Summary: We have found fault with the Council for how it handled Mrs X’s homelessness application, housing register application and reports of property disrepair. This caused Mrs X and her son avoidable distress and meant they remained in unsuitable accommodation that affected her son’s health. The Council has agreed to take action to remedy Mrs X’s avoidable injustice.

The complaint

1. Mrs X complained about how the Council handled her homelessness situation, her housing register application and the disrepair of her property. She said this left her and her child living in poor living conditions which affected her son’s health and caused them distress.

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The Ombudsman’s role and powers

2. 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)
3. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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(1), as amended)

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What I have and have not investigated

5. Mrs X brought her complaint to the Ombudsman in December 2024.
6. Some of Mrs X’s complaint relates to matters which took place longer than 12 months before she brought her complaint to us. Section 26B applies in this case.
7. I considered whether I should exercise my discretion and investigate these matters although they were late.
8. These matters relate to problems caused by a defective waterpipe that the Council claimed liability for. Mrs X said the Council took two years to repair this. During these two years Mrs X lost two family members. Mrs X said their passing was as a direct result of the Council’s failure to repair the pipe and clear the subsequent mould and damp.
9. Mrs X continued to raise concerns with the Council about this matter between 2022 and 2024 and therefore I believe she could have brought this aspect of her complaint to us sooner.
10. I therefore have decided not to investigate matters that occurred before December 2023.

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How I considered this complaint

11. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
12. Mrs 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

Law and guidance - Homelessness

13. 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.
14. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

Assessment

15. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. 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)

The prevention duty

16. 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. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)

The relief duty

17. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

18. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Review procedure

19. The review must be carried out by someone who was not involved in the original decision and who is more senior to the original decision maker. The reviewing officer needs to consider any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information the council has obtained since the decision. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19)

Review timescale and right of appeal

20. Councils must complete reviews of the following decisions within three weeks of either the date of the review request or the date they receive written representations:
• on the steps they are to take in the personal housing plan at the prevention or relief duty stage; or
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the prevention duty to an end.
21. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:
• eligibility for assistance;
• not in priority need;
• intentionally homeless;
• suitability of accommodation;
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the relief duty to an end.
22. These periods can be extended if the applicant agrees in writing.
23. The council must advise applicants of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)

Law and guidance – Property disrepair

24. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Local authorities have powers under the Housing Health and Safety Rating System (introduced by the Housing Act 2004, Part 1) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk.

Law and guidance – Housing allocations

Decisions and review rights

25. Councils must notify applicants in writing of the following decisions and give reasons:
• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.
26. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))
27. Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.

What happened

Homelessness

28. In April 2024, Mrs X submitted a homelessness application to the Council. Mrs X and her son were living in a private rented property, and she told the Council the tenancy would end in July as she did not have a guarantor.
29. The Council requested supporting documents from Mrs X including a Section 21 notice. Mrs X did not have a section 21 notice from the landlord. The Council advised Mrs X that without the relevant notice, it would not consider her at threat of homelessness. The Council closed Mrs X’s case in July.
30. A week later, Mrs X’s landlord issued a section 21 notice followed by a possession order in October.
31. Mrs X submitted a new homelessness application to the Council in early November. When she hadn’t heard from the Council, she contacted her local MP who contacted the Council on her behalf.
32. The Council responded to the MP to say it had assigned Mrs X’s application to an officer who would contact her regarding housing options. It explained that due to the shortage of properties, Mrs X may need to live out of borough.
33. Mrs X contacted the Council early December to inform it that her landlord had applied for a bailiff warrant. Mrs X then complained about the poor customer care surrounding her homeless and housing register application.
34. Mrs X brought her complaint to the Ombudsman in mid-December.
35. At the end of January 2025, the Council accepted the relief duty and issued Mrs X with a personalised housing plan (PHP). The next day, the Council placed Mrs X and her son in interim accommodation

Property disrepair

36. When Mrs X contacted the Council in July 2024, Mrs X explained that the condition of the property (mould and damp) was affecting her son’s health, so they were sleeping on friends’ sofas. The Council advised Mrs X to contact the Private Sector Housing team to arrange an inspection of the property and to liaise with the landlord.
37. The Council visited Mrs X’s property and identified damp and mould. It issued an abatement notice on the landlord to investigate and clear the mould.
38. The Council revisited Mrs X’s property one month later to check compliance against the notice. The officer said they witnessed that the landlord had cleaned and treated the mould-affected walls and had provided Mrs X with a small dehumidifier. The officer said they told Mrs X that the walls may take some time to dry out but, in the meantime, the Council would close the case as it was satisfied the landlord had complied with the notice.
39. Mrs X reported further problems to the Council. In November, following the contact from Mrs X’s MP, the Council contacted Mrs X to arrange to visit her property.
40. An officer visited Mrs X’s property in early December and noted the mould and damp was very bad. The Council’s notes state that it should look for alternative accommodation. It said the housing register waiting list is long so the Council should look for alternative private rented sector or temporary accommodation as Mrs X had been issued with a section 21.
41. Mrs X complained to the Council in early December.
42. The Council offered Mrs X accommodation out of borough which Mrs X refused. She said the Council was disregarding her medical needs and her son’s specialist school placement requiring them to stay in the borough.
43. In its response, the Council recognised that the independent medical advisor had recommended that Mrs X needed to remain in the borough. It explained that this information was held on her social housing file, and the decision to offer her accommodation out of borough was made by the homelessness team.
44. Mrs X brought her complaint to the Ombudsman in mid-December.

Housing register application

45. In September 2024, Mrs X applied to join the housing register. In November 2024, the Council advised Mrs X that it had assessed her application and had awarded her Band B on medical grounds.
46. As part of Mrs X’s complaint, she requested a move from Band B to Band A on the basis of her imminent eviction and hazardous living conditions. The Council said that because Mrs X’s current accommodation was not uninhabitable, it would not upgrade her banding.
47. Mrs X brought her complaint to the Ombudsman in mid-December.
48. The Council placed Mrs X in interim accommodation in January 2025. It moved her to Band C as the property was no longer having an adverse effect on her son’s medical condition.

My findings

Homelessness

49. The Council told Mrs X in April 2024 that without a section 21 notice, it would not consider her as threatened with homelessness. It should have issued a decision and closed the case at this stage. This would have triggered Mrs X’s review rights. The Council did not issue this decision until July 2024. This was fault and delayed Mrs X’s appeal rights.
50. Once Mrs X received a section 21 notice, she reapplied to the Council. The Council took ten days to contact Mrs X. This was after Mrs X’s MP chased a response. Mrs X met the criteria as someone who had received a valid notice. She was also in priority need as her young son lived with her. This was fault. The Council delayed accepting the prevention duty. This left Mrs X and her son at risk of a bailiff eviction which would cause them distress.

Property disrepair

51. When Mrs X reported the damp and mould in July 2024, the Council was quick to visit and inspect the property. It issued an abatement notice and the landlord took action. The Council was satisfied the landlord had complied with the notice and closed the case. Mrs X was not satisfied that the problem was dealt with.
52. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
53. I have considered the steps the organisation took to consider the damp and mould, and the information it took account of when deciding to close the case. There is no fault in how it took the decision, and I therefore cannot question whether that decision was right or wrong.
54. Mrs X’s further reports of damp and mould that the Council confirmed in December is not evidence that it was at fault when it closed the case in August. The surveyors report in December identified that walls take months to dry out once the source of the damp had been repaired and the mould treated.
55. Following the December visit, the Council concluded that Mrs X’s property was unsuitable, and it would find alternative accommodation for her and her son. At this stage, the unsuitability of the property meant that Mrs X was homeless with priority need.
56. I noted that the Council offered Mrs X interim accommodation out of borough which she refused. Once the Council confirmed that the medical advisor had recommended that Mrs X needed to be housed in-borough, it should have offered alternative interim accommodation. Instead, Mrs X remained in the unsuitable property for another month.

Housing register application

57. The Council said because the property was habitable, it would not upgrade Mrs X’s application to Band A. I have seen no evidence that the Council informed Mrs X of her statutory review rights to the Council’s banding decision. This was fault that deprived Mrs X of her legal right to review.

Conclusion

58. I have found fault with the Council for:
• Delaying Mrs X’s appeal rights when it did not issue a formal decision notification when it decided she was not threatened with homelessness in April 2024.
• Failing to accept the prevention duty when Mrs X presented a valid section 21 notice when she reapplied in November 2024. This meant the Council did not take action to prevent her becoming homeless and left her facing eviction notices, bailiffs and court charges.
• Failing to make a formal decision, informing Mrs X of her appeal rights when the Council decided to reject her request to upgrade from Band B to Band A.
• Failing to provide interim accommodation for Mrs X and her son once the surveyor deemed the unsuitable in early December 2024.
59. These failings caused Mrs X and her son avoidable distress during an already stressful and upsetting situation. It also meant that they remained living in damp and mouldy accommodation that was affecting her son’s health for a further two months after the Council deemed it unsuitable.
60. The Council has agreed to apologise for the delays Mrs X experienced and the distress this caused, as well as the Council’s failure to provide suitable interim accommodation leaving the family in unsuitable accommodation. The Council has agreed to pay Mrs X £700 in recognition of the time she spent in unsuitable accommodation, and a further £500 for the avoidable distress caused during an already stressful time.

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Agreed action

61. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Mrs X for the delays, failure to inform her of her review rights, and failure to offer suitable interim accommodation.
2. Pay Mrs X £500 for the distress caused by the failings.
3. Pay Mrs X £700 in recognition of the two months spent in unsuitable accommodation in December 2024 and January 2025.
4. Pay Mrs X £250 for the time and trouble it took her to pursue her complaint.
62. Within 8 weeks of my decision, the Council has agreed to:
1. Remind staff of the statutory decision-making procedures and the need to inform applicants of their right to review.
63. The Council should provide us with evidence it has complied with the above actions.

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Decision

64. I have found fault with the Council for delays and failing to follow statutory procedures when Mrs X submitted homelessness and housing register applications. This caused Mrs X avoidable distress, denied her review rights and left her and her young son living in unsuitable accommodation.

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Investigator's decision on behalf of the Ombudsman