has agreed with my recommendations to remedy this, and I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman