Overview:

Key to names used

• Mr X The complainant

Summary

Mr X complained that the Council failed to provide sufficient support when he became homeless due to domestic abuse. Mr X considers the Council’s actions show it discriminated against him as he was not treated the same way as a woman fleeing domestic abuse. Mr X also considers the Council’s actions have caused the loss of his belongings, caused significant distress and put him at risk of harm and abuse.

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)

In addition, the Council should take the following actions within three months of the date of this report.

• Send a written apology to Mr X to acknowledge the distress and loss of opportunity caused to him by the faults we identify in this report. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology.
• Make a symbolic payment of £800 to Mr X to acknowledge the distress caused to him by being street homeless for five weeks longer than necessary.
• Make a symbolic payment of £800 to acknowledge the distress caused by the Council’s failure to properly consider the risk to Mr X from his relative, failure to book hotel B for three nights, delay in accepting the main housing duty and by its failure to properly consider its duty to protect Mr X’s belongings.
• Consider Mr X’s request of August 2024 for a review of the Council’s decision to place him in band 3.
• By training or other means, remind officers of the low threshold for triggering the Council’s duty to offer interim accommodation when an applicant first makes their homelessness application. It should also remind officers of the provisions of Section 21.25 of the Homelessness Code of Guidance when dealing with applicants who may be fleeing domestic abuse.
• Draw up an action plan with target timescales to reduce the Council’s delays in considering the main housing duty to ensure it is making these decisions within the required timescales. The Council should provide a quarterly report to the relevant committee or cabinet member of progress against the action plan to ensure democratic oversight.
• Review its policy on the protection of property for people to whom it has a duty to take reasonable steps to protect belongings. This is to ensure the Council’s policy meets its duties under Section 211 and 212 of the Housing Act 1996.

The Council has accepted our recommendations.

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