Overview:

Summary

Using our powers to investigate matters coming to our attention during an investigation, we opened this investigation to consider whether fault by the Council in its handling of homelessness has caused injustice to others who have not complained.

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)

It is not proportionate or realistic to expect the Council to contact every applicant we have found should have received a reviewable decision. Some will no longer need help. Others made further applications and had duties accepted. Others still may have withdrawn their applications. Rather than remedy past injustice, therefore, we have sought to address current injustice and ensure that the Council does not continue to cause this injustice in future.

To remedy current injustice, within six weeks of the date of this report the Council should:

• review the housing advice request forms and any other correspondence with current applicants open at triage to identify all cases where there is reason to believe the applicant might be eligible and homeless or threatened with homelessness. In every such case, proceed with inquiries to decide what, if any, further duty the Council owes and ensure it issues a decision with review and appeal rights; and

• contact all applicants whose case it closed in the last 56 days for failing to complete the steps in the triage letter and invite them to continue their applications.

• The Council should ensure it deals with any complaints from others affected in line with our findings and remedy individual injustice in line with our Guidance on remedies.

• To prevent future injustice and improve its services, within three months of the date of this report the Council should review and amend its triage process to ensure it:

  • is no longer gatekeeping by demanding applicants meet excessive, unnecessary, or overly rigid requirements before it will consider their cases;

  • does not take a blanket approach to closing cases after a set period, regardless of the information it has about the individual circumstances;

  • considers the information it has in the housing advice request form and other correspondence in all cases and makes a decision about what, if any, duty it owes in those cases where it has reason to believe the applicant might be eligible and might be homeless or threatened with homelessness;

  • notifies applicants of this decision in writing, telling them about their statutory right to request a review; and

  • offers interim accommodation immediately to all applicants it has reason to believe might be eligible, homeless, and in priority need.

The Council has accepted these recommendations.

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