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 to Mr X the Council has agreed to: apologise to Mr X in writing; pay Mr X £300 for each month he spent in unsuitable temporary accommodation from July 2014 until the Council ended its duty in October 2022. This is 99 months and £29,700; pay Mr X a further £300 a month until the Council either makes an offer of suitable alternative accommodation or otherwise ends it duty to Mr X, should the ongoing suitability review find the current offer to be unsuitable.
The Council should liaise with Mr X and his representative to attempt to agree a method of payment which does not impact on entitlement to any welfare benefits or otherwise disadvantage the family.
The Council will also take the following action to improve its services: remind relevant staff that a complaint claiming temporary accommodation is unsuitable should result in a decision which sets out the attendant statutory review rights; remind relevant staff that any extension to the deadline for responding to statutory reviews should be agreed in writing and any delay communicated quickly; ensure communication at the start of the review process makes it clear the applicant can appeal to the county court on a point of law if the Council fails to meet the statutory deadline. Amend any template letters or emails as needed.
Ombudsman satisfied with Council's response: 12 May 2023.