Kensington and Chelsea (Parliament Politics Magazine) – Kensington and Chelsea Council must pay £3,000 and £150 monthly to a domestic abuse survivor after failing to properly handle her homeless application.
According to the watchdog, when Miss X reported the attack in 2023, the council ought to have finished a fresh suitability assessment, but it didn’t.
It was found that although the council had recognized this issue in November 2023, an evaluation was not finished until July 2024, following Miss X’s complaint.
According to the Ombudsman, Miss X has been living in inappropriate housing since September 2023. It stated that the council had an “immediate, non-deferrable and unqualified duty” to provide Miss X with appropriate alternative housing starting in October, when she was unable to remain with relatives, but had not done so.
It acknowledged that London’s housing shortage was a contributing factor in the authority’s inability to supply adequate housing.
Additionally, it was found that between October 2023 and July 2024, Kensington and Chelsea Council failed to follow up with Miss X or take action about her claim of domestic abuse.
The ombudsman also found the authority had “no case notes or other running record” of Miss X’s homeless application. The watchdog said:
“Such records are an important way to document contact, evidence decision making, and maintain oversight of a case.
In the circumstances, the lack of proper records in this case was at fault. This may have contributed to Miss X’s sense that the council forgot about her.”
It also found the council had not dealt with Miss X’s case in line with its own policy on domestic abuse.
The ombudsman added:
“The council’s failure to follow its policy was fault. It left Miss X without information, advice, and support at a difficult time. Miss X remains in unsuitable temporary accommodation where she is at risk of domestic abuse and which is affecting her mental health. This is an injustice to Miss X.”
In addition to offering Miss X £150 per month until it finds her a suitable house, the ombudsman has ordered Kensington and Chelsea to issue an apology and compensate her £2,950 for the 18 months she has been living in inappropriate housing.
The ombudsman may think about starting a new probe if one isn’t discovered after six months, but the council has subsequently extended an offer to her.
The council has four weeks to take action, improve its record-keeping, and teach personnel on how to deal with survivors of domestic abuse.
Miss X went in person to the council’s offices in late summer 2023 to report that an ex-partner had abused her in her temporary housing.
Miss X declined the council’s offer of a hotel room, stating that she would spend a few weeks with relatives rather than interfere with her child’s schooling.
The council discovered an internal email in November stating that Miss X required a new suitability assessment and that they should “reserve a suitable property” for her. Miss X complained to the council in June 2024, claiming that they had only provided her a hotel stay and that the absence of communication with her indicated that the authorities had forgotten about her.
A few days later, the council concluded a new suitability assessment and determined that Miss X had to relocate due to domestic violence. In response to her complaint, Kensington and Chelsea Council stated in July that it was unable to provide interim, self-contained housing.
It stated that the council had provided her with a “short-term solution” of a hotel stay for her protection, even if it was not appropriate in the long run. The council had never clarified that the hotel room offer was a temporary emergency plan, according to Miss X, who took her complaint to the next level.
She said Kensington and Chelsea Council did not follow its own domestic abuse policy in handling her case. In August, the council agreed it should have better explained its offer and compensated her £250 to “remedy the injustice caused by this fault”.
A Kensington and Chelsea Council spokesperson said:
“We are sorry for failing the resident in this case and fully accept the ombudsman’s decision. We have made an offer of suitable accommodation to the complainant.
Supporting victims of domestic abuse is a priority for the council. Housing staff receive specific domestic abuse awareness training when they start at the council and on an ongoing basis to ensure they have the skills and expertise to identify and support those affected.
Our Domestic Abuse Champions Network includes colleagues who have had more intensive training and can advise others on casework.”
He further said that London is facing a homelessness emergency, with the supply of suitable homes unable to keep up with demand. Their new draft Housing Strategy prioritises helping residents into settled homes, including by purchasing properties, using the private rented sector, enabling downsizing where appropriate and building new social homes for the first time in a generation.
Why was the Kensington & Chelsea council ordered to pay the compensation?
After failing to properly handle a domestic violence survivor’s claim for homelessness and failing to provide her appropriate housing in a timely manner, Kensington and Chelsea Council was ordered to compensate her.
Due to inadequate record-keeping and delays in delivering the required support and housing help, the council had “no running record” of her application. The council’s legal obligations to prioritize and support survivors of domestic abuse who are escaping dangerous situations were violated by this failure.
According to the Local Government and Social Care Ombudsman, the survivor experienced a great deal of anxiety and confusion as a result of the council’s tardiness and poor response.