Ombudsman criticises council for leaving family in temporary accommodation it acknowledged was unsuitable due to disrepair for 17 months
Recommendations to Ealing Council also include remedying any complaints of injustice to 31 other households on its transfer list for temporary accommodation
The Local Government and Social Care Ombudsman has criticised Ealing Council for leaving a family in temporary accommodation it acknowledged was unsuitable due to disrepair for 17 months
Background
A couple had repeatedly complained since 2016 that the council delayed moving them and their children from unsuitable temporary accommodation – a two bedroom property on the 10th floor of a building that had leaks, damp, mould, faulty windows and exposed electrical cables.
The council eventually placed Mr and Mrs X on its temporary accommodation transfer list in late May 2021, although there was no clear evidence of whether it had undertaken a statutory suitability review. Following a request to review the property's suitability lodged by the family in September 2021, the council issued a new decision in mid-January 2022 accepting that it was unsuitable due to disrepair.
The family was eventually rehoused in later October 2021. They then lodged a complaint to the Ombudsman in May 2022.
Findings
The Ombudsman introduces its decision saying that, despite the family having complained about matters to the council since 2016, it exercised discretion to only investigate from a year prior to the family’s May 2022 complaint on the basis that they could have complained to the Ombudsman far earlier.
Nevertheless, the Ombudsman finds the council at fault for how it treated the family, saying in particular that –
'It is not sufficient for a council to simply place an applicant onto its temporary accommodation transfer list and wait for a property to become available. We expect councils to be able to evidence their efforts to secure suitable temporary accommodation at both a strategic and individual level. The Council has explained the action it is taking to increase the supply of properties at a strategic level. But it has not provided evidence to show the action taken to find suitable temporary accommodation for [the family].'
Outcome
The council agreed to apologise to the family and pay them £3,400 to acknowledge the 17 months they lived in unsuitable accommodation with disrepair issues. In addition, it agreed to review its record-keeping procedures to develop a system of recording actions taken to find accommodation for individual applicants.
Comment
Local Government and Social Care Ombudsman Paul Najsarek said today –
'While we are mindful of the difficulties councils face – particularly in London – in securing accommodation, councils must ensure that the accommodation they do provide is suitable.
In this case, not only was the accommodation not suitable, it was beset with disrepair issues. The family have told me of their concerns for their children living in a high-rise flat with unsafe windows and exposed electrics.
I am pleased the council has accepted my recommendations to remedy the situation for this family. It has told me there are 31 other households on its transfer list for temporary accommodation, so I have asked it to consider remedying any complaints of injustice to those other households too.'
For more information, see Ombudsman criticises Ealing council for leaving family in flat with faulty windows from lgo.org.uk