Summary: We will not investigate Miss X complaint about the Council’s failure to reassess her housing needs when she asked it to. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains the Council failed to reassess her housing needs when she asked it to. She says her accommodation was no longer suitable for her needs due to her medical issues. Miss X says she suffered harm because of the delay as she fell several times in the property due to her difficulty with navigating stairs.

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The Ombudsman’s role and powers

2. 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, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s representative first asked the Council to reassess Miss X in October 2023. Her representative detailed that her property was no longer suitable on medical grounds and highlighted Miss X had fallen several times in the property.
6. In March 2024, the Council completed a triage assessment which noted Miss X was struggling to get into the flat due to the steps leading to her property. The assessment also noted occupational health had stated the property was not suitable for Miss X’s health conditions.
7. In response to our enquiries in September 2024, the Council said no homeless duty had been communicated to Miss X and that she had not been moved to temporary accommodation. The Council accepted there was no clear rationale for not doing so. The Council also accepted, based on the evidence it had, that Miss X should be considered homeless as her current accommodation was so unsuitable as to effectively render her homeless. The Council confirmed to us it had reopened Miss X’s case to progress it.
8. If we were to investigate, it is likely we would find fault causing Miss X injustice. This is because the evidence does suggest Miss X’s property was not suitable for her on medical grounds. Further, the council has acknowledged it should have considered Miss X to be homeless. Therefore, there has been delay in the Council moving Miss X to more suitable temporary accommodation and taking action to progress her case.
9. I consider it is reasonable to have allowed the Council two months to have completed its enquiries, progressed Miss X's homeless case, and to have found alternative suitable temporary accommodation. This means the Council should have moved Miss X by January 2024.
10. There is therefore a delay of nine months as the Council only confirmed it had reopened her case in September 2024. I am satisfied this delay will have caused Miss X significant injustice as she had to remain in unsuitable accommodation for this time and was caused actual harm as she fell several times within the property and sustained injuries.
11. We therefore asked the Council to consider remedying this by:
• Apologising to Miss X for the delay in moving her to more suitable temporary accommodation and progressing her homeless case.
• Pay Miss X £300 for each month she remained in unsuitable accommodation when she should not have. This is a total of £2700.
• Continue to pay Miss X £300 for each month she continues to remain in unsuitable accommodation until she is moved to suitable temporary accommodation.

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Agreed action

12. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman