Summary: We found fault in the way the Council communicated with the complainant (Miss X) as well as in the Council’s record keeping and complaint handling. This fault caused Miss X injustice. The Council has agreed to apologise, provide some information to Miss X on her housing options and make symbolic payments. The Council has also agreed to carry out some service improvements.

The complaint

1. Miss X complains about the way the Council assessed the affordability of a property for her. The delay in carrying out the affordability assessment meant the Council took into account Miss X’s benefit rather than her earning potential. As a result Miss X cannot afford to stay in her current property whilst going back to work. Miss X cannot move to another privately rented property as landlords do not accept tenants who are on benefits.
2. Miss X says the Council’s failings caused her distress and affected her health. She wishes to get back to work but cannot afford to give up her benefits. Besides the flat she got from the Council is getting small for her and her growing son.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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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What I have and have not investigated

6. I have not investigated any events which happened before February 2023. As explained in paragraph four of this decision we can extend our investigation beyond the last 12 months only if there are good reasons. There are no good reasons to extend our investigation for Miss X’s complaint. She knew about the complaint process and could have complained before.

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How I considered this complaint

7. I considered the information Miss X provided.
8. I made enquiries with the Council and considered the information it provided.
9. I referred to our guidance notes “Principles of Good Administrative Practice”.
10. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legal and administrative framework

Complaint handling

11. In line with its complaint policy the Council should acknowledge every corporate complaint and respond at stage one within ten working days. If the complainant is unhappy with the outcome they can ask for the complaint to be progressed to stage two. A Complaints Officer, who is independent of the service, will respond at stage two within 25 working days.

What happened

Background

12. In April 2021 Miss X accepted the Council’s offer of a privately rented one-bedroom property in the area of a different council (Council 1). The offer responded to Miss X’s homelessness application.
13. At the beginning of February 2022 we issued a final decision for Miss X’s complaint 20 009 614. We investigated the Council’s handling of her requests for help with housing when she became homeless. We found the Council was at fault for:
• not acting on Miss X requests for help in line with legislation, which led to Miss X being forced to move out of the area and give up her job;
• its record keeping as it had failed to keep full records of the numerous contacts Miss X made to it seeking help and had failed to respond to those contacts;
• the way the Council dealt with Miss X’s complaint.
14. We did not find fault in the Council’s offer of one-bedroom property to Miss X. We found the Council considered her eligibility and noted she could not afford a two-bedroom property based on her income.
15. The Council’s record showed Miss X had suggested she wanted to stay in the Council’s area because her support network for future childcare lived nearby.

Miss X’s complaint about affordability assessment

16. In January 2024 Miss X complained to the Council about the way it had carried out her affordability assessment.
17. Throughout February 2024 Miss X kept asking the Council for its response to her complaint.
18. Miss X contacted us at the end of February 2024. She said she had been trying to communicate with the Council since July 2023. She wanted the Council to repeat her affordability assessment and consider her wages before she started receiving benefits.
19. Several times in March 2024 Miss X tried to prompt the Council’s response to her complaint. After waiting 12 weeks from the date of Miss X’s complaint, we contacted the Council. The Council kept delaying its response to us.
20. In the second week of June 2024 the Council sent its stage one response. Miss X’s complaint was not upheld. The Council said it was correct to consider Miss X’s financial circumstances at the time she applied, rather than considering her maternity pay received prior to her claiming benefits. The Council referred Miss X to the Citizen’s Advice Bureau for advice.
21. In mid-August 2024 the Council sent another stage one response to Miss X. It said it was addressing Miss X’s complaint from the beginning of July 2024 about affordability of her accommodation. The Council told Miss X that it did not owe her any further homelessness duty as she was not eligible under the Council’s policy for the Privately Rented Sector Offers. The Council referred Miss X to seek advice on her housing options from Council 1.
22. In response to my enquiries the Council said it had no correspondence between its housing team and Miss X from the beginning of 2023. It sent us the Council’s response to Miss X’s complaint of June 2024 as the only document on Miss X’s complaint records from the beginning of 2023.

Analysis

23. For the reasons explained in paragraph six of this decision I did not investigate the way the Council carried out Miss X’s affordability assessment in 2021. I found, however, that after Miss X’s contact in July 2023 the Council failed to:
• provide information to Miss X on the options available to her if she wanted to query the suitability of her accommodation, including its affordability;
• respond to Miss X’s correspondence;
• keep records of its communications with Miss X.
24. The Council’s failings listed above are against the principles of good administrative practice outlined in our guidance notes “Principles of Good Administrative Practice”. The principle of being open and accountable involves providing clear, accurate and complete advice as well as keeping proper records. It is not enough to refer people who ask the Council to provide housing services to the Citizen’s Advice Bureau or another council. Miss X consistently said she wanted to live in the Council’s area, where she had support network. The Council should consider this when providing information to her.
25. The Council’s failings within its administrative practice caused injustice to Miss X. She remained confused and did not know how to improve her housing situation. For many months she remained convinced she could not start working because of her housing and financial circumstances. She lacked clarity on her rights.
26. I also found fault in the way the Council dealt with Miss X’s complaint. It significantly delayed its response, despite multiple communications from Miss X as well as our involvement and correspondence. The delay amounted to four months. The Council’s complaint handling was also confused. After providing its response to Miss X’s complaint in June, in August 2024 the Council sent another stage one response to Miss X, including a different advice.
27. The delays and the Council’s confused responses caused Miss X further injustice. She had to wait longer for the resolution of her complaint, which prevented her from seeking alternative solutions.
28. It is of concern that in our previous investigation of Miss X’s complaint we also found fault with the Council’s record keeping and complaint handling. Despite our recommendations the Council’s failings seem to continue.
29. Responding to our recommendations included in the report 22 012 789, where we identified delays in providing stage two complaint responses, on 5 April 2024 the Council said it was undertaking a full review of its complaint handling processes and system.

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Agreed action

30. To remedy the injustice caused by the faults identified, we recommend the Council within four weeks of my final decision complete the following:
• send a written apology to Miss X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
• provide Miss X with the information on how she can pursue various housing options, taking into account her wish to move back to the Council’s area.
• pay Miss X £75 to acknowledge Miss X’s distress caused by the Council’s failing to communicate with her and £75 for her time and trouble to pursue her complaint.
31. We also recommend the Council within three months of the final decision complete the following:
• prepare an action plan to improve its record keeping within the Prevention and Assessment Service;
• send a full review of its complaint handling processes and system, carried out following the Council’s letter of 5 April 2024;
• ensure the Council’s Housing and Inclusive Economy Scrutiny Committee review this decision at the next available committee meeting.

The Council should provide us with evidence it has complied with the above actions.

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Final decision

32. I uphold Miss X’s complaint. I found fault in the way the Council communicated with Miss X as well as in the Council’s record keeping and complaint handling. This fault caused Miss X injustice. The Council has accepted my recommendations, so this investigation is at an end.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman