Another payout ordered by watchdog after KC council lets down disabled resident

Kensington and Chelsea council has been ordered to pay £2,000 upfront and £150 a month until a disabled resident finds suitable accommodation.

The Local Government and Social Care Ombudsman said the local authority caused the tenant, known only as Miss X, distress and injustice for leaving her in inappropriate temporary accommodation (TA) for more than 14 months.

The council was ordered to apologise and pay Miss X £300 for the injustice caused by the handling of her case. They were also told to pay £150 for each month she has lived in unsuitable TA which, after deductions, totalled £1,600.

The ombudsman said if Kensington and Chelsea council did not provide Miss X with a suitable flat after six months, it would consider opening a new investigation.

It comes after Miss X made a formal complaint to the council in May 2024 saying they had failed to provide her with alternative suitable TA since December 2023 and had communicated with her poorly.

She said her housing situation was affecting her health and asked to be moved to a suitable flat outside of the borough, preferably one with outdoor space. The council apologised and awarded her an additional 900 bidding points.

It also said there was a severe shortage of available and affordable TA and would notify her once a property became available. It did not provide her with a timeframe.

In July 2024, Miss X escalated her complaint and maintained she could not use lifts due to her phobia and requested an extra room for her carer. The council refused the request saying their initial medical assessment recommended a two-bedroom property and that there was no evidence she could not use lifts.

It also said there were no medical professional reports showing Miss X required a full-time carer but urged her to provide further evidence so the council could conduct a new health and disability assessment for her. It also paid her £500 for the distress and inconvenience.

The ombudsman said while the demand for social housing far outstrips the supply of properties in many areas, the council was still at fault for not providing Miss X with suitable housing and did not keep Miss X updated on her housing case between January and April 2024, until she contacted them for an update.

It also found no evidence the council considered looking for suitable places outside the borough after Miss X informed them in April she was willing to be moved if they offered her permanent accommodation.

It also called the council’s £500 payment to Miss X as “insufficient” and said it took them too long to respond to her complaints. The ombudsman said: “We have recently made service improvement recommendations in other decisions about the council conducting staff training about the importance of securing alternative suitable TA for its residents.

“In particular, where the council has already accepted the TA is unsuitable. We also made recommendations for staff training on the importance of adhering to the council’s complaint procedure timescales.

“We are continuing to monitor the actions the council takes to ensure compliance with those and similar recommendations.”

A Kensington and Chelsea council spokesman said: “We apologise for the failings in this case and have completed the actions suggested by the ombudsman.”

Picture: Kensington town hall (Picture: Google Street View)