Summary: The Council failed to provide Mr X with a personalised housing plan when he approached as homeless. The Council should pay Mr X £100 to recognise the uncertainty this caused.

The complaint

1. Mr X complains the Council failed to provide him with assistance when he became homeless. Mr X says the Council has not issued him with any decision letters about what duty it owes and has not provided him with a personalised housing plan. Mr X also says the Council did not provide him with advice about his priority for housing on its housing register. He says he was surprised when his priority points reduced suddenly, and the Council did not explain that this would happen.
2. Mr X says the Council’s actions have left him feeling anxious and distressed as he has nowhere to live.

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The Ombudsman’s role and powers

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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
5. 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)
6. 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

7. I have spoken to Mr X about his complaint and considered the information he provided to the Ombudsman.
8. I have also considered the Council’s response to my enquiries. This includes its decisions on Mr X’s homelessness and his housing application.
9. I have written to Mr X and the Council with my draft decision and given them an opportunity to comment.

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What I found

Homelessness law

10. Statutory guidance says every person applying for assistance from a housing authority stating that they are or are going to be homeless will require an initial interview. If there is reason to believe that they may be homeless or threatened with homelessness within 56 days the housing authority must carry out an assessment to determine if this is the case, and whether they are eligible for assistance. If the applicant is not eligible for assistance or if the authority is satisfied that they are not homeless or threatened with homelessness within 56 days, they must be given a written notification of the decision reached. (Homelessness Code of Guidance paragraphs 11.3)
11. In some circumstances it will be possible for a council to determine that an applicant is not threatened with homelessness at first approach, but in most cases further enquires will need to be carried out to find out more about their housing circumstances before being satisfied that they are not threatened with homelessness within 56 days. If the applicant believes they are threatened with homelessness and there is reason to believe that this is the case then further investigations will be required. (Homelessness Code of Guidance paragraphs 11.4)
12. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent 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)
13. Where a person is eligible and threatened with homelessness within 56 days councils have a duty to assist that person secure accommodation in line with their personalised housing plan. This is known as the “prevention duty”.
14. If a person becomes homeless or approaches a council when they become homeless then the council must provide help with securing accommodation for 56 days in line with their personalised housing plan. This is known as the “relief duty”.
15. The type of help a council will provide will depend on the individual circumstances of the homeless person or household. Help can include, but is not limited to:
• Advice about finding private rented accommodation in a councils area;
• Financial or other assistance in paying a deposit or bond on a private rented accommodation;
• Referrals to supported housing;
• Advice about benefit entitlement.
16. A personalised housing plan will also set out steps a homeless person or household is expected to take to find their own accommodation. This may include approaching estate agents and landlords in the local area. If a council feels a person is not taking steps to secure accommodation it can end its duty to help them.
17. Statutory guidance also says:

“Housing authorities should take particular attention to identify instances where information on an inquiry about a social housing allocation scheme, or an application for an allocation of housing under Part 6, provides reason to believe that the applicant might be homeless or threatened with homelessness. This should be regarded as an application for homelessness assistance.” (Homelessness code of guidance for local authorities, 2018 paragraph 18.6)

18. Councils must provide to anyone in their district information and advice free of charge on:
• preventing homelessness;
• securing accommodation when homeless;
• the rights of people who are homeless or threatened with homelessness;
• the duties of the authority;
• any help that is available from the authority or anyone else, for people in the council’s district who are homeless or may become homeless (whether or not they are threatened with homelessness), and
• how to access that help.
19. Statutory guidance on homelessness says:

“Applications can be made to any department of the local authority and expressed in any particular form; they need not be expressed as explicitly seeking assistance under Part 7 [of the Housing Act 1996]. As long as the communication seeks accommodation or assistance in obtaining accommodation and includes details that give the housing authority reason to believe that they might be homeless or threatened with homelessness, this will constitute an application.” (Homelessness code of guidance for local authorities, 2018 paragraph 18.5)

20. 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)
21. Examples of applicants in priority need are:
• people with dependent children;
• pregnant women; and
• people who are vulnerable due to serious health problems, disability or old age.
22. 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 steps they are to take in their personalised housing plan at the prevention duty stage;
• giving notice to bring the prevention duty to an end;
• the steps they are to take in their personalised housing plan at the relief duty stage;
• giving notice to bring the relief duty to an end;
• giving notice in cases of deliberate and unreasonable refusal to co-operate; and
• 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.
23. If a person is not happy with a council’s decision on review they may appeal to the County Court on a point of law.

Housing allocations

Allocation of social housing

24. 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))
25. An allocations scheme must give reasonable preference to applicants in the following categories:
• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;

(Housing Act 1996, section 166A(3))

26. 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.
27. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))
28. Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.
29. Statutory guidance on the allocation of accommodation says:
• review procedures should be clear and fair with timescales for each stage of the process
• there should be a timescale for requesting a review. 21 days is suggested as reasonable;
• the review should be carried out by an officer senior to the original decision maker, or by a panel not including the original decision maker;
• reviews should normally be completed within a set deadline - 8 weeks is suggested as reasonable.
30. The Council’s housing allocations policy awards points based on the individual circumstances of each applicants.
31. If the Council has accepted a person is homeless or threatened with homelessness it will award 95 points. However, these points will be removed when the Council is no longer under a duty to help that person. The policy says the points may remain in place if a person continues to be homeless after 56 days when the Council must provide support if that person has a local connection to its area.

What happened

32. Mr X approached the Council for help with his housing on 21 December 2018. The Council wrote to him advising him of how to access assistance and what documents he should provide. The Council sent a further letter to Mr X on
    11 January 2018 but it received no contact from him and so it closed his case.
33. Mr X contacted the Council again on 19 February 2019. The Council says Mr X “provided documents” and he was given additional preference on the Council’s housing register. The Council awarded Mr X the following points:
• Shared facilities – 15 points
• Lack of bedroom – 15 points
• Currently in employment – 20 points
• Lack of garden – 10 points
• Insecure accommodation – 5 points
• Reasonable preference points – 95 points
34. The Council awarded Mr X 190 points in total. The Council says Mr X should not have been given points for lacking a garden.
35. The Council says Mr X was awarded “reasonable preference” points because he was homeless or threatened with homelessness. The Council’s allocations policy says these points will be removed after 56 days once its duty to help someone with their homelessness ends.
36. Mr X complained to the Council when he points were removed from his housing application after 56 days.
37. In its response to Mr X’s complaint the Council accepted that it failed to notify him in writing that he “had been accepted as a prevention/relief case”. The Council also accepted that it failed to notify Mr X that the duty had come to an end. The Council said it would not take any action until a “new prevention/relief duty is accepted”.
38. The Council said it had received information on 16 May 2019 that Mr X may have had a change in his medical circumstances and made an appointment for 24 June 2019. At the appointment Mr X was given a “homeless application” and the Council completed a referral to supported housing and an “initial assessment”. The Council also asked Mr X to provide it with details of where he had been staying for the past 12 months.
39. The Council contacted Mr X again on 16 July 2019 to say it had still not received the forms it had given him or details of his address history.
40. On 14 August 2019 the Council wrote to Mr X to say it had reached a decision that he was not homeless or threatened with homelessness. The Council said this was because he had not provided it with details of where he had been staying. The Council said Mr X had a right to request a review of its decision.
41. Mr X contacted the Council on 20 August 2019 saying he would not be completing the forms and would be contacting the Ombudsman to make a complaint as he was unhappy with the Council’s actions.
42. The Council continued to ask Mr X to produce details of where he had been staying over the past 12 months. The Council told Mr X it would be happy with a list of addresses even if he was unable to provide exact dates.
43. Mr X has now secured rented accommodation.

My findings

44. Mr X complained to the Ombudsman about what happened in August 2019. The law says the Ombudsman cannot investigate late complaints where someone has taken more than 12 months to complain about something that happened. Therefore, I have only investigated what happened since August 2018.
45. Mr X has previously complained to the Ombudsman so I see no reason why he could not have complained sooner if he was unhappy with the Council’s actions.
46. The Council has accepted that it failed to advise Mr X that it had accepted a prevention or relief duty towards him in February 2019. It is concerning that the Council cannot say which duty it accepted. The Council should have interviewed Mr X about his circumstances at that time and produced a personalised housing plan. Failure to do so was fault.
47. A personalised housing plan would have set out ways the Council could help Mr X find accommodation and also steps he should take to secure accommodation. This may have assisted Mr X in finding accommodation sooner.
48. The Council should also have written to Mr X to advise him when it had ended its duty towards him and that he had a right to request a review. Failure to do so was fault.
49. As a result of the fault I have identified Mr X has been caused uncertainty in not knowing whether his housing situation would have been improved if the Council had provided the support he was entitled to. I cannot say with that, on balance, his situation would have been improved as Mr X did not fully engage with the Council when it later offered to reassess his circumstances.
50. The Council has already apologised for failing to advise Mr X that it had accepted a duty towards him and its failure to notify him when that duty ended.
51. In June 2019 the Council agreed to carry out a further assessment of Mr X’s circumstances. However, Mr X failed to provide the Council with information about where he had been staying over the past 12 months. The Council was entitled to ask for this information so it could reach a decision on what duty it owed to him. Therefore, there is no fault in the way the Council dealt with Mr X’s case from June 2019.

Agreed action

52. Following my recommendations the Council has agreed to take the following action.
53. The Council should pay Mr X £100 to recognise the uncertainty he has been caused as a result of the Council’s failure to provide him with the proper level of support when it accepted it owed him a prevention or relief duty in February 2019.
54. The Council should take this action within 8 weeks of my final decision.
55. The Council should also take the following action to improve its services:
• review its processes for handling housing applications to ensure individuals and households who are homeless or threatened with homelessness are quickly identified and offered appropriate support as soon as possible.
• review housing applications for people awarded reasonable preference for homelessness since January 2019 to ensure they have also been issued with a personalised housing plan. The Council should write to anyone who has not received a personalised housing plan and invite them to contact the Council to discuss their current circumstances.
56. The Council should take this action within three months of my final decision and report back to the Ombudsman with its findings.

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Final decision

57. I have completed my investigation as I have found fault causing injustice. The action I have recommended is a suitable way to remedy this.

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Investigator's decision on behalf of the Ombudsman