What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
A borough council has agreed to review its homelessness procedures after a Local Government and Social Care Ombudsman investigation into how a disabled woman was “left in limbo”.
The LGO found that the woman “was not offered, or even made aware of, her legal right to a review of her temporary accommodation” and that Kettering Borough Council had failed to offer her this right when she told them the house was unsuitable.
The woman’s disabilities meant she could not access the upstairs bathroom or bedrooms and the lack of secure storage for her mobility scooter resulted in it being damaged and the battery stolen.
The woman, who has two children, had been placed in temporary accommodation after being made homeless while the council sought longer-term accommodation.
The LGO also identified a number of other errors in the council’s handling of the woman’s situation in that it:
The LGO said that where a council provided temporary accommodation to a homeless person it must tell the applicant in writing of their right to request a review of the accommodation’s suitability. Councils must also consider whether they need to protect homeless people’s belongings, the Ombudsman added.
Kettering has now agreed to:
Michael King, Local Government and Social Care Ombudsman, said: “People in temporary accommodation have a legal right to a review of that accommodation, and ultimately to have that review considered by the courts. But they can only follow this process if councils tell them about their rights in a timely manner, as statutory guidance dictates.
“While I am pleased Kettering Borough Council has already amended its letters to residents, I would urge other authorities to look at their correspondence to ensure people’s review rights are made clear.
“Complaints are a learning opportunity for councils, and this is one all councils in England can learn from to improve their services.”