Council told to overhaul homelessness reviews after delays left disabled woman in unsuitable accommodation too long

The Local Government & Social Care Ombudsman has criticised the Royal Borough of Kensington & Chelsea over delays that left a disabled woman in "unsuitable" temporary accommodation for too long.

However, the council has not agreed to implement the LGO’s recommendations, including that it should overhaul its process for dealing with homelessness reviews and pay the woman £3,500.

The woman, who had been sleeping rough in an airport, had previously had a stroke, and been diagnosed with severe tinnitus and arthritis, leaving her with chronic balance problems and dizziness.

The LGO investigation found that RBKC had provided her with accommodation up four flights of stairs, despite the woman, her GP and solicitor telling the council of her medical conditions.

When the woman complained, the council told her she could either accept the accommodation, or return to the streets, the LGO claimed.

According to the Ombudsman, the council’s delay left the woman spending 14 months too long in unsuitable accommodation that she struggled to access, and which her GP claimed caused her health to deteriorate.

The Ombudsman’s investigation also found the council at fault for:

• taking 20 weeks to review its decision, when it should have taken eight;
• confining the review decision to the single issue of whether the woman was homeless, “when it should have considered its full duty towards her”;
• the way it considered the woman’s mobility needs, despite being provided with compelling evidence.

The Ombudsman recommended that the council:

• apologise to the woman;
• pay her £3,500 in recognition of the hardship caused by her 14-month stay in unsuitable accommodation;
• ask applicants to read the suitability of accommodation assessment form and sign to indicate their agreement;
• produce a briefing note to remind officers of the duty to keep the suitability of interim accommodation under review and to respond promptly if they receive information that indicates a person’s accommodation may be unsuitable for their needs;
• overhaul its process for dealing with homelessness reviews to eliminate delays and ensure the review officer reviews the whole decision afresh by considering all relevant criteria. “This includes any new material or facts which have come to light since the original decision.”

The council has not agreed to these recommendations, the LGO said.

Local Government and Social Care Ombudsman, Michael King, said: “This woman waited too long to find out what duty the council owed her because she had to go through reviews of each individual criterion. The courts have confirmed that a request to review one criterion, such as priority need, is a request to review the whole decision on the duty owed: she should have only had to ask for one review.

“On top of this, the council failed to consider the problems the woman faced when she was placed in the unsuitable fourth floor accommodation: she struggled to climb the stairs and she had falls. The uncertainty about her situation increased her anxiety at what was an already difficult time.

“I now urge the council to accept the recommendations in my report, which should ensure other homeless people do not have to suffer the same problems.”