Summary: Mr X complains the Council refused to provide temporary accommodation so he has been forced to sleep rough despite having medical conditions. The Council is at fault for not responding to Mr X when he was in hospital in November 2018. It is not at fault for not providing temporary accommodation.

The complaint

1. Mr X complains the Council refused to provide interim accommodation when he requested it in October 2018 and has not responded to his communications. He says he is vulnerable because of various medical conditions and is rough sleeping.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’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

5. I considered the information Mr X and the Council provided; and the law and guidance as set out below.
6. I gave Mr X and the Council the opportunity to comment on my draft decision. I considered their comments before making a final decision.
7. I have written to Mr X and the Council with my draft decision and given them an opportunity to comment. I will consider their comments before making a final decision.

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What I found

8. When a person applies to a council for accommodation and it has reason to believe they may be homeless, a number of duties arise, including:
• to make enquiries;
• to secure suitable accommodation for certain applicants pending the outcome of the enquiries: and
• to notify the applicant of the decision in writing and the right to request a review of the decision.
9. The Homelessness Code of Guidance says the council must make its enquiries and decision about whether the applicant is eligible for assistance within 56 days. During this period, it should work with the applicant to identify practical and reasonable steps for the council and the applicant to take to secure suitable accommodation. These steps should be set out in a personalised housing plan (PHP).
10. If the council thinks the applicant is homeless and in priority need it must, if the person asks for it, provide emergency accommodation whilst it makes its enquiries. Examples of priority need are:
• people with dependent children;
• pregnant women;
• people with serious health problems; and
• some elderly people.
11. After completing enquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons.  All letters must include information about the right to request a review and the timescale for doing so. (Homelessness Code of Guidance 18.32 and 18.33)

Housing benefit

12. Housing benefit helps people on low incomes to pay their rent. It is a means-tested benefit, taking both capital and income into account. The benefit may not cover the full rent.
13. The amount awarded for private tenancies is calculated according to the local housing allowance (LHA) regulations. A single person will only receive benefit up to the maximum payable for a one bedroom home. A single person under age 35 will only be entitled to a shared accommodation rate. This is the rent level for a person who has one bedroom only and shares the use of bathroom, kitchen and living room.

Discretionary housing payment

14. Councils can award a discretionary housing payment (DHP) to help people pay their rent if there is a shortfall between their rent and their housing benefit. DHPs are a short-term measure intended to give people time to adjust their finances or move to cheaper accommodation. People do not have a right to DHP payments and councils have a limited budget from which to pay them.

What happened

15. Mr X told the Council he was homeless in October 2018. He had previously been homeless and we have investigated an earlier complaint about the way the Council handled his case. In 2016, we decided the Council was not at fault for not providing accommodation whilst it considered his request for a review of its decision that it did not have a duty to house him.
16. Therefore, when Mr X asked the Council for help with housing in October 2018, the Council needed to consider whether his circumstances had changed since it had last dealt with a homelessness application. The Council took a homelessness application and started making enquiries. It had some difficulty contacting Mr X but did speak to him by telephone in early November to assess the application. It asked him to provide some documents, including a medical form, and to attend its offices to discuss his case. The Council says Mr X provided no new medical information and it had no reason to believe Mr X may be in priority need in November 2018.
17. In a letter to Mr X in January 2019 it says it issued a personalised housing plan (PHP) and agreed with him the steps that he and the Council would take to relieve his homelessness on 23 November 2018. An updated PHP was enclosed with the January letter.
18. The Council identified suitable interim accommodation outside London and arranged a date and time for Mr X to view it. Mr X’s mother contacted the Council to say he did not have the money to pay for transport and asked if the viewing could be postponed until he had received his benefits. Mr X then went into hospital and told the Council he was likely to be there for two weeks.
19. Council records show a number of calls from Mr X and hospital staff asking whether the temporary accommodation was still available or whether the Council had found an alternative. It does not appear the Council replied to these requests. It says it did not receive authority to share information with hospital staff until 27 November although an email from the hospital on 20 November said a consent form was attached. It appears from the records Mr X also had some difficulty with his mobile phone around this time. It is not clear when Mr X was discharged from hospital but it is likely to be late November as Mr X told the Council on 26 November that he expected to be discharged within two days. There is no record that either Mr X or the hospital told the Council he had been discharged.
20. Mr X complained to the Council and to us in early December 2018. The Council said it did not have any suitable accommodation in its area so it was looking further afield, which is normal practice. It said it knew Mr X wanted a studio flat so he didn’t have to share. However, it did not know if it would be possible to find a studio flat that was affordable in the area Mr X wanted to live. It said it would continue to work with Mr X to find a solution to his homelessness.
21. The Council told us it could not help Mr X find a one bedroom property until he turned 35 in mid December 2018 because of housing benefit restrictions, which limit younger people to shared accommodation. When asked if it has considered making a discretionally housing payment (DHP) to cover the shortfall in rent it said it had not done so but had offered Mr X assistance with a deposit and rent in advance. It said its focus at the outset was on providing winter shelter. It has explained that any temporary accommodation it offered was likely to involve sharing facilities and may be outside its area.
22. On 20 December Mr X told the Council that emergency accommodation had been provided by a charity.
23. Mr X told us in early January 2019 the housing officer was ignoring him and had failed to provide emergency accommodation. He said he was rough sleeping, despite being vulnerable because he had various medical conditions.
24. The Council says Mr X provided no new medical evidence but in January 2019 it asked a medical adviser to assess whether Mr X was medically vulnerable. The medical adviser decided he was no more vulnerable than any other person who became homeless. The medical adviser’s report shows the latest medical evidence considered was dated 2017.
25. The Council sent Mr X three letters on 18 January 2019. It said he was homeless and eligible for assistance but he was not in priority need. It explained its reasons for deciding this. It explained Mr X could ask for a review of its decision. It also said it would refer Mr X to a winter night shelter. The Council offered Mr X winter shelter but he refused this. Later he agreed to a meeting to discuss this further but then did not attend.

My findings

26. The Council took a homelessness application in October 2018, which it assessed in early November 2018. The Council had some difficulty in contacting Mr X and there was a delay in Mr X providing the information and documents it needed. Therefore, I do not find there was a delay in assessing his homelessness application.
27. The Council decided Mr X was not in priority need. It was entitled to decide this because Mr X had not given it any new medical evidence. Deciding he was not in priority need would mean the Council was not obliged to provide temporary accommodation for Mr X. I have not seen evidence that it advised Mr X it had decided this in November 2018. Nor have I seen evidence of the advice it gave to Mr X about steps he could take to relieve his homelessness. The Council’s letter in January refers to Mr X agreeing the steps he should take on 23 November. There is no record of any contact with Mr X on 23 November in the daily records I have seen and Mr X would have been in hospital by then. Therefore, it appears the Council’s records may be inaccurate or incomplete. However, I do not consider Mr X suffered an injustice because of this as it is clear the Council had been assisting him for some years with his housing so he would have been aware what steps he could take.
28. Although it decided he was not in priority need, the Council identified temporary accommodation outside its area and arranged an appointment for Mr X to view it. Mr X was unable to do so and then went into hospital.
29. Council records suggest little or no action was taken whilst Mr X was in hospital in the second half of November and the first part of December. Both Mr X and the hospital asked for updates. The Council says it did not receive authority to share information until 27 November at which point Mr X was ready for discharge. I have seen an earlier email referring to a consent form but I cannot say whether this was attached. That said, I have seen no evidence the Council attempted to either respond to Mr X or to ask the hospital for a signed authority to share information. The failure to respond during this period is fault. This fault led to uncertainty for Mr X who did not know whether the temporary accommodation offered before he went into hospital was still available or whether any other accommodation had been identified.
30. There is no record that Mr X or the hospital told the Council Mr X had been discharged. Mr X did not contact the Council again until mid December. By 20 December a charity had offered him temporary accommodation.
31. In January 2019, the Council sought advice about whether Mr X was medically vulnerable. On the basis of that advice it decided on 18 January 2019 that Mr X was not in priority need. There is a short period in January where the Council clearly had some doubt about whether Mr X was vulnerable and sought medical advice. It could have considered offering Mr X temporary accommodation whilst it considered this. However, I am satisfied Mr X would not have accepted this if it was offered because it would have involved sharing facilities with others and he was clear throughout that he did not want to do this.
32. The Council did arrange an appointment for Mr X to discuss winter shelter but despite agreeing to attend an appointment to discuss this, he did not do so. The Council says it is still willing to help Mr X find suitable accommodation but Mr X has not been in touch with it recently.

Agreed action

33. The Council will, within one month of the date of the final decision, apologise to Mr X for failing to contact him whilst he was in hospital in November 2018.
34. The Council will, within three months of the date of the final decision, review its processes to ensure that it keeps accurate records of its initial assessment and its advice to homelessness applicants. This should include a clear record of any advice about whether it thinks the applicant is in priority need and when it issues a personalised housing plan.

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Final decision

35. I have completed my investigation. I have found fault leading to personal injustice. I have recommended action to remedy that injustice and prevent reoccurrence of this fault.

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Investigator's decision on behalf of the Ombudsman