ADVISER: Ombudsman orders Trust to pay couple’s temporary accommodation costs

Our adviser Faith recently helped solve a serious financial problem for a vulnerable, elderly couple by asking the Ombudsman to investigate a decision taken by the Health & Social Care Trust.

Mr and Mrs Carson asked us for help when they ran into problems paying for temporary housing while waiting for adaptations to be carried out on their own home.  Mrs Carson has severe disabilities and her occupational therapist recommended that the couple apply for a Disabled Facilities Grant to help with the costs of installing a downstairs bedroom and bathroom.   The Carsons are both in their late 60s and receive a number of benefits; including Pension Credit, Carer’s Allowance and Disability Living Allowance and get Support for Mortgage Interest.

The builders decided that an extension would need to be built in order to put both a bathroom and bedroom downstairs.  This would mean that the Carson’s home would be uninhabitable for at least two months so the couple had to arrange some sort of temporary housing for this period.   Mrs Carson told us that she’d asked several agencies, including Social Services and the Housing Executive for advice on temporary housing and had been told that she’d get housing benefit if she were to rent privately.

Housing benefit claim rejected as property was not claimant’s home

The Carsons were delighted to find a landlord who was willing to grant them a short term private tenancy.  They applied for housing benefit but their claim was turned down.  Mrs Carson asked us for help reviewing the housing benefit decision.  Faith, the Carson’s adviser, had a look at the Housing Executive’s decision.  The decision was based on Regulation 7 (1) of the Housing Benefit Regulations (NI) 2006, which states that housing benefit will only be paid on a property that is normally occupied as the claimant’s home.  Although there are some exceptions to this rule, none of these applied to the Carson’s situation. There was no question that this property was a temporary residence and not the couple’s permanent home. 

Faith raised the issue with the policy team at the Housing Executive.  The Housing Executive acknowledged the difficulties associated with the Carson’s case and other cases like theirs and has raised the issue with the Department of Social Development.  However, there has been no move to amend the legislation concerned and so Faith could find no grounds to appeal the Housing Executive’s decision.

Worried about falling behind on their rent, the clients borrowed £1000 from their neighbour and paid this to their landlord.  They moved back into their newly adapted home but were incredibly stressed by the debt they owed to this generous neighbour and were anxious to pay the money back. 

Invoking Trust’s responsibilities to provide accommodation

Faith contacted the Carson’s local Health & Social Care Trust and asked if it would consider paying for the accommodation.  Article 15 (1) of the Health and Personal Social Services (NI) Order 1972 places a duty, in some circumstances, on a trust to provide accommodation, residential or otherwise.   When the trust refused to cover the Carson’s accommodation costs, Faith exhausted the trust’s internal complaints procedure in her attempts to get a successful outcome for her clients. 

When following the Trust’s complaints procedure proved unsuccessful, Faith helped the client to complain to the Ombudsman. 

Compensation or statutory duty?  Complaining to the Ombudsman

Initially, the Ombudsman’s office considered the complaint to be a request for compensation and stated that the matter was outside of its remit.  Faith highlighted that the complaint was in relation to the Trust’s failure to fulfil its statutory duty, which may include the retrospective payment of rent. The Ombudsman agreed to investigate the complaint.

After a thorough investigation, lasting several months, the complaint was upheld by the Ombudsman and it has been recommended that the Trust pay £1000 to cover the rent for the two months when Mr and Mrs Carson were unable to live in their home. Mr and Mrs Carson were delighted with the outcome of the case and feel that a huge weight has been lifted off their shoulders now that they have repaid their neighbour.