Summary: Miss X complained about the provider of temporary accommodation on behalf of the Council, and about the Council’s handling of her housing register application. The Council was not at fault.

The complaint

1. Miss X complained that:
1. she was bullied and unsupported in temporary accommodation arranged by the Council in 2020-21, and that the accommodation was not suitable as it was affected by mould;
2. her current temporary accommodation is not suitable because it is out of the Borough and she feels isolated; and
3. the Council has not awarded all the points she is eligible for on her application to its housing register. In particular, that she was not awarded points for running her own business in its area, nor was she awarded additional points on medical grounds.
2. Miss X said she has been completely isolated as a result of the Council’s decision to place her out of its Borough, which has led to her suffering from depression.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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)
6. Miss X complained to the Council in August 2022 and to us in November 2022 about events from 2020 onwards. The Council considered part of her complaint about the period 2020 to February 2021, and I have exercised discretion to consider that part of her complaint.
7. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
8. The Council carried out a review of the suitability of Miss X’s temporary accommodation, and decided it was suitable. Miss X had the right to ask for a review of that decision, and then to appeal to the county court on a point of law. Miss X did ask for a review, but when the Council contacted her about this, she said she did not wish to pursue it. It appears this was because the Council advised her that, if the decision was reversed, she would be moved to alternative temporary accommodation rather than be offered settled accommodation, which was what she wanted to achieve.
9. The advice the Council gave Miss X was correct and it was reasonable for Miss X to have pursued the review request if she disagreed with its decision that the current temporary accommodation was suitable. On that basis, there are no grounds for me to exercise discretion to investigate complaint b). Miss X can ask for a further suitability review at any time, for example, if her circumstances change.
10. 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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How I considered this complaint

11. I considered:
• the information Miss X provided and discussed the complaint with her;
• the information the Council provided in response to my enquiries; and
• relevant law and guidance, as set out below.
12. 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

Relevant law and guidance

Homelessness and temporary accommodation

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. Where a council is satisfied an applicant is homeless, eligible for assistance, in priority need and not intentionally homeless, it may owe them a main housing duty under the Housing Act 1996. This is a duty to secure accommodation for them. Until it is able to discharge this duty, it is required to provide temporary accommodation. This accommodation should be suitable for the applicant and those who live with them. If an applicant considers the temporary accommodation is unsuitable, they can ask the council to carry out a statutory review of its suitability, following which they can appeal on a point of law to the county court.

Housing allocations

15. The demand for social housing far outstrips the supply of properties in many areas. To manage the demand, 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. Most councils operate a housing register that holds records of those waiting for housing.

This Council’s allocations scheme

16. This Council’s scheme awards points for different types of priority. Relevant to this case:
• Homeless applicants: It awards 100 points to homeless applicants where it has accepted a main housing duty.
• Applicants in paid work: It awards a further 50 points for those who were employed for at least 16 hours per week for at least six months continuously at the time of awarding the points. Applicants must provide proof of employment or self employment.
• Medical priority: Additional points can be considered for serious medical problems which have a substantial impact on independence in the current home or where it can be proven that rehousing will play a critical role in addressing an applicant’s health problems or a critical role in improving the impact of medical treatment. Health and independence points will only be awarded to homeless applicants in exceptional circumstances.

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What happened

17. In July 2020 Miss X moved to temporary accommodation with provider A, a charity providing supported living accommodation. In late January 2021 she told the Council that provider A staff were unsupportive and threatening her with eviction. Council records show it contacted provider A, which said Miss X was not engaging with the support offered and, for that reason, it was not able to support her application for “move-on” accommodation at that time. Provider A said it had not threatened Miss X with eviction.
18. On 10 February, Miss X told the Council there was mould in her flat and sent it a photo of the mould. The Council immediately asked its environmental health team to urgently address the mould issue.
19. Miss X remained unhappy with provider A and told the Council she needed to move to alternative accommodation urgently. On 19 February, it offered Miss X alternative temporary accommodation at property B and Miss X moved there a few days later.
20. Miss X did not formally complain to the Council about provider A until early August 2022. At that point, the Council told her provider A had its own complaints process and she should complain to provider A. It accepted it should have told her this when she raised concerns in early 2021 and apologised for not doing so.
21. Miss X sent me a copy of the complaint she made to provider A, dated September 2022. She raised concerns about the way provider A implemented restrictions to prevent the spread of COVID-19, the way staff communicated with her, its refusal to change her key worker and the advice she was given about caring for her baby. She said provider A did not respond.
22. Miss X said she did not complain to provider A or the Council earlier because she was busy caring for her daughter who was sick during 2021 and because she thought provider A would cover up the problems or blame her for the difficulties.

Points on housing register

23. In July 2020, the Council accepted Miss X’s application to join its housing register. It awarded her 100 points on the basis it had accepted a main housing duty and had provided temporary accommodation.
24. The Council’s allocations scheme allows it to award an additional 50 points for applicants working in its area who had been working for at least 16 hours per week for at least six months continuously at the time the housing decision was made. Miss X said she should have been awarded those points because she had run her own business in its area until she was forced to close in March 2020, due to restrictions to prevent the spread of COVID-19.
25. In response to my enquiries, the Council confirmed it had not given applicants “special dispensation” to quality for these additional points if they had been working in its area previously but had stopped due to the pandemic prior to it making a housing register decision. When it made its decision in this case, Miss X was not working and therefore she did not qualify for the additional points.
26. In August 2022, Miss X asked the Council to review the points she was awarded on its housing register. She told the Council she suffered from depression and other mental health issues as a result of drug and alcohol abuse. The Council advised her she had been awarded 100 points as a homeless duty had been accepted and she had not provided evidence to justify it awarding points on medical grounds.
27. Mrs X then sent the Council a letter from her GP, which I understand provided a summary of her health issues, and said she was currently unable to work due to her mental health.
28. In early September 2022, the Councils Housing, Health and Disability Team (HHDT) assessed the application. Its assessment recorded that:
• Miss X was prescribed a low dose of a standard anti-depressant medication;
• her mental health had deteriorated due to COVID-19 restrictions and her GP had referred her for counselling. Miss X had refused an appointment offered to her at the time, but counselling was still available to her; and
• Miss X said she felt isolated in the area she was now living, but she had a car that she could drive the short distance to the area where her family and friends were living.
29. The Council wrote to her with the outcome. It said the evidence provided did not meet the threshold for awarding health and medical points. It also said she could request a review of its decision within 21 days, which she did.
30. In mid-November 2022, the Council reviewed its decision. It reviewed all the information provided between October 2019 and September 2022. It concluded there was insufficient medical evidence to award medical priority and wrote to her with the outcome on 11 November 2022. It explained her medical issues were not significant enough to impact her to such a degree that she could not access her property or facilities within the property.

My findings

Temporary accommodation 2020-21

31. When Miss X raised concerns about the support provided by provider A in January 2021, it contacted provider A to establish the position. When she reported damp and mould in the flat in February 2021, it asked its environmental health team to investigate. These were appropriate steps for it to take.
32. Miss X had not made a formal complaint to the Council at that stage and, although it would have been good practice for it to signpost her to provider A’s complaints process, it was not fault for it to assume that moving her to alternative accommodation had resolved the matter for her. In any case, its apology was sufficient to remedy any injustice caused.
33. Miss X complained to provider A in September 2022, but has not received a response. Given her complaint related to events from 2020 to early 2021, provider A was entitled to decide not to investigate on the basis it was too late to achieve a worthwhile outcome. Although it would be good practice for provider A, on behalf of the Council, to confirm the position in writing, I do not consider its apparent failure to do so amounts to fault, particularly as I have not seen evidence to confirm it received the complaint.

Points on housing register

34. The Council awarded Miss X 100 points on its housing register to reflect it had accepted a homeless duty and provided temporary accommodation for her. This was in line with its allocations scheme.
35. Although I have not seen evidence Miss X had specifically complained to the Council about not being awarded added additional points for being in paid work, it is clear that she was not in paid work at the time the Council made its decision. The Council has confirmed that it made no changes to the way its allocations scheme was applied during the COVID-19 pandemic. Since its decision was in line with its published scheme, I cannot comment on it.
36. The Council considered the medical evidence Miss X provided in September 2022 and again in November 2022 when it carried out a review. It concluded there was insufficient medical evidence to award additional priority on medical grounds. It explained its decision in writing on both occasions. I have not found fault with the way it made its original decision, nor with the way it carried out the review.

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Final decision

37. I have completed my investigation. I have not found fault.

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Investigator's decision on behalf of the Ombudsman