Summary: Mr X complained the Council wrongly removed him from its housing register and failed to provide him with interim accommodation following a homelessness application. Mr X also complained about delays in the Council’s complaint handling. Mr X says the Council’s actions caused significant harm to his mental and physical health and negatively impacted his relationship with his children. We found fault by the Council. The Council has agreed to provide an apology and financial remedy to Mr X and reconsider his request for a review regarding his eligibility to be placed on the housing register.

The complaint

1. Mr X complained the Council wrongly removed him from its housing register. He also complained the Council failed to provide him with interim accommodation following a homelessness application, despite him providing information which he considered confirmed his eligibility. Mr X also complained about delays in the Council’s handling of his complaint. Mr X says the Councils’ actions caused significant harm to his mental and physical health and negatively impacted his relationship with his children. He would like the Council to reinstate him on the housing register and provide an apology and a financial remedy.

Back to top

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. 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)
4. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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(1), as amended)

Back to top

What I have and have not investigated

6. I have exercised discretion to investigate Mr X’s complaint dating back to July 2023 (when Mr X completed a change of circumstances form). I have not investigated events dating back to 2018 because it is not proportionate to do so and there is no worthwhile outcome achievable. This is because Mr X lost his signing-in information and was unable to access his housing register account for the period prior to July 2023.

Back to top

How I considered this complaint

7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
8. Mr X and the Council had an opportunity to comment on a draft of this decision. I considered all comments before making a final decision.

Back to top

What I found

Housing Allocations

9. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises.
10. 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))
11. 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.

The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))

Homelessness

12. 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. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
13. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
14. A person may have a priority need if they are:
• pregnant or have dependent children;
• a victim of domestic abuse, or
• vulnerable, (for example, due to medical reasons).
15. Homeless applicants may request a review within 21 days of being notified of certain decisions, including:

• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Principles of good administrative practice

16. In 2018 the Ombudsman published a guidance document (updated in January 2025), setting out the standards we expect from bodies in jurisdiction “Principles of Good Administrative Practice”. This includes:
• Stating the criteria for decision making and giving reasons for decisions
• Keeping proper and appropriate records
• Explaining clearly the rationale for decisions and recording them

What happened

17. This chronology includes key events in this case and does not cover everything that happened.
18. In July 2023, Mr X notified the Council about a change in his circumstances. Mr X told the Council he was homeless following the breakdown of a relationship and as a result, was either sleeping on the streets or in his vehicle. Mr X told the Council he had support needs. He said his poor mental health and depression had caused several physical conditions and had also negatively impacted his ability to maintain his job and his relationship with his children.
19. In August 2023, Mr X made a bid for a property via the Council’s choice-based lettings scheme.
20. On 19 September 2023, Mr X emailed the Council. He said the Council had initially shortlisted him for the property. However, before he could view it, the housing association told him he was no longer shortlisted because his housing register application was not validated. Mr X questioned this and said his application had been registered since 2017.
21. The Council emailed Mr X on 2 October 2023. It said Mr X needed to pass the second stage of the verification process to fully qualify and be eligible for housing. The Council asked Mr X to provide several documents to support his application.
22. The Council sent a separate email to Mr X on the same day. It said the Council had introduced a new allocations policy in October 2022, and based on the information provided by Mr X, he did not qualify to go onto the housing register. The Council said this was because Mr X had no fixed address. The Council said Mr X should contact the housing option team or look for alternative accommodation in the private rented sector.
23. Mr X emailed the Council on 22 October 2023. He asked the Council to review its decision regarding his housing application and to consider what he referred to as the ‘exceptional circumstances’ of his case. Mr X said his housing register application had been open since 2017 and he had provided all requested documents at that time. Mr X said he only became aware in September 2023 about the issues regarding the validation of his application, and the Council had not previously contacted him about this. Mr X told the Council he was finding it difficult to maintain his job and be a supportive father under the circumstances, and that he was taking anti-depressant medication and undergoing speaking therapy.
24. On the same day, Mr X contacted his MP to tell them about what had happened, and to ask for any help possible.
25. The Council replied to Mr X on 25 October 2023. It said as Mr X no longer had a permanent home, it was unable to accept his application to the housing register. The Council said Mr X should instead make a homelessness application.
26. Mr X attended a housing assessment with the Council on 2 November 2023. The Council recorded that Mr X was sleeping rough in his vehicle. It acknowledged a diagnosis of depression and recorded that Mr X could potentially be a danger to himself. It also recorded that Mr X was taking medication to treat his depression and to treat a condition causing back pain.
27. On the same day, the Council notified Mr X that it had accepted a duty to help resolve his homelessness. It said it was satisfied that Mr X was homeless and eligible for help.

Mr X’s complaint

28. On 3 November 2023, Mr X’s MP forwarded Mr X’s email of 22 October 2023 to the Council’s complaints team.
29. The Council responded to Mr X’s MP on 29 November 2023. It said it had assessed Mr X’s housing application as ineligible on 2 October 2023 and had removed him from the housing register. The Council said Mr X’s application was initially active, but became inactive in March 2018 following a change in the Council’s systems. It said this was because Mr X did not re-register at that time. The Council said Mr X’s application remained inactive until July 2023, when he notified the Council of a change of circumstances; it said Mr X’s application was reactivated at this time due to a system error, which allowed Mr X to bid. The Council said, however, the bids were invalid because Mr X’s application was not assessed and the Council had not awarded a housing priority.
30. Mr X replied to his MP on 5 December 2023. He said he disagreed with the Council’s response, and said it had not accepted any responsibility for its role in the handling of his application. Mr X also said he had provided information to the Council about his anti-depressant medication and told it he had had suicidal thoughts. Mr X said he was a vulnerable person, but the Council had not provided him with any interim accommodation. Mr X’s MP forwarded the email to the Council on 14 December 2023 and asked it to consider it in line with its complaints policy.

What happened next

31. On 25 January 2024, the Council wrote to Mr X to offer him a tenancy in privately rented accommodation. The Council said it was bringing the duty owed to Mr X (as stated in its letter dated 2 November 2023) to an end. It told Mr X he had a right to request a review of this decision within 21 days.
32. A few days later, Mr X accepted the offer of privately rented accommodation.
33. On 30 January 2024, the Council received a medical assessment report. The report acknowledged Mr X’s history of depression and suicidal thoughts, and considered Mr X’s medical history made him significantly more vulnerable than the ordinary person if homeless. The report recommended accommodation on medical grounds.
34. On 21 February 2024, Mr X emailed the Council and asked for a review of the decision regarding the property offered to, and subsequently accepted, by him. Mr X set out the reasons why he considered the property was not suitable for him.
35. The Council provided its complaint response to Mr X on 22 July 2024. It said that following the full housing assessment on 2 October 2023, the Council found Mr X was not in priority need and was therefore not eligible for interim accommodation at the time. As a result, the Council referred Mr X to its procurement team to help secure alternative accommodation via private renting. The Council apologised for the delay in responding to the complaint but said it had assessed that Mr X’s subsequent acceptance of the property was suitable and affordable.
36. Mr X escalated his complaint on 17 September 2024 as he disagreed with the Council’s response.
37. The Council provided its stage two response on 23 October 2024. The Council said it had ended its duty to Mr X when it offered him the privately rented accommodation. It said the appropriate remedy to Mr X’s disagreement with this was available to him at the time, namely for him to request a review of the Council’s decision.
38. Mr X remained dissatisfied with the Council’s response and brought his complaint to the Ombudsman.

Analysis - Mr X’s complaint regarding the housing register

39. The Council said Mr X’s housing register application became inactive in 2018. As stated in paragraph six of this decision statement, I have not investigated events dating back to this period.
40. However, Mr X requested a review of the Council’s decision dated 2 October 2023; this was that Mr X did not qualify to go onto the housing register because he had no fixed address.
41. Councils must notify applicants of the right to request a review of a decision that they are not a qualifying person. The Council’s letter dated 2 October 2023 did not notify Mr X of this. This is fault. However, there is no injustice to Mr X because Mr X requested a review of the decision anyway.
42. Mr X made his request for a review within 21 days of the Council’s decision letter. Mr X considered there were exceptional circumstances regarding his case, including that he had already provided all required information, and that he had received no notification to say his application was not validated.
43. The Council’s response did not address any of the circumstances stated and simply said it was unable to accept Mr X’s application because he had no permanent home.
44. I have reviewed the Council’s records but have seen no evidence to indicate how/if the Council considered the reasons put forward by Mr X. The lack of records to demonstrate how/if the Council considered the specific circumstances relating to Mr X’s request for a review, and the lack of explanation in the Council’s response dated 25 October 2023 regarding this, is not in accordance with the principles of good administrative practice. This says councils should keep proper and appropriate records and provide a clear rationale for decisions. As a result, the Council is at fault regarding this aspect of the complaint. The injustice to Mr X is the distress and uncertainty as to how/if the Council considered the reasons for his review request.

Interim accommodation

45. The section 188 duty to arrange interim accommodation is triggered as soon as the authority has reason to believe that an applicant may be eligible, homeless and in priority need.
46. The Council’s decision letter dated 2 November 2023 confirmed the Council considered Mr X was eligible for help and homeless. In its complaint response however, the Council said Mr X was not in priority need and was therefore not eligible for interim accommodation.
47. A person may have a priority need if they are vulnerable, for example, due to medical reasons.
48. The Council’s records show:
• Mr X’s change of circumstances form completed in July 2023 acknowledged that Mr X had support needs due to feelings of isolation, poor mental health and depression
• The Council acknowledged Mr X’s depression as a medical condition in its case note dated 26 September 2023
• The Council’s assessment dated 2 November 2023 acknowledged Mr X’s diagnosis of depression and that he may have been a potential danger to himself
49. Based on the above, the evidence shows the Council had identified Mr X may have been vulnerable, and therefore in priority need, at the time of its decision on 2 November 2023. The Council’s medical assessment report dated 30 January 2024 later confirmed this as it stated Mr X was significantly more vulnerable than the ordinary person if homeless.
50. As a result, the section 188 duty to arrange interim accommodation was triggered on 2 November 2023; it found Mr X to be eligible and homeless, and the Council already held records referring to Mr X’s medical condition.
51. The failure to arrange interim accommodation once the section 188 duty arose is fault. The injustice to Mr X is the distress and impact to his mental health, and a missed opportunity to be placed in interim accommodation.

Delays in the Council’s complaint handling

52. In its response to our enquiries, the Council said there was no delay in its handling of Mr X’s complaint. However, the evidence shows Mr X’s MP forwarded Mr X’s complaint to the Council on 14 December 2023. The Council acknowledged receipt of the complaint on the same day.
53. The Council provided its complaint response on 22 July 2024, more than seven months later. This is a significant delay and is fault by the Council. The injustice to Mr X is avoidable frustration and time and trouble spent in pursuing the complaint.

The Council’s record keeping

54. On 21 February 2024, Mr X sent an email to the Council requesting a review of the property offered to him. I acknowledge the Council’s comments that this request was made more than 21 days after the Council’s decision, and was therefore made out of time.
55. I agree with the Council’s additional comments that this is not a justifiable explanation for not acknowledging the review request; the Council says it should have provided a response which at least confirmed the Council’s position.
56. The Council says it does not have a copy of the email dated 21 February 2024 in Mr X’s housing file. Whilst I acknowledge the request was made out of time, the Council’s failure to retain Mr X’s email is not in accordance with the principles of good administrative practice, (to keep proper and appropriate records). This, and the failure to respond to Mr X’s review request is fault.
57. The injustice to Mr X is the frustration caused from a lack of response. As the request was made out of time, I do not consider there is an injustice to Mr X resulting from the Council’s failure to consider the request.

Back to top

Action

58. To address the injustice identified, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Mr X for the fault identified. 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;
2. Make a symbolic payment of £2000 in recognition of the distress and missed opportunity regarding the Council’s failure to secure interim accommodation. This is in line with our guidance on remedies and takes into account the period of time Mr X remained homeless before accepting a tenancy in privately rented accommodation, and the impact of this on Mr X;
3. Make a further symbolic payment of £150 in recognition of the time and trouble incurred as a result of the delays in the Council’s complaint handling, and
4. Reconsider Mr X’s request for a review of its decision made on 2 October 2023.
59. The Council has also agreed to take the following additional action within three months of the final decision:
1. Provide training to relevant staff regarding the principles of good administrative practice and the importance of demonstrating decision making in case notes.
60. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

61. I have found fault causing injustice. The Council has agreed to take the above action to remedy the injustice and I have therefore concluded my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman