North West council failed man made homeless due to domestic abuse: Ombudsman
A borough council did not do enough to help a man who asked for help when he became homeless because of domestic abuse, electing instead to close his case without telling him why or giving him the chance to appeal the decision, the Local Government and Social Care Ombudsman (LGSCO) has found.
Halton Borough Council said it did not agree with all the conclusions reached by the Ombudsman, but said it would accept its recommendations.
These include apologising to the complainant, as well as accepting him onto its housing register.
The resident initially approached Halton for help in late 2021 and the council accepted it had a duty to help him, giving him a personal housing plan.
However, the council did not issue the man with a decision about whether it owed him the main housing duty and then closed his case without informing him.
According to the LGSCO, the council claimed it did this because the man refused to co-operate and also insisted that it had attempted to maintain contact before closing the case.
The Ombudsman, however, found the council did not follow legislation, as it should have told the man in writing and given him the right to appeal the decision.
The council’s own records displayed no evidence of any attempt to keep in contact with the resident, despite its assurances, the LGSCO said.
Halton also claimed that the man did not provide the evidence needed to support his case.
However, the Ombudsman’s investigation suggested that the man provided the information but was not told it did not meet the council’s requirements.
This left him reassured the council’s homelessness relief duty towards him would not end after the 56 days were up, the LGSCO said.
The Ombudsman also claimed that the council had put an additional barrier in the man’s way, which was registration to the council’s chosen housing website, before it would refer him to a different authority area for help.
This registration was complicated for the man by his abuser using his details to create an account, blocking him from doing so.
The council provided no support with this issue, meaning the man was unable to fulfil the council’s requirement to create an account, losing access to months of potential housing opportunities, the LGSCO said.
In this case the council was asked to apologise to the complainant and pay him a combined amount of £700 for the distress caused, along with a further £150 a month from March 2023 for a loss of accommodation he would otherwise have had access to.
It will also write to the man accepting the main housing duty, registering him on the council’s property bidding scheme, backdating to the date where the council should have accepted the main housing duty.
The Local Government and Social Care Ombudsman, Amerdeep Somal, said: “This man was vulnerable and a victim of domestic abuse which rendered him homeless. At this moment of crisis in his life, he turned to the council for help.
“The council’s failure to follow the legislation and guidance for closing a case due to deliberate and unreasonable refusal meant the man was not given the opportunity to re-engage and had his appeal rights taken away.
“All this means he missed out on the opportunity to secure accommodation and successfully bid on properties.”
Somal added: “I am pleased the council is now putting in place the recommendations I have made, which should improve both this man’s situation, and also ensure other homeless people in Halton are not treated in the same way.”
“Although the council did not agree with all the conclusions reached by the Local Government and Social Care Ombudsman, it has accepted the recommendations and will take the required action. The Ombudsman regards this as providing a satisfactory remedy for the complaint.
“The council will apologise to the complainant and will now inform the Ombudsman within three months how it proposes to implement their recommendations.”
Harry Rodd
