Summary: Mr X complained about how the Council managed his requests for housing assistance. The Council was not at fault.

The complaint

1. Mr X complained the Council:
• initially provided him with unsuitable temporary accommodation for ten days in April 2020, before moving him to his current temporary housing;
• refused his requests for adaptations in his current temporary accommodation to increase his safety and security; and
• did not properly consider information from his GP when deciding a studio flat would meet his housing needs.
2. He says the Council’s actions have caused him distress and affected his mental health. The Council has since reviewed his housing application and agreed he needs a one bedroom ground floor flat, but Mr X wants a financial remedy for the distress caused.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read Mr X’s complaint and spoke with him about it on the phone.
6. I made enquiries of the Council and considered the information provided. I also considered information provided by Mr X.
7. Mr X and the Council had the opportunity to comment on the draft decision. I considered their comments before making a final decision.

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What I found

Relevant law and guidance

8. A council must secure interim accommodation for applicants if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called the interim housing duty. (Housing Act 1996, section 188)
9. A council owes a person the main housing duty under Section 193 of the Housing Act 1996 if, after further enquiries, it is satisfied they are eligible for assistance, homeless, in priority need and unintentionally homeless. It will usually carry out this duty by arranging temporary accommodation for the person until it makes a suitable offer of social housing or private rented accommodation.
10. Under Section 206 of the Act and the Homelessness Code of Guidance, a council must ensure all temporary accommodation provided to an applicant is suitable for their needs.
11. Applicants have the right to ask for a review of a council’s decision about their homelessness application or the suitability of temporary accommodation (Housing Act 1996 section 202).

The Council’s housing allocations policy

12. A person who meets the eligibility and qualifying criteria for an offer of permanent accommodation can join the Council’s housing register. A person can express an accommodation preference on certain grounds e.g. area, type of home and floor level. The Council will only agree to meet a person’s preference if there is evidence to show it is required to meet the person’s needs. The Council will assess their application including any supporting information and decide what type of accommodation will meet their needs. The person is then placed in a priority band to await an offer of permanent accommodation.
13. When there is a change of circumstances, the Council will re-assess a person’s application to take into account any new information.

What happened

14. In January 2020, Mr X applied to the Council to join the housing register. The Council contacted him to tell him what information it needed to assess his application. Mr X told the Council he did not need emergency accommodation and would wait for his housing application to be assessed.
15. In April 2020, Mr X’s circumstances changed, and he became homeless. He asked the Council for help. The Council accepted it had a duty to provide him with emergency interim accommodation. In his application, Mr X told the Council of two areas where he felt his safety would be at risk. It did not record a history of substance or alcohol misuse, but Mr X says his keyworker would have told the Council about this. The Council offered him hostel accommodation in an area that Mr X did not identify as a risk. Mr X says the accommodation was inappropriate as other residents were drug and alcohol users and he had recently completed a substance misuse rehabilitation programme.
16. Mr X told the Council he was unhappy with the interim accommodation. The Council accepted it owed Mr X the main housing duty and, 10 days after moving in, offered him alternative temporary accommodation, a one bedroom flat in a different area. Mr X accepted this and confirmed he was happy with the new accommodation.
17. In January 2021, Mr X asked the Council to fit additional locks on his windows and doors and install a spy hole in the from door. The Council considered this request but decided there was no evidence increased security was needed, above what was already present at the property. It told Mr X that if he did not feel the property was safe to occupy, he should provide his housing officer with details of any incidents and they could review the case. I have seen no evidence Mr X did this.
18. In April 2021, the Council considered what type of accommodation Mr X needed in the long term. It considered his housing register application, a supporting letter from Mr X’s GP and advice from its own medical advisor. The GP letter listed Mr X’s health conditions and said his preferred accommodation would be for a one bedroom flat. The Council considered this and information from its independent medical advisor. The medical advice said there was no evidence to support that Mr X had any specific housing needs. The Council decided Mr X’s needs could be met in a one bedroom or studio flat.
19. Mr X was unhappy with this decision and complained to the Council. He said Council had not appropriately considered his health conditions. He said a studio flat would not meet his needs and he needed a one bedroom flat. The Council did not change its decision. It also did not uphold his complaint that it had failed to increase his flat’s security measures. It said if he was unhappy with his current accommodation, he could request a review of its suitability.
20. Mr X’s GP provided two further letters to the Council. These letters said that, due to his health conditions, Mr X required a one bedroom flat and that the Council should not house him in a studio flat or private rented property, as doing so would be detrimental to his health.
21. The Council reviewed this new information in August 2021 and reviewed its housing decision. It accepted his needs were for a one bedroom ground floor flat. Mr X is happy with this decision and is now awaiting an offer of permanent housing.
22. Mr X has told us that, although the Council has agreed he needs a one bedroom flat, the uncertainty has caused him significant anxiety and distress and had a negative impact on his mental health. He wants the Council to acknowledge this and provide a financial remedy for the distress caused.

Analysis

23. When Mr X told the Council he was homeless and asked for help in April 2020, the Council agreed it had a duty to provide him with interim accommodation. Mr X’s application form did indicate some risk areas, but it offered him accommodation in an area that Mr X had not identified as a risk. The application form had sections to document any risks related to alcohol and substance misuse, but in Mr X’s application these were left blank. The Council assessed his application based on available evidence and provided him with appropriate interim accommodation to meet his assessed needs. This was not fault.
24. When Mr X told the Council about his concerns with the interim accommodation, the Council took steps to move him out. Mr X accepted accommodation in a different area and confirmed he was satisfied with the new accommodation, which was a one bedroom flat and not in a risk area. The Council responded appropriately to his concerns and was not at fault.
25. Mr X asked the Council for increased security in January 2021 and the Council considered his request. It said it could not make alterations to temporary accommodation, but if he felt he was not safe and the accommodation was no longer suitable, he should provide evidence of any incidents to his housing officer who could then review its suitability. I have seen no evidence Mr X did this. The Council considered Mr X’s request appropriately but decided increased security measures were not required. This was not fault.
26. In April 2021, the Council considered the letter from Mr X’s GP and the advice from its medical advisor. The GP letter referred to Mr X’s preference rather than a need and the medical advice was that a one bedroom or a studio would meet his needs. The Council considered the information available at the time appropriately and was not at fault for deciding his needs could be met in either in a studio or a one bedroom flat.
27. When Mr X’s GP provided further evidence of his needs, the Council considered this and reviewed its decision. The Council accepted Mr X needed a one bedroom flat. It followed its policy by reviewing its decision when presented with new information and was not at fault. Mr X says the Council’s initial decision and the delay in reviewing its decision caused him uncertainty and distress. He wants a financial remedy from the Council. However, without evidence of fault, I cannot recommend a remedy.

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Final decision

28. I have completed my investigation. The Council was not at fault.

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Investigator's decision on behalf of the Ombudsman