Issue - meetings

[Report of the Monitoring Officer. To be introduced by the Cabinet Member for Housing and Estate Renewal.]

To consider the report of the Local Government and Social Care Ombudsman in relation to Housing and confirm the actions that the Councils has taken or proposes to take, under the requirements of the Local Government Act 1974, section 31(2) (as amended).

The Cabinet Member for Housing and Estate Renewal introduced the report which appended a report from the Housing Ombudsman in June 2020 which had found the Council at fault with regard to a resident’s homelessness application.

The Cabinet Member placed on record her apology to Ms B for the distress caused by the Council’s failings. She was glad to note that Ms B has been financially compensated and was now being housed in a suitably sized home let by the Haringey Community Benefit Society. The Cabinet Member was glad that the Council has taken the opportunity to learn from this incident and has taken steps to ensure that this mistake did not reoccur.

RESOLVED

1. To accept the findings and recommendations of the Ombudsman in the report shown at Appendix 1.

2. To note and approve officers’ compensatory payments to Ms B totalling £5,304.37, as set out in paragraph 6.14 below.

3. To adopt this report as the Council’s formal response under s.31 Local Government Act 1974, to be communicated to the Ombudsman.

4. To adopt this report as the Cabinet’s formal response as required by s.5A Local Government and Housing Act 1989, for distribution to all members and the Monitoring Officer.

Reasons for decision

As set out in the Ombudsman’s report, Ms B has been found to have suffered injustice as a result of faults on behalf of the Council.

Where a report such as this is made by the Ombudsman, it must be laid before the authority (s.31 Local Government Act 1974). In cases such as this where the Council is operating executive arrangements, “the authority” means the executive, i.e. Cabinet (s.25(4ZA) Local Government Act 1974).

Alternative options considered

The Ombudsman cannot force the Council to follow its recommendations, but local authorities generally do follow them.

If the Ombudsman is not satisfied with the Council’s response, he will make a further report explaining this and making recommendations. He can also require the Council to make a public statement about the matter.

Therefore, Cabinet could choose to reject any of the recommendations made by the Ombudsman.

However, this alternative is not recommended because the Ombudsman’s recommendations represent an appropriate remedy for the reasons set out above.