Ombudsman “concerned” by London borough threat to close housing register application

The Local Government and Social Care Ombudsman has expressed concern about an ultimatum the London Borough of Brent gave a disabled man seeking a two-bed council house when it said it may close his housing register application should he fail to successfully bid on a one-bed home within six months.

The man, referred to by the Ombudsman as Mr B, was first put on the housing register in 2020, awarding him band B medical priority due to mobility issues he suffers from.

In November 2021, Mr B's daughter (Ms C) asked the council to allow her father to bid on two-bedroom properties which could accommodate him and his wife.

She argued that he needed a two-bedroom home to accommodate an orthopaedic bed, shower and other disability facilities that need space.

A council medical adviser considered the request and concluded that an extra bedroom was not medically necessary, leading the council to only allow Mr B to bid on one-bedroom properties.

A request was then made for the council to review the decision. Further assessments were then carried out, but none concluded that Mr B required a second bedroom.

In March 2022, the council's allocations panel convened to consider the man's application and found that a second bedroom was not necessary as an occupational therapy report had not recommended an additional bedroom but had instead recommended a large enough bedroom to accommodate the equipment. It also argued he could store some equipment in the living room.

During its investigation, the Ombudsman found no evidence the council told Mr B about that decision. The man was eventually informed of the decision in June after his daughter chased the council.

Mr B protested the panel's decision and asked for a further review, but after a delayed response, the council said the decision was final, adding that there was no further right of review or appeal.

Finally, it said it would monitor Mr B's future bids over the next six months, which was a "reasonable timeframe" for him to become successful in securing a suitable one-bedroom home.

The message added that: "If in the event you are not successful with these future bids, the council will intend to remedy your housing need via the use of an enforceable direct offer and your application may be closed."

In his report, the Ombudsman said he was concerned about the council's six-month ultimatum, noting that the information about closing Mr B's file was not supported by the council's own allocation scheme.

He wrote: "Under the council's allocation scheme it has the option of making a direct let to applicants that need to move urgently due to an emergency medical or welfare need. The council's allocation scheme also allows it to review cases where it has awarded band A after a six-month period.

"However, the council's allocations policy does not say if the council subsequently makes a direct offer of suitable accommodation and the applicant does not accept that direct offer it will then close the application. Rather, the council's allocation scheme says if a suitable offer is refused and the council does not consider that refusal reasonable it will not make a further direct let offer."

The Ombudsman added: "The scheme also says for those placed in band A due to the need for an emergency housing move the council will interview the applicant after six months and decide whether they should remain in band A."

He found the council at fault for giving Mr B the impression it may close his housing register application if he had not secured a property after six months and did not accept a direct offer.

He also found fault with the panel's failure to address the reasons Mr B requested a second bedroom properly, and further fault with the delays in telling Mr B about the decision and in delaying to respond to his request for review.

As a remedy for the failures, the Ombudsman recommended that the council apologise to Mr B and pay him £100 to reflect the time and trouble he had to go to pursue the complaint.

He also recommended the council remind officers dealing with allocations of the provisions in the council's allocations scheme where a person placed in band A does not secure accommodation within six months or where a direct let offer is made and refused.

A spokesperson for the London Borough of Brent said: "We have already implemented the recommendations by Ombudsman. The council sincerely apologises for our shortcomings in this case and hope this won't happen again.

"We regret that failings in our processes resulted in Mr B, a Brent resident experiencing a delay in his housing application, which had not been updated correctly. We subsequently worked closely with the resident to ensure that all his needs were met, and paid him compensation for the time and trouble. He has now been successfully rehoused."

Adam Carey