Issue - meetings

This report provides details of a complaint raised about the Council which was upheld and fault and injustice was found.

Purpose of report

To consider the Local Government and Social Care Ombudsman (LGO) Findings Report which provided details of a complaint raised about the Council which was upheld and fault and injustice found.

Decision

That Cabinet had confidence that officers always dealt with homelessness issues with compassion, care and justice. It had seen no evidence that officers had acted inappropriately in this case or that their judgment was flawed.

Having considered the report presented by the Ombudsman and the evidence presented by officers, Cabinet resolved that no further action be taken and they endorsed the considerations with regard to the complaint.

Alternative options considered and rejected

There were no other options available as Cabinet was required to discuss the findings and recommendations of the LGO

Reasons for the decision

Through this homelessness complaint the Ombudsman found fault and injustice on the part of the Council. SKDC did not agree with all findings/ recommendations, which were:

1. Apologise to Mr B for the lack of accommodation and the distress this caused him in early 2024;
2. Pay Mr B £875 to recognise the lack of that accommodation;
3. Pay Mr B a further £300 to recognise the added distress caused by him being avoidably street homeless during that time.
4. Remind its homelessness staff of the correct test and threshold for the interim accommodation duty, in particular that the threshold for this is a low one;
5. Review its standard homelessness letters to ensure these comply with the requirements of the Housing Act 1996, in particular about explanations of review and appeal rights; and
6. Remind its homelessness staff of the requirements for homelessness decisions including when these should be made and what such decisions must contain.

The Council had actioned recommendations 5 and 6. However, it had not taken action on recommendations 1- 4 because it believed the correct test had in fact been applied. The team understood the threshold for interim duty accommodation was low, but a review of the information provided as part of the homelessness application determined the criteria for the provision of temporary accommodation was not met.

As the Council had not accepted all LGO recommendations, the LGO had now issued a report under section 30 of the Local Government Act 1974 which required the Council to:

1. Share the draft report with the Council’s Chief Executive or equivalent, and relevant members or officers;
2. Place two public announcements in local newspapers and/or newspaper websites;
3. Make the report available free of charge at one or more of its offices;
4. Discuss the findings and recommendations at a high decision-making level, such as Full Council or Cabinet, after the publication of the report; and
5. Formally report back to the LGO the Council’s intended course of action.

The Council had satisfied points 1 – 3. Presenting this report satisfied point 4 as Cabinet were asked to discuss the findings and recommendations of the Ombudsman and to direct officers regarding any actions to be taken.

The financial implications of accepting the findings of the LGO were very small;  ...  view the full minutes text for item 51