Section: Homelessness & Asylum Seekers

Second Report Calls For Compensation

Ombudsman Patricia Thomas issued a second (further) report on the investigation of a complaint, about homelessness, against Blackpool Borough Council. The report called on the Council to pay compensation for distress to a homeless family.

The Ombudsman's first report was released in January 2005. It dealt with a complaint from Mr. W that the Council did not respond properly when he and his family of ten presented themselves as being homeless during the summer of 2003. As a result, they suffered humiliation, upset and distress at having to repeatedly find their own accommodation at great inconvenience. The Ombudsman's report concluded that the Council:

The Ombudsman found maladministration causing injustice and recommended that the Council should reimburse Mr. W for the cost of accommodating the family for a six-week period, with a further £1,000 compensation for distress.

In response to the first report, the Council accepted that it should reimburse Mr. W for the actual cost of accommodation in Blackpool for approximately six weeks, from 7 July 2003, and has further ensured that staff are trained to deal with those presenting as homeless properly in accordance with the law and the Code of Guidance. The Council has, however, refused to pay Mr. W any compensation for the distress, which his family experienced as a result of the Council not finding them temporary accommodation. The minutes of the Council's Standards Committee, which has considered the Ombudsman's report, provide no reasons for this refusal.

In answer to a request for an explanation a Council officer has written the following:

"The Standards Committee, whilst accepting that compensation should be paid due to the Council's failure to provide accommodation for the family whilst the appropriate statutory enquiries were carried out, did not consider that the failure of the Council's processes in this matter were such as to cause distress to the family, which was occasioned by their own circumstances rather than any act or omission on the Council's behalf."

The Ombudsman feels it is inconsistent for the Council to accept its maladministration but not to recognise its obligation to remedy in full the injustice arising. He says:

"It is clear from what the complainants have told me that they suffered considerable anxiety and distress while searching for and frequently changing accommodation in Blackpool. The Council should now pay the complainants £1,000 to remedy that injustice."

L G Ombudsman (further) Report No. 04/C/00373

Report finds Serious Injustice

A report issued by Ombudsman Tony Redmond highlights Waltham Forest LBC's failure to provide interim temporary accommodation while it investigated a homelessness application from a torture victim.

Mr. T fled his country of origin, Eritrea, where he had been tortured. This left him with epilepsy and he had daily seizures for which he started to receive medical treatment when he arrived in the UK.

After Mr. T gained indefinite leave to remain in the UK, his doctor wrote to Waltham Forest Council, where Mr. T had been staying in a National Asylum Support Service (NASS) hostel, explaining that he was vulnerable and about to be made homeless.

Waltham Forest Council failed to arrange alternative temporary accommodation after the NASS hostel was unable to meet his support needs. The Ombudsman's report concludes that this was a breach of statutory duty. The Ombudsman's report further finds:

As a result of the Council's failure to provide him with suitable alternative temporary accommodation, Mr. T had to sleep rough for a prolonged period, and during this time he suffered severe hardship. The Ombudsman described the Council's handling of Mr. T's homelessness application as woefully inadequate and concluded that the failings amounted to maladministration which has caused a serious injustice.

In his report the Ombudsman recommends that the Council pays Mr. T £7,200, sends him an apology, and meets his reasonable legal costs. He has also asked for the Council to arrange a talk for Homeless Persons Unit staff, on the special needs of victims of torture.

LG Ombudsman Report No. 03/A/15819

Applicant Given Wrong Form to Complete

Local Government Ombudsman Anne Seex issued a report on her investigation of a complaint, about homelessness, against South Tyneside MBC.

Mr. S was a young homeless person in priority need. He complained about the way the Council dealt with his housing application.

Mr. S was provided with the wrong form when he first approached the Council as homeless. It then took the Council two months to enter the information, from this form, onto its computer system.

Had the Council provided the correct form, Mr. S would have been accepted as homeless and in priority need. This would either have led to an attempt by the Council to seek his reconciliation with his family, or to the provision of suitable accommodation. As it was, Mr. S was left homeless.

The Ombudsman's report finds maladministration causing injustice and recommends that:

The Council has agreed to both recommendations.

LG Ombudsman Report No 04/C/18995

Housing Monthly Diary

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Issue: January 2006 Reporting on Sept.-Dec. 2005

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