Summary: Mrs X complained about the way the Council dealt with her application for homeless assistance. The Council was at fault. It failed to fully assess Mrs X’s housing needs, delayed offering her interim accommodation, delayed making a decision on her homeless application and delayed advising her of her right of review of the suitability of the temporary accommodation. These faults caused Mrs X and her family distress, frustration and inconvenience. The Council has agreed to make a payment to Mrs X to remedy the injustice caused. It has also agreed to remind staff of the need to complete a full assessment of housing needs and to confirm decisions in writing at the earliest opportunity.

The complaint

1. Mrs X complained the Council failed to take a homeless application from her when she first approached it in September 2018. It failed to carry out a full assessment of her housing needs or to offer her emergency accommodation. This left her relying on family and friends without any secure accommodation for 10 months.

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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. 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

4. I have considered:
• the information provided by Mrs X in writing and on the telephone.
• the Council’s complaint responses and its response to my enquiries.
• Relevant law and guidance.
• Our guidance on remedies.
5. I gave Mrs X and the Council the opportunity to comment on a draft of this decision and considered the comments I received in reaching a final decision.

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What I found

Relevant law and guidance

6. 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.
7. If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must take a homelessness application and make inquiries. The threshold for taking an application is low. The person does not have to complete a specific form or approach a particular council department. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5) 
8. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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)
9. Councils must take reasonable steps to secure accommodation for any eligible homeless person. This is known as the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)
10. A council must secure interim 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) Examples of priority need include people with dependent children and people who are vulnerable due to serious health problems, disability or old age.
11. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need it owes them the main housing duty and has to secure them accommodation that is available for their occupation.
12. Homeless applicants may request a review within 21 days of being notified of the decision on their homelessness application. There is also a right to request a review of the suitability of temporary accommodation provided once the Council has accepted the main homelessness duty. (Housing Act 1996, section 202)

What happened

13. In September 2018 Mrs X and her family were evicted from their home, following a court order. Mrs X continues to have a legal interest in the property but is unable to occupy it following the court judgement. In addition, the responsibility for selling the property lies with a third party.
14. Mrs X approached the Council for assistance. The Council carried out an assessment. It wrote to Mrs X to say it accepted it had a duty to take reasonable steps to help the family secure accommodation. It did not accept the family was in priority need so did not need to provide accommodation. It told Mrs X to look for private rented accommodation.
15. Mr X completed an online homeless prevention and advice application on 3 October and applied to join the housing register.
16. Mr X wrote to the Council on 19 October 2018 to apply for homeless assistance. The letter said the family were sofa surfing and had not received a response to the on-line enquiry.
17. The Council did not respond to the letter. On 4 March 2019 it wrote to Mrs X ending its duty to provide assistance as it had not had any further contact from Mrs X. Mrs X complained to the Ombudsman and we asked the Council to consider the complaint in May 2019. The Council told us that records indicated it had received Mr X’s letter of 19 October 2018 but it had not responded to it.
18. The Council responded to Mrs X’s complaint in June 2019. The Council accepted it had failed to carry out a full assessment of her housing needs and apologised for this. It agreed to reopen her case and to commence enquiries. It said her application to join the housing register was not completed as it required further details of her property. It advised that because she owned a home it was likely her application to join the register would be rejected in line with its housing allocation policy.
19. The Council wrote to Mrs X in late June 2019 refusing her application to join the housing register due to her property ownership. It asked for information regarding the likely proceeds from its sale.
20. Mrs X emailed the Council to explain she was paying the mortgage on the property but could not occupy it due to a court order. She explained she could not say what proceeds she would get from the sale of the property until it was sold and the costs settled.
21. The Council met with Mrs X in July 2019 to discuss her homelessness and to draw up a personalised housing plan. Following this the Council provided Mrs X and her family with interim accommodation in a hotel for two weeks. In August 2019 it provided her with private accommodation. Mrs X was unhappy with the condition of the property which she did not consider suitable for habitation. The Council inspected it and confirmed it was satisfied the property was suitable
22. In September 2019 the Council decided to end its relief duty to secure accommodation for Mrs X. This was because Mrs X had suitable accommodation available with a reasonable prospect that it would continue to be available for at least six months. However, the Council accepts it did not send Mrs X the letter confirming this.
23. On 6 July 2020 the Council wrote to Mrs X confirming it owed her the main housing duty. It confirmed it was satisfied the accommodation it had already provided was suitable. It set out Mrs X’s right to a review of the suitability of the accommodation.

Findings

24. When Mrs X first approached the Council as homeless in September 2018 it accepted it owed her the relief duty (to assist her with finding accommodation). However, it did not consider she was in priority need and so did not secure her interim accommodation. It did not carry out a full assessment of her housing needs and did not prepare a personalised housing plan. This is fault.
25. Mr X wrote to the Council in October 2018 providing further information. The Council accepts it received this letter but failed to respond to it. This is fault. As a result, Mrs X did not receive advice or assistance in dealing with her homelessness. Had the Council properly assessed Mrs X’s needs in October 2018 it is likely the Council would have provided her with interim accommodation at that time. Mrs X and her family were therefore ‘sofa surfing’ and relying on friends and family for assistance for longer than they should have.
26. The Council responded to Mrs X’s complaint in June 2019 and accepted it had failed to carry out a full assessment of her housing needs. It reopened her case and following this, in July 2019 the Council provided Mrs X with interim accommodation, initially in a hotel and then in a privately rented property.
27. The Council decided to end its relief duty to Mrs X in September 2019. However, it failed to send Mrs X the letter advising her of this. This is fault. The Council says this is because it wanted to send this letter at the same time as it reached its decision on whether it owed her a main housing duty. It accepts there was an administrative delay. The Council has since written to Mrs X and confirmed it owes her the main housing duty. It is satisfied her current accommodation is suitable and has provided her with information on how to request a review of its suitability. If not for the delay, Mrs X would have had this right of review much sooner.

Agreed action

28. The Council has agreed, within one month of the final decision on this complaint, to pay Mrs X £2,500 (that is £250 a month for ten months from September 2018 to July 2019) to remedy the injustice caused by the delay in providing her and her family with interim accommodation. It has also agreed to pay her £250 to acknowledge the frustration caused by its delay in providing her with a right of review of the suitability of the accommodation provided.
29. The Council has also agreed, within one month of the final decision on this complaint, to remind relevant staff of the importance of carrying out a full assessment of housing needs when an applicant asks for homelessness assistance, including preparing a personalised housing plan, and the importance of confirming decisions in writing at the earliest opportunity.

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Final decision

30. I have completed my investigation. There was fault leading to injustice which the Council has agreed to remedy.

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Investigator's decision on behalf of the Ombudsman