Summary: Mr B and Ms X complained that the Council had failed to provide them with suitable accommodation. We find that the Council failed to properly consider whether to make a direct offer of accommodation, and failed to secure suitable accommodation after accepting it had a duty to do so. Mr B and Ms X have been left with uncertainty about whether suitable accommodation would have been provided if there had been no fault by the Council. The Council has agreed to apologise and make a symbolic payment to Mr B and Ms X. It has also agreed to make service improvements.

The complaint

1. Mr B and Ms X complain that the Council has not offered them housing, despite placing them in the highest housing priority band since January 2024. They consider the Council should have made them a direct offer of accommodation.
2. Mr B and Ms X also complain about the way the Council has dealt with their homelessness applications. They say it is not reasonable for Mr B to continue living in his current accommodation and so the Council should arrange suitable accommodation for them.
3. Mr B and Ms X say that as a result of the Council’s failings, they continue to live in accommodation which is significantly affecting Mr B’s health. They say he cannot access a toilet, bath or shower and is unable to leave the property to attend hospital appointments.

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The Ombudsman’s role and powers

4. 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)
5. 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)
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(1), as amended)

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How I considered this complaint

7. I considered evidence provided by Ms X and the Council, as well as relevant law, policy and guidance.
8. Ms X and the Council have 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

Legal and policy framework

Homelessness

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.

Homeless definition

10. A person is homeless if they have no accommodation in the UK or elsewhere which is available for their occupation and which that person has a legal right to occupy. A person who has accommodation should be treated as homeless where it would not be reasonable for them to continue to occupy that accommodation. (Housing Act 1996, section 175 and Homelessness Code of Guidance paragraph 6.4)

Duty to accommodate

11. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188 and Homelessness Code of Guidance paragraph 8.3)

Suitability of accommodation

12. 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 and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
13. Homeless applicants have the right to request a review of the suitability of accommodation offered after a homelessness duty has been accepted. Applicants can request a review whether or not they have accepted the offer. If they remain dissatisfied after the review, they can appeal to the county court on a point of law. (Housing Act 1996, sections 202, 203 and 204)

The relief duty

14. This duty applies when the council is satisfied that an applicant is homeless (rather than just threatened with homelessness) and eligible for assistance. The council has a duty to take reasonable steps to help the applicant secure accommodation that will be available for at least six months. (Housing Act 1996, section 189B and Homelessness Code of Guidance, paragraph 13.2)

Ending the prevention and relief duties

15. The prevention and relief duties will end when the council has complied with the prevention or relief duty and 56 days have passed (regardless of whether the applicant is still threatened with homelessness in the case of the prevention duty or whether they have secured accommodation in the case of the relief duty). (Housing Act 1996, sections 195 (8)(b) and 189B (7)(b)) and Homelessness Code of Guidance, chapter 14)

The main housing duty

16. If homelessness is not successfully 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. Under the main housing duty, councils must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Housing Act 1996, section 193(2))

Section 21 notice

17. A Section 21 notice is a legal notice a landlord uses to end an assured shorthold tenancy, requiring the tenant to leave the property after a specified period without the landlord needing to provide a reason.

Housing Allocation Scheme

18. The Council’s housing allocations scheme sets out the rules for qualifying to join the Housing Register, how applicants are prioritised and how the Council manages the allocation of available properties.
19. The scheme places applicants in a priority band from Band A (highest priority) to Band D (lowest priority).
20. In exceptional circumstances the Council can allocate accommodation outside of the established criteria. Such decisions can only be made by the Team Manager or Strategic Lead for Applications and Allocations.

Background and key events

21. Mr B, a wheelchair user with significant health needs, lives with his partner, Ms X, and their adult daughter. After applying to join the Council's housing register, an Occupational Therapist assessed Mr B as having an urgent need for housing. The report specified a need for single-level, wheelchair-accessible accommodation with accessible bathing facilities. The Council assessed Mr B’s application in January 2024 and decided to award Band A, the highest priority band.
22. The assessing officer also made a referral to the Council’s homelessness team because Mr B had provided evidence to show that his landlord was seeking possession of the property.
23. The Council’s homelessness team found that Mr B had not been issued with a notice requiring him to leave the property; he had been verbally asked to leave. The Council told Mr B that a section 21 notice was required.
24. Mr B’s landlord served him with a section 21 notice in April 2024. The Council accepted the relief duty and a duty to provide interim accommodation for Mr B and his family.
25. The Council was unable to find accommodation which would be suitable for Mr B’s health and mobility needs. It advised Mr B to stay in his current accommodation and wait for the landlord to obtain a possession order. The Council continued to seek suitable accommodation throughout May.
26. The section 21 notice expired in June 2024, but the landlord did not seek a possession order.
27. In July 2024, Ms X complained that Mr B had not been offered accommodation. She explained that temporary accommodation would not be suitable for Mr B and she questioned why a direct offer of permanent accommodation had not been made, given his urgent need for rehousing.
28. In the Council’s response, it said that direct lets were reserved for emergencies and exceptional circumstances. It acknowledged that a direct let would assist Mr B, but said that it did not have the housing stock available to be able to offer a direct let to all households in Band A.
29. Mr B and Ms X were not happy with the Council’s response and complained to the Ombudsman.
30. After we asked the Council for information about the complaint, it decided that it owed Mr B the main housing duty and it contacted Ms X about providing temporary accommodation. However, Ms X maintained that temporary accommodation would be unsuitable for Mr B because of his complex health needs. The family continues to live in the same accommodation.

Analysis

Direct offer

31. The Council’s allocation scheme states that only the Team Manager or the Strategic Lead can decide whether to make a direct offer of accommodation. In this case, the decision not to make a direct offer was made by a Team Leader. This was fault. The Council failed to follow the proper decision-making process, denying Mr B and Ms X the opportunity to have their case fully and fairly considered.

Main housing duty

32. The Council accepted the relief duty in May 2024 but failed to end it after 56 days, as required by law. If there had been no fault by the Council here, I consider it would likely have found that it was not reasonable for Mr B to continue to occupy his accommodation, and it would have accepted the main housing duty to the family in July 2024.

Duty to accommodate

33. The Council accepted it had a duty to provide interim accommodation in May 2024. The Council sought accommodation for Mr B throughout May 2024 but was unable to find any suitable accommodation. This was fault.
34. The Council’s records indicate that it stopped looking for suitable temporary accommodation because the section 21 notice had expired and the landlord had not sought a possession order, and so it considered they were no longer homeless. However, it did not issue a written decision, leaving Mr B and Ms X unable to formally challenge the outcome. This was fault.

Suitability of temporary accommodation

35. The Council has recently accepted that it has a duty to provide Mr B and Ms X with accommodation under its homelessness duties, but has not made an offer because Ms X has said that she does not consider any temporary accommodation will be suitable for Mr B. If Ms X and Mr B decide they want the Council to provide them with accommodation, the Council will have a duty to ensure the accommodation offered is suitable for Mr B’s health and mobility needs. If Mr B and Ms X then deem the offer to be unsuitable, they will have the right to request a review.

Injustice

36. If there had been no fault by the Council, it would have offered Mr B and Ms X suitable interim accommodation in May 2024. It is uncertain whether Mr B and Ms X would have accepted such an offer, considering they have indicated on at least two occasions that they do not consider any temporary accommodation would be suitable. I consider Mr B and Ms X have been left with uncertainty about whether they could have been living in suitable accommodation if the Council had offered accommodation in May 2024, as it should have done.
37. Mr B and Ms X have also been left with uncertainty about whether a direct offer of permanent accommodation would have been made if the Team Manager or Strategic Lead had considered their circumstances.

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Action

38. The Council has agreed to take the following actions within four weeks of my final decision:
• Apologise to Mr B and Ms X for the failings identified in this case. 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 when making the apology.
• Make a payment of £500 to Mr B and Ms X. This is a symbolic payment to acknowledge the uncertainty they have been left with about whether they would have been living in suitable accommodation if there had been no fault by the Council.
• Arrange for the Team Manager or Strategic Lead to consider offering Mr B and Ms X a direct let and write to them with the outcome of its decision.
39. The Council has agreed to take the following action within eight weeks of my final decision:
• Remind relevant staff of the process to follow when a request for a direct let is made.
40. Following our recommendation on a recent similar case, the Council agreed to provide training and/or guidance to its staff to ensure they are following the requirements of the Housing Act 1996 and the Homelessness Code of Guidance when dealing with homelessness applications. It will include the requirement to issue decision letters, the timescales for the relief and prevention duties and the need to consider whether it is reasonable for the applicant to continue to occupy their accommodation.
41. The Council also recently agreed to implement a monitoring system to ensure that cases are being handled within reasonable timeframes and that key deadlines (such as the decision on whether the relief duty applies) are met. Given that the Council has agreed to take these actions recently, I do not consider any further service improvement recommendations are necessary.
42. The Council should provide us with evidence it has complied with the above actions.

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Decision

43. I have completed my investigation and uphold Mr B and Ms X’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman