Overview:

Key to names used

• Mr X The complainant

Summary

The Council failed to consider whether to provide Mr X with interim accommodation when it should have and delayed making decisions about his case. When it did address whether to provide Mr X with interim accommodation, it did not properly consider all the information he had provided. As a result, Mr X, who has a physical disability, stayed in his property until he was evicted by bailiffs and then slept for several nights on the concrete floor of a garage. Mr X has been caused significant, avoidable distress because of the Council’s actions. However, there was no fault in how the Council applied its allocations policy to Mr X.

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)

To remedy the injustice caused to Mr X, within one month of the date of this report, we recommend the Council:

• apologise to Mr X for the injustice caused by the faults in this case. We publish Guidance on remedies which sets out, in section 3.2, our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended;
• pay the court and bailiffs costs Mr X incurred between 6 October 2024 and 6 December 2024. If these costs have not yet been paid by Mr X, these can be paid to the relevant agencies directly. If Mr X has already paid these, the Council should reimburse him; and
• pay Mr X £1,250 to remedy the injustice he was caused by the faults in this case.

Within three months of the date of this report, we also recommend the Council should, through renewed training or guidance, make certain that its housing staff are aware of their responsibilities to:

• ensure homeless applicants who have received a section 21 notice (an eviction notice) are not left until the bailiffs are due to find out whether they will be provided with interim accommodation. This means the Council should be considering whether a relief duty and interim accommodation duty is owed from the date the section 21 notice expires, not shortly before, or on the day of, the actual eviction. This is a requirement of the Homelessness Code of Guidance;

• provide interim accommodation to applicants where the Council has reason to believe they may be eligible, homeless and in priority need, not when they are satisfied as to the criteria above; and

• ensure they assess and record what type of interim accommodation is suitable for applicants before the Council offers them the accommodation.

The Council has agreed to these recommendations.

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