Summary: Mr X complained about the way the Council dealt with his homelessness and housing applications. He said the interim and temporary accommodation he was offered and provided with was unsuitable for his needs, the Council failed to provide him with accommodation, there were delays and a failure to manage his applications properly. We have not found fault by the Council in its handling of Mr X’s applications.

The complaint

1. The complainant, who I am calling Mr X, complains about the way the Council dealt with his homelessness application. Mr X says:

• There were delays and a failure to manage his application properly;
• The first interim accommodation provided for him was unsuitable for his needs, as a person with disabilities;
• The second interim accommodation provided for him was initially unsuitable, as it was not accessible. He was left waiting outside until suitable accessible accommodation at the same site was arranged;
• He was not told this accommodation was only available for three weeks. A Council officer wrongly asked him to arrange to extend his stay by renting the accommodation in his name. This was not permitted by the site owners. He had to vacate the accommodation at short notice, leaving behind his food and most of his belongings;
• The Council failed to offer him suitable alternative interim accommodation. He was left on the street and spent the night in hospital;
• In a meeting with the Council’s housing manager the next day, he was told he would be offered a self-contained fully furnished flat, with a tv aerial point and access to wifi. He accepted this offer on the basis it was short term interim accommodation. He then discovered the accommodation had no landline or mobile phone signal and no access to a tv aerial or wifi. He refused this offer as the accommodation was unsuitable for his needs;
• The Council failed to provide him with any alternative interim or temporary accommodation; and
• The Council ‘s actions prevented him being recommended for social housing.

2. Mr X says the Council’s failures caused him considerable health difficulties, injury and affected his mental health. He has been hospitalised twice. The Council’s improper instructions led to allegations of fraud.
3. He wants the Council to compensate him for its false allegations, improper instructions, discriminative behaviour and serious harm caused.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. If we are satisfied with an organisation’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

7. I spoke to Mr X, made enquiries of the Council, and read the information he and the Council provided about the complaint.
8. I invited Mr X and the Council to comment on a draft version of this decision. I considered their responses before making my final decision.

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What I found

What should have happened

The relevant law and guidance

9. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.

The prevention duty

10. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the council may accept a prevention duty. This duty is set out in section 195 of the Housing Act.
11. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
12. The duty can come to an end for a number of reasons, including where the applicant has become homeless.

The relief duty

13. The relief duty requires councils to help people who are homeless to secure accommodation. It is set out in section 189B of the Housing Act.
14. Under this duty a council must take reasonable steps to help an applicant secure accommodation that will be available for at least six months. Like the prevention duty, this duty arises whether the applicant is in priority need or not and does not mean the council actually has to secure accommodation for an applicant.
15. A council may give notice to bring the relief duty to an end for a number of reasons, including:

• The applicant has suitable accommodation available that has a reasonable prospect of being available for at least six months; or
• The applicant has refused an offer of suitable accommodation that would have been available for at least six months.

The interim accommodation duty

16. If a council has reason to believe a person may be in priority need at the relief duty stage, it must provide interim accommodation, under its interim accommodation duty, as set out in section 188 of the Housing Act.
17. Applicants do not have the right to request a review of the suitability of interim accommodation. If the accommodation is unsuitable, this can only be challenged by judicial review in the High Court.
18. A person may be considered to be in priority need for a number of reasons, one of which is if they are considered to be vulnerable, for example, for medical reasons.

The main housing duty

19. If a person’s homelessness is not successfully prevented or relieved, a council will owe the main housing duty to applicants who are:

• eligible;
• have a priority need for accommodation; and
• are not homeless intentionally

20. If a council accepts the main housing duty it must then secure that suitable temporary accommodation is available for the applicant.
21. The main housing duty ends when the applicant either:

• is no longer eligible for assistance; or
• accepts an offer of a tenancy made under Part 6 of the Housing Act (an offer under the Council’s housing allocation scheme); or
• accepts an offer of an assured tenancy from a private landlord; or
• refuses a final offer of suitable Part 6 accommodation; or
• refuses an offer of suitable temporary accommodation (having been informed of the possible consequences of refusal and review rights); or
• voluntarily ceases to occupy the temporary accommodation secured by the Council; or
• accepts or refuses a private rented sector offer.

Suitability of accommodation

22. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation provided under the relief duty and temporary accommodation provided under the main homelessness duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
23. The Code says accommodation that is suitable for a short period may not necessarily be suitable for a longer period. And generally, where possible, a council should try to secure accommodation that is as close as possible to where an applicant was previously living.
24. The Code also says that housing authorities will need to consider carefully the suitability of accommodation for households with particular medical and/or physical needs.
25. As the duty to provide suitable accommodation is a continuing obligation, councils must keep the issue of suitability of accommodation under review. If there is a change of circumstances the council must reconsider whether the accommodation remains suitable. ((Homelessness Code of Guidance for Councils 2006, section 17.8)

Review rights

26. Homeless applicants may request a review within 21 days of being notified of a number of decisions (Section 202(1)(f) Housing Act 1996) including:

• notice to bring the prevention duty to an end;
• the steps they are to take in their personalised housing plan at the relief duty stage;
• notice to bring the relief duty to an end;
• the suitability of temporary accommodation offered to the applicant after the main housing duty has been accepted; and
• notice to end the main housing duty.

The Council’s Housing Allocations Scheme

27. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing.  All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
28. The Council’s published scheme sets out how it operates its housing register (the Homesearch Housing Register) which contains a list of those people who have applied to the Council for housing.
29. This says:
1. Anyone seeking social housing within the Council’s district must make an application to join the register. Only applicants who are eligible and qualify for allocation of social housing are able to join the register; and
2. Applicants will qualify to join the register if they satisfy all four of the following criteria, which are that they:

• are over 16 years of age;
• are in housing need (their circumstances fall within one of the scheme’s bands);
• have been assessed as lacking the financial means to enable them to resolve their housing need: and
• have a local connection to the Council’s district.

What happened

30. I have set out a summary of the key events below. It is not meant to show everything that happened.

Mr X’s homelessness application – June to July 2021

31. Mr X had to leave his accommodation in another council’s area. He moved to stay temporarily with his sister who lived within the Council’s area.
32. On 30 June Mr X made a homelessness application to the Council. On 9 July the Council confirmed his case had been passed to a homelessness officer. It also set out further information needed from him for his application.
33. Mr X provided the Council with information about his disabilities and health issues. This confirmed he had permanent and substantial disabilities affecting his mobility and ability to complete day-to-day activities. It was noted in a 2021 occupational therapy report he was dependent on a walking stick to mobilise indoors and becoming increasingly dependent on a mobility scooter or wheelchair for longer distances and outdoor use. He also had a number of other medical and health issues and had received support from Mental Health Services. He had an emotional support dog.
34. On 17 July Mr X told the Council he could only stay with his sister for another four weeks.
35. On 19 July a homelessness officer completed a Personalised Housing Plan (PHP) with Mr X. This said:

• Further information was required from Mr X by 2 August;
• He had been advised about waiting times for social housing, for which there was currently a high demand and limited supply;
• The officer had recommended Mr X look for private rented accommodation (PRA) to resolve his current situation. He had been provided with a list of letting agents to help with his search for PRA; and
• Mr X had been advised the Council might be able to provide him with a loan to secure accommodation in the private sector, provided the property was affordable.

The prevention duty - July to October 2021

36. On 19 July the Council wrote to Mr X confirming its decision to accept the duty to help prevent him from becoming homeless (the prevention duty letter). It also sent him an income and expenditure form to complete.
37. In August Mr X told the Council he was exploring the possibility of securing suitable long-term accommodation with a housing provider. He was waiting for their decision about this. In the meantime, he would continue living with his sister on a temporary basis.
38. In September Mr X told the Council the housing provider would not assist him. The homelessness officer advised him to look for PRA (as set out in the PHP). Mr X’s application to join the Council’s housing register had been submitted. Mr X was asked to provide the information previously requested.
39. In October Mr X provided some of the outstanding information, including the completed income and expenditure form.

Mr X’s complaint – November 2021

40. Mr X complained about the way his application was being managed. He said he was being asked for information he had already provided and was unhappy his housing register application had not yet been completed. He also said his sister might be homeless soon herself and asked whether they could make a joint application.
41. The Council arranged a meeting with Mr X and his sister and a senior housing officer to discuss their situation. Following this meeting the Council wrote to Mr X and said:

• It apologised for the way he felt he had been treated by the housing service. It was never their intention to cause distress;
• Mr X’s application for the housing register in his sole name would not qualify because he had not lived in the Council’s area for two years;
• Mr X could make a joint application with his sister to join the housing register. The Council would arrange for an officer to help them complete an application. But this would not be a short-term solution because of the high demand for social housing;
• Another option was to find accommodation in the private rented sector. The Council could assist with a loan for advance rent and deposit. The property must be affordable.
• The Council could help them find out what support they could receive with their housing costs; and
• There was very little temporary accommodation available in the local area.

42. The Council confirmed it would arrange an in-person session for Mr X and his sister’s joint housing register application and an assessment for their housing support. It asked Mr X to let it know if they required assistance with the rent for their current accommodation.

Contact with Mr X about his financial situation and housing support - December 2021

43. Mr X and his sister provided information about their income and expenditure. Based on this the Council assessed they could jointly afford a property with a monthly rent of up to £1,100. It advised them to continue to search for PRA and let it know if they found anything suitable.
44. On 28 December, Mr X told the Council they were struggling to find any affordable accommodation within a 20 mile radius. He said they had seen a property in Somerset and asked whether their housing application could continue as they had been unable to find anything local.

Change in Mr X’s application - January 2022

45. On 3 January, Mr X told the Council he and his sister would not be continuing with a joint application and he would now be homeless at the end of the month. He said he would not be able to stay at a shelter or bed and breakfast accommodation because of his support dog. He had found a property advertised by a housing association and asked whether the Council could support him with an application to rent this property.
46. The following day Mr X advised the Council he had been told to leave his sister’s property within 48 hours. He said he was still keen to find a privately rented bungalow anywhere in the country.
47. The Council provided Mr X with details of bungalows advertised for rent around the country. It advised him to store his belongings at his own cost. The only interim accommodation available was likely to be at a hotel. It said in view of his disabilities and mental health it would also accommodate his dog, but the options would be limited.

The relief duty – January 2022

48. Mr X left his sister’s property. On 6 January the Council told him its prevention duty had ended and it now owed him a duty to take reasonable steps to help him find other accommodation and a duty to offer him suitable interim accommodation.

The first interim accommodation – January 2022

49. The Council secured interim accommodation for Mr X and his dog at a hotel. It wrote to him on 6 January to confirm its offer of suitable interim accommodation. It said he had been placed in this accommodation because he needed emergency accommodation and there was no other or better accommodation available in which to place him that day. This was a last resort and he would be placed there for the shortest time possible.
50. Mr X complained to the Council on 7 January about issues with the hotel accommodation. In reply the Council said it may have to consider providing him with accommodation outside of the local area. There was a possibility it might be able to arrange a placement in a caravan at a holiday park from the following week.
51. Mr X continued to complain to the Council about issues with the hotel accommodation; noise at night, lack of security, damage to his mobility scooter, dangerous building work outside his window.
52. On 11 January the Council told Mr X it had been able to book him a caravan (at which his dog could also stay) at a holiday park from 17 January. The only other accommodation options available until then were hotels which did not allow pets.

The second interim accommodation – January and February 2022

53. On 17 January Mr X and his dog moved to the alternative interim accommodation arranged for him; the caravan at a holiday park. The Council transported his mobility scooter from the hotel to the holiday park.
54. There was an initial delay when Mr X arrived at the site. The accommodation reserved for him allowed pets but was not an accessible caravan. The only fully accessible caravan available did not allow pets. The holiday park agreed Mr X could stay in the fully accessible caravan with his dog. He had to wait a couple of hours while the arrangements to change the reservation were completed.
55. The Council had booked the accommodation for three weeks. On 19 January Mr X told the Council he had an issue signing up with a new GP because he could only stay at the park for 21 days. He also said he was continuing to look for PRA but finding it difficult to find anything suitable and affordable because of his disabilities and dog.
56. A Council officer visited Mr X on 4 February to discuss a number of issues including his benefit entitlements. The Council’s records say they discussed whether Mr X could extend his stay by re-booking the caravan in his own name.
57. Mr X told the Council he had asked the holiday park about re-booking the caravan. The park had told him its rules did not allow anyone to stay for more than three weeks. Mr X said he would begin packing in readiness for a move on Monday 7 February.

The offer of alternative interim accommodation – 7 February 2022

58. Mr X and the Council had further contact on 4 February about his move on 7 February. The Council told him it would book him a ground floor room at a hotel which allowed pets. It would arrange for his belongings and mobility scooter to be transported to the hotel, and for a Council officer to be present on 7 February to assist with the collection of his belongings. Mr X was unhappy about moving to another hotel and that he would not be able to take his food with him.
59. In response to this, the Council arranged a fully furnished ground floor room at one of its hostels for Mr X with an ensuite bathroom and 24 hour access to a communal kitchen.
60. Mr X told the Council he could not go into a flat or room environment because of his disabilities. He said he would refuse to leave the caravan on Monday.

Mr X’s departure from the holiday park – 7 February 2022

61. On 7 February the Council wrote to Mr X offering him alternative interim accommodation at the hostel in discharge of its duty to provide him with interim accommodation. It confirmed this was not permanent accommodation and it was still seeking alternative suitable accommodation. It had considered his circumstances and decided the offer was suitable and reasonable for him to accept. It advised Mr X its duty to provide him with interim accommodation would end if he refused this offer
62. Mr X refused the offer because of the shared kitchen facilities.
63. Two of the Council’s officers met with Mr X at the holiday park. Mr X told them he had arranged for his dog to be collected for its safety, but he would not leave the site.
64. Mr X then said he would leave the site on his mobility scooter and wait on the roadside. The officers confirmed suitable accommodation had been arranged for him at the hostel. Mr X refused the offer and would not engage further with the officers. He left the site on his mobility scooter.
65. A member of the public called an ambulance after finding Mr X on his mobility scooter at night on a roadside. Mr X stayed overnight in hospital and contacted the Council on his discharge on 8 February.

Further offer of interim accommodation – 11 February 2022

66. Mr X had a meeting with a Council officer on 8 February. The Council told him it was about to complete the renovation of a property for use as self-contained temporary accommodation. It offered him an accessible one-bedroom self-contained flat at the property. As the flat was not quite ready for occupation the Council arranged interim accommodation for Mr X at a hotel from 8 February.
67. The new accommodation was ready for occupation on 11 February. The Council arranged a taxi to collect Mr X from the hotel and take him to the flat. Mr X told the Council he had found out there was no landline, internet or tv aerial installed at the accommodation. He said he had been duped by the Council about these facilities. He would not be left with no form of internet, tv or access to outside contact in his state of health, knowing the mobile signal was poor or non-existent. He refused the offer of interim accommodation.

End of the duty to provide interim accommodation – 11 February 2022

68. The Council decided the lack of installed tv, internet or landline facilities was not a reasonable justification for Mr X’s refusal of its offer of interim accommodation.
69. On 11 February it wrote to Mr X confirming its duty to provide him with interim accommodation had ended but it would continue to owe him the relief duty.

Steps to help Mr X find accommodation – February 2022 to March 2022

70. After leaving the interim hotel accommodation and refusing the further offer of interim accommodation on 11 February, Mr X told the Council he was now sofa surfing. The Council continued to provide him with details of PRA.
71. On 17 February, Mr X sent the Council details of a bungalow in Shropshire which he was interested in renting. He asked the Council’s officer to contact the agent about this.
72. Mr X’s application to join the Council’s housing register was still being considered. The Council asked him to provide his latest bank statements and details of a property he and his former partner had owned some years ago. The Council told Mr X he could not apply for social housing (such as housing association properties) until and unless his application to join the housing register was accepted.
73. On 28 February he sent the Council details of a property he was viewing in Somerset. He also viewed the Shropshire bungalow.
74. On 2 March, as requested by Mr X, the Council assisted him by paying a holding deposit (as a loan to Mr X) to secure the bungalow in Shropshire. He also asked the Council to help him apply for Universal Credit (UC) so he could claim housing and council tax benefit as support with his housing costs.
75. On 7 March the Council wrote to Mr X to advise him the relief duty had ended and it owed him the main housing duty. It now had a duty to make sure he had suitable temporary accommodation. The main housing duty would continue until the Council could arrange for a private landlord to make him an offer of an assured shorthold tenancy in the private sector or the Council made him an offer of social housing. Its duty would end if he refused an offer of suitable temporary accommodation made in performance of this duty.
76. On 8 March the Council wrote to Mr X offering temporary accommodation (the self-contained flat it had offered him as interim accommodation on 11 February). It said:

• It was satisfied the flat, which had disabled access and ensuite shower room, was suitable for his needs;
• If he refused this offer, the Council would no longer owe him any duty under the homelessness legislation including the duty to provide temporary accommodation;
• He had the right to request a review of the suitability of the accommodation and the decision to bring the duty to an end; and
• It had considered his disabilities and sexual orientation as protected characteristics under the Equality Act and did not consider the accommodation offered was unsuitable or discriminatory.

77. Mr X told the Council he was unhappy with this offer. He said he wanted to request a review before being finally forced to accept the accommodation offered.
78. On 9 March the Council wrote to Mr X confirming:

• The accommodation offered was a brand new fully furnished self-contained flat in a block of six;
• It had reviewed the property and it was a suitable offer of accommodation and met his current medical needs;
• He could refuse the offer of accommodation;
• He could refuse the offer and remain where he was. The Council would then write to him informing him it had ended its housing duty towards him. He would have the right to request a review of this decision. If the decision was overturned on review, the Council will still have a duty to offer him suitable accommodation. If the decision remained the same, the duty will remain discharged and he would not receive any further accommodation offers from the Council;
• He could accept the property, move in and seek a review about its suitability. If the review was successful the Council would still be under a duty to offer him suitable alternative accommodation although this might take some time. If the review was not successful an alternative offer would not be made.
• He should tell it his decision by 10 March. If he did not respond with his decision by then it would assume he had refused the offer and it would write to him to formally discharge its duty.

79. I have not seen any response from Mr X to this email of 9 March.
80. Mr X continued to contact the Council about renting the bungalow in Shropshire. The Council was provided with details of the proposed tenancy agreement for 12 months from 31 March 2022, at a monthly rent of £800 with an additional £25 for pets.
81. The Council told Mr X it would make him a loan for the advance rent and deposit and prepare the loan agreement. One of its officers would assist him with the application for UC to include a housing allowance.
82. Mr X signed the loan agreement for the advance rent and deposit. The agreement set out the repayment terms
83. Mr X was taken to hospital on 24 March with COVID 19 and other health issues.
84. On 24 March the Council sent him a letter confirming it had ended the main homelessness duty as he had refused to accept an offer of suitable accommodation. It told him he had the right to request a review of its decision the property was suitable and its decision to end the housing duty.
85. Mr X contacted the Council for its assistance with his switch to UC. The Council provided this assistance.

Mr X’s move to Shropshire – April 2022

86. Mr X moved to the private rented bungalow in Shropshire in April.

Mr X’s housing register application – May 2022

87. Mr X asked the Council about his application to join its housing register. It told him he would need to complete a change of circumstances form now he had moved and it would then re-assess his application. In the meantime, his application would be suspended and cancelled if he did not reply within 14 days. He could request a review of this decision.

Mr X’s complaint

88. Mr X complained to the Council about the way it had handled his case. The Council sent its final response in March 2022. It said it had handled his case appropriately. It advised him he could contact the Housing Ombudsman Service about his complaint if he was dissatisfied with its response.
89. Mr X contacted the Housing Ombudsman Service about his complaint. They told him in May 2022 they could not look at this as it did not come within its remit. His complaint was then referred to us.

My findings – was there fault by the Council causing injustice?

90. It is not our role to decide whether the Council’s decisions about suitability of accommodation offered or provided to Mr X were right or wrong. We consider whether there was fault in the way it made these decisions.
91. My findings are based on the evidence seen.

Complaint (a) about the first interim accommodation

92. A homeless person provided with interim accommodation by a council does not have the right to a review of its suitability. But the law says the council must ensure the interim accommodation it provides is suitable for that person.
93. The Council arranged accessible accommodation with an ensuite bathroom for Mr X at a hotel which allowed pets so his support dog could stay with him.
94. In its letter to Mr X confirming the accommodation offer, the Council said he had been placed there because he needed emergency accommodation and there was no other or better accommodation available for him that day. This was a last resort, and he would be placed there for the shortest time possible.
95. In my view, the information I have seen shows the Council properly considered Mr X’s disabilities and needs, and its suitability, before providing the interim accommodation. It reviewed its suitability in response to Mr X’s complaints and continued to search for alternative interim accommodation. It arranged to move Mr X as soon as more suitable interim accommodation became available.
96. I have not found fault by the Council on this part of the complaint.

Complaint (b) about the second interim accommodation

97. The Council arranged alternative interim accommodation for Mr X and his dog in an accessible caravan at a holiday park.
98. I understand Mr X had to wait for some time when he arrived at the site while arrangements were made to transfer the booking from the caravan initially reserved for him, which allowed pets but was not accessible, to an accessible caravan. But I do not consider there is sufficient evidence for a finding of fault by the Council in this respect. And in any event, I do not consider this issue, which was resolved promptly, is significant enough to warrant a finding of fault, or that any inconvenience was so substantial as to amount to injustice,
99. Mr X’s communication with the Council on 19 January indicates he knew his stay at the caravan was only for three weeks. The Council told him on 4 February about the arrangements for his move, together with his belongings, to new accommodation on 7 February. I consider Mr X had sufficient time to prepare for the move. I have not found fault with the Council with this part of Mr X’s complaint.
100. I do not consider there is sufficient evidence for a finding of fault by the Council regarding its proposal Mr X ask the park about re-booking the caravan in his own name to extend his stay. And in any event, I do not consider this issue is significant enough to warrant a finding of fault, or that any inconvenience was so substantial as to be amount to injustice, The park explained to Mr X this was not permitted and that was the end of the matter.

Complaint (c) about the offer of interim accommodation at the hostel

101. At the end of Mr X’s stay in the caravan, the Council initially offered him, as interim accommodation, an accessible room with an ensuite bathroom on the ground floor at a hotel which allowed dogs.
102. When Mr X refused this offer, it then offered him a ground floor fully furnished room with an ensuite shower bathroom and 24- hour access to a communal kitchen at a hostel.
103. In my view the information I have seen shows the Council properly considered Mr X’s disabilities and needs, and its suitability, before offering him the interim accommodation at the hostel. It responded to Mr X’s concerns about hotel accommodation and offered him the hostel as an alternative.
104. I have not found fault by the Council on this part of the complaint.

Complaint (d) about the offer of interim accommodation – self-contained flat

105. Following Mr X’s refusal of the hotel and hostel accommodation, the Council made a further offer of interim accommodation; a newly renovated self-contained and fully furnished accessible ground floor flat with an ensuite shower room.
106. In my view, the information I have seen shows the Council properly considered Mr X’s disabilities and needs before assessing this accommodation was suitable for him. It was satisfied that although tv, wifi and landline connections were not provided to residents, Mr X would be able to make his own arrangements to access wifi and internet facilities.
107. I also note the Council arranged to complete the remaining work ahead of schedule so the flat could be offered to Mr X as soon as possible. I have not found fault with the Council on this part of the complaint.
108. The Council explained to Mr X the consequences of refusing its offers of interim accommodation. It told Mr X on 11 February, following his refusal of its offer of the self- contained flat, it had ended its duty to provide him with interim accommodation. I have not found fault by the Council in the way it made its decision not to make any further offers of interim accommodation to Mr X after 11 February.

Complaint (d) – about the offer of temporary accommodation

109. After it accepted the main housing duty, the Council wrote to Mr X on 8 and 9 March confirming its offer of temporary accommodation, the reasons it considered the accommodation suitable for him and that its duty would end if he refused the offer. On 9 March it confirmed his right to request a review of its decision. Mr X did not respond to this email of 9 March.
110. It re-confirmed his right to request a review of its decisions about the suitability of the temporary accommodation offered and to end the main housing duty. In my view the Council followed the proper process in doing so. Mr X did not request a review of its decisions.
111. I have not found fault by the Council in the way it made its decision not to make any further offers of temporary accommodation to Mr X.

Complaint (e) about Mr X’s housing register application

112. The Council‘s housing allocations scheme makes it clear a person can only apply for social housing within its area if they have been accepted on to its housing register. This means the Council could not nominate Mr X for social housing within its area unless and until it had assessed whether he was eligible and qualified to join its register.
113. Mr X’s application to join the register was not completed because he did not provide all the information requested for the Council to assess his application.
114. In my view, based on the information I have seen, the Council processed Mr X’s application properly in accordance with its policy. I do not consider its actions wrongly precluded him from applying for social housing. I have not found fault by the Council with this part of his complaint.

Complaint (f) about delay and failure to manage Mr X’s application properly

115. In my view, based on the information I have seen, the Council properly considered Mr X’s homelessness application and application to join the housing register, in accordance with its statutory duties and its procedure and without any unreasonable delay. I have not found fault by the Council with this part of the complaint.

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Final decision

116. I have completed my investigation of Mr X’s complaint. I have not found fault by the Council in the way it dealt with his homelessness and housing applications.

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Investigator's decision on behalf of the Ombudsman