Merton pays out for lax housing policy concerning homeless mum-of-two

By Harrison Galliven, Local Democracy Reporter

Merton council has apologised to a mother-of-two for placing her in an unsuitable accommodation over a two-year period.

A recent decision by the Local Government Ombudsman found the local authority to be at fault for failing to notify the mother of her housing rights and providing unsuitable accommodation on two occasions.

As a result of its failings, Merton has sent a formal apology to the mother and has committed to “learning” from the situation. It must also pay her more than £4,700 in acknowledgement of the distress caused.

The decision dates back to July 2022, when the mother, referred to as Ms X, approached Merton council as homeless.

She is a single mother to two children, one in primary school and the other in a district secondary school. By presenting herself as homeless, Merton council had a legal obligation to provide suitable housing to her.

Ms X lived at a property given to her by the council on the day she went to them. She lived there with her family for two months, despite it being out of the borough and two hours from her children’s schools.

Shortly after moving in, she complained to Merton that the property was too far from her children’s school and place of work. She said this distance was disrupting her children’s education as well as her work commitments as a carer.

In September 2022, Merton moved her again to another house outside the area. However, Ms X told the council that it was still too far away for her family and it was full of mould, leaks and repair issues.

From late 2022 into 2023, Ms X made numerous complaints about the impact her housing situation was having on her and her family. Ms X claimed the council had advised her to give up her job, due to the location of the accommodation it offered in July 2022, although the council says its records did not show this.

She also alleged that Merton had not considered that her older child was preparing to take exams during this period and that the location of the property disrupted this.

She claimed the council had not acted on reports of damp at the second property, which was affecting her family’s health. The council rejected this claim and added that she had not managed the problem properly by neglecting the dehumidifiers provided.

In May 2024, Ms X and her family were still in the second property. Dissatisfied with the service she received from the council, Ms X raised the complaint to the Ombudsman.

In a decision published in July, they found that Merton’s service had caused Ms X and her family avoidable stress. The Ombudsman found that the council had prevented Ms X from being able to bid for more suitable properties and get a suitability review for the second property.

It was acknowledged the council housed the family in the nearest possible accommodation, and that the distance of the first property was mitigated by moving them slightly closer to their places of work and school in the second property.

However, the “long-standing” concerns around the poor conditions of the second property urged the Ombudsman to find against the council.

Merton has since been made to apologise for the injustice it caused to Ms X and her family. They were also told to ensure all offers of temporary accommodation are made in writing in future and remind staff that it must write to to applicants about their statutory right to request a suitability review.

The council must also pay Ms X £4,200 for the 21 months spent in unsuitable accommodation at the second property and £200 per month until they provide her with new accommodation.

An additional £500 must be paid in recognition of the avoidable distress and uncertainty arising from Merton’s failure to properly notify her of her rights, failure to complete a suitability review at the point of complaint, and poor communication.

Merton council said: “We accept the decision of the Housing Ombudsman and are implementing the recommendations in full. We have since offered the family an alternative temporary home, which they have accepted. We apologise for any distress caused, and we will learn from this process to help prevent similar issues from occurring in the future.”

Pictured top: Merton Civic Centre (Picture LDRS)