A homeless mum was unable to live with her two disabled children for over a year and a half after a South London council placed her in a flat that wasn’t wheelchair accessible.
The Local Government Ombudsman (LGO), which handles complaints about local authorities, has ordered Lambeth Council to pay the woman at least £15,000 in compensation.
The mum-of-three, referred to as Ms X, moved into the temporary accommodation, a maisonette in an unspecified outer London borough, in February 2023.
Her two eldest children, known only as A and B in the LGO decision dated October, were unable to stay at the property due to steps and flights of stairs leading to nearly all the rooms.
The siblings, who both have significant disabilities and special educational needs, had to remain at a residential special school, which is outside of London but near to their mum’s temporary accommodation.
The children were unable even to stay with Ms X for short breaks during the weekends and school holidays because they couldn’t get in the maisonette.
In its report, the LGO said it had identified “serious failings” in the way the council had considered Ms X’s and her family’s needs.
Despite Ms X asking via a solicitor that the council review the suitability of the temporary accommodation in February 2023, the LGO said the council had failed to respond to the request.
“The council’s evidence shows a systemic delay in making review decisions. This service failure will have a significant impact on many other homeless applicants and their representatives,” the LGO added.
A ‘housing needs assessment’ for the family sent to the LGO by Lambeth as part of its investigation in March incorrectly said that the two eldest kids weren’t living with Miss X because they were in hospital. The LGO described the assessment as ‘inadequate’ and ordered the council to review and correct it.
The report added that there was no evidence that Lambeth considered or responded to serious concerns raised by A and B’s social worker in December 2023 about the emotional impact that separation from their mum was having on the siblings.
The LGO said the council had a ‘duty’ under the Children’s Act 2004 to promote the welfare of the children.
“Furthermore Article 8 of the Human Rights Act [the right to a family life] is clearly engaged considering the social worker’s statement that the failure to provide suitable accommodation for all the family members is causing psychological harm and interference with their family life,” the LGO added.
The council was ordered to pay Ms X £350 per month backdated to February 2023 until it rehouses her in suitable accommodation, as well as a £3,000 lump sum to recognise the harm caused to the two eldest children.
Lambeth must also pay the woman £4,750 for avoidable financial losses due to storage costs she has incurred and £250 per month for storage expenses going forward, until she is rehoused in a suitable property. The council has also agreed to apologise to Miss X and her solicitor.
A Lambeth Council spokesperson said: “We acknowledge the findings of the Ombudsman and have agreed to carry out the recommended actions.”
