Summary: Miss X complained that the Council delayed accepting a homelessness application referral. We found fault by the Council which caused Miss X avoidable distress and meant she lived in an unsuitable property for longer than necessary. The Council has agreed to apologise and make a symbolic payment to Miss X.

The complaint

1. Miss X complains the Council delayed accepting a homelessness application referral, delayed responding to emails and failed to provide support. Miss X says she and her family suffered avoidable stress as the Council left them in a property which was being repossessed from the landlord.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

7. 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.
8. If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must make inquiries into what, if any, duty it owes.
9. Section 175(5) of the Housing Act 1996 says a person is threatened with homelessness if a valid notice under section 21 of the Housing Act 1988 has been served in relation to the only accommodation available for them to occupy and this will expire within 56 days.
10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out the Council’s powers and duties to people who are homeless or threatened with homelessness.
11. The Code, at paragraphs 6.35 to 6.38, says:
• it is unlikely to be reasonable for the applicant to continue to occupy their accommodation beyond the expiry of a section 21 notice, unless the housing authority is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation whilst an alternative is found;
• it is highly unlike to be reasonable for the applicant to continue to occupy beyond the date on which the court has ordered them to leave the property give possession to the landlord;
• councils should not consider it reasonable for an applicant to remain in occupation up to the point at which the court issues a warrant or writ to enforce an order for possession;
12. The Homelessness Code is statutory guidance, so councils must have regard to it. A council must have a good reason for departing from it and should record its reasons for doing so.
13. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. This is called the prevention duty. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)
14. 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 (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
15. If a council is satisfied an applicant is eligible for assistance and homeless then the council will owe the relief duty. This requires the council to take reasonable steps to help them to secure suitable accommodation. The relief duty usually lasts for 56 days. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)
16. If the council has reason to believe the applicant may be homeless, eligible for assistance, and in priority need, it has an immediate duty under section 188 of the Housing Act 1996 to provide interim accommodation, whilst it makes its enquiries. Examples of those in priority need includes those who are pregnant, have a dependent child or are vulnerable due to serious health problems, disability or old age.
17. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need, the council has a duty to secure that accommodation for them. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
18. Local authority bodies have together agreed guidelines for local authorities on procedures for referral between them, and for resolving disputes that arise when housing authorities are unable to agree whether conditions for a referral from one authority to another are met.
19. If a housing authority’s inquires under section 184(2) determine that an applicant has a local connection with the district of another housing authority in England, Wales or Scotland, section 198 allows a housing authority (‘the notifying authority’) to refer a case to another housing authority (‘the notified authority’) at the point of the relief duty or main housing duty.
20. The Secretary of State recommends that the notified authority should respond to a referral within 10 working days.

What happened

21. Miss X lived in a privately rented property with her family. The landlord was Miss X’s mother.
22. Miss X made an application to join the Council’s housing register in April 2024. The Council sought information from Miss X. Miss X provided some information towards the end of April. The Council sought some outstanding information in May.
23. The Council received a section198 referral from another council on 11 July 2024. This stated Miss X was living at her mother’s property which was being repossessed. Miss X had no local connection to the referring council but it was considered she met the local connection requirement for Thurrock Council due to her address history and family association. The referring council attached a copy of the possession order and letter from the mortgage lender’s solicitor.
24. The Council acknowledged the above referral on 7 August and apologised for the delay. The Council said it would consider the matter that day and ask for any more information if needed. The Council asked if Miss X was in temporary accommodation.
25. The referring council confirmed on 8 August that Miss X remained at her mother’s property which was due to be repossessed. The Council asked for any letters that had been issued to speed matters up and noted it was likely to accept the referral. The referring council provided documents by return email including a notice to quit dated 15 July 2024 and suspended possession order dated 31 May 2024.
26. Miss X provided the Council with a copy of the information she had originally provided to the referring council on 16 August. Miss X contacted the Council on 18 August about boiler issues and advised her family had effectively been homeless from April.
27. The Council asked Miss X on 19 August if she had received a bailiff date. Miss X advised she had received the eviction notice in July but did not have a date as she was not in contact with her mother. Miss X explained they had found out in May the property was due to be repossessed. Miss X attached a rent agreement and eviction notice. Miss X confirmed they had stopped paying rent at the point they discovered her mother was not paying the mortgage.
28. The referring council sent a reminder to the Council on 29 August about the referral made in July as it had not received any further communication following the email of 8 August.
29. Miss X asked the Council for an update on 3 September and 4 September. The Council sent a holding reply on 4 September.
30. The Council completed an assessment of needs with Miss X on 5 September. The Council wrote to Miss X on 5 September to say she was eligible for assistance and homeless as she was being evicted from her current accommodation by her mother. This set out the Council’s s189B Relief Duty in the next 56 days to help secure accommodation. The Council attached a copy of the personal housing plan (PHP) with a review date of 5 November to check progress. The PHP noted the housing officer was to check Miss X’s housing register application. The Council has not provided evidence of this action.
31. The Council noted internally on 16 January 2025 that the original referral was a full section 198 referral meaning on acceptance it should have accepted the main duty as the applicant was already homeless as she was staying in accommodation that did not belong to her and had been asked to leave.
32. The Council wrote to Miss X on 17 January to say the relief duty was ending as 56 days had passed but as Miss X was still homeless the Council would move to consider its further duty.
33. Miss X advised the Council on 17 January of an incident at the property with her mother. The Council provided interim accommodation to Miss X on 20 January 2025.
34. The Council wrote to Miss X on 31 January to accept the main housing duty. This letter also explained the different legal duty in relation to any accommodation and her right to seek a suitability review. Miss X has made a separate complaint about the suitability of this accommodation which has not formed part of my investigation.
35. The Council wrote to Miss X about her housing register application on 10 February 2025 to say she had been awarded Band 3 from that date for a two bedroom property due to the Council accepting the main housing duty.
36. The Council has confirmed it has since offered Miss X a property in July which she accepted. This tenancy started on 4 August.

Findings

37. The Council received the section198 referral from another council on 11 July 2024 but did not respond to this until 7 August. This is outside the timescale recommended by the Secretary of State of 10 working days.
38. There are no statutory time limits for making decisions in homelessness cases. However, we would expect authorities to conduct assessments, take necessary actions and make decisions, in a reasonable timeframe. Miss X approached the Council via a referring council on 11 July 2024, but the Council did not contact her to substantively start its assessment until 5 September. This was not a reasonable timeframe, and I therefore find the Council was at fault. This will have caused Miss X avoidable frustration and distress during an already stressful period.
39. The Council also failed to complete the agreed action in the PHP of checking Miss X’s housing register application. This is further fault.
40. The Council awarded Miss X the relief duty in September 2024, and therefore it decided she was eligible for assistance and homeless. The section 188 duty to arrange interim accommodation during the relief stage is triggered as soon as the authority has reason to believe that an applicant may be eligible, homeless and in priority need. This is a low threshold. It is an absolute duty, and the authority cannot postpone it due to a lack of available resources.
41. There is no evidence the Council considered its duty under section 188 at that time and did not offer Miss X interim accommodation until 20 January 2025. Its failure to do so is fault. I am satisfied, on balance, that Miss X and her family lived in unsuitable accommodation for longer than necessary as a result.
42. The Council has provided details of the properties meeting Miss X’s needs that were let during the period 11 July 2024 to 10 February 2025 and information about the successful bidders for these properties. This information shows that the successful bidders all had a higher banding priority or an earlier effective date. I have also considered whether Miss X may have been successful for any of these properties if she had received an earlier effective date than 10 February 2025. The effective date for most bids was between 2019 and early 2024 before the Council received Miss X’s referral in July 2024. There were properties let with an effective date of July and December 2024 but the successful bidder in each case had a higher priority banding than Miss X. The Council has also provided details of the bids made by Miss X since the award of her Band 3 priority on 10 February 2025 and information about the successful bidders for the same properties. Again, the effective date for each successful bidder is before July 2024. There is no evidence Miss X missed making a successful bid on a property due to the Council’s delay highlighted above.
43. There have been recent service improvements recommended by the Ombudsman for similar issues that have arisen in this complaint. I have therefore not made any further recommendations as we will monitor the impact of these changes through the complaints we receive.

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Action

44. The Council should take the following action within one month of my final decision to provide a suitable remedy to Miss X:
1. write to Miss X to apologise for the delay in dealing with the section 198 housing referral it received in July 2024 and the faults highlighted in this statement about how it assessed her homelessness application; and
2. make a symbolic payment to Miss X of £500 to acknowledge her avoidable frustration and distress and living in an unsuitable property for longer than necessary.
45. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
46. The Council should provide us with evidence it has complied with the above actions.

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Decision

47. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman