Summary: Mr X complains there were failings in the way the Council dealt with his homelessness situation and a housing provider’s decision not to accept any nominations for him for its properties. The Ombudsman has found no evidence of fault in the way the Council considered these matters so has completed his investigation.

The complaint

1. The complainant whom I shall refer to as Mr X says a housing provider refuses to accept him when nominated for properties by the Council. Mr X says the Council has failed to ensure the housing provider accepts him as a nominee so he can rent a property long term.
2. Mr X also complains the Council has not done enough to help him with housing since he became homeless in 2019. And the Council failed to progress his online housing register application in November 2019. Mr X says he has been caused uncertainty over his housing situation and distress by the Council’s actions.

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What I have investigated

3. I am investigating matters that occurred during January 2019 to February 2020 when Council responded to Mr X’s formal complaints. So I have considered the Council’s contact with the registered social housing provider regarding its decision not to allow Mr X to apply for its properties , his homelessness situation in September 2019 and the alleged issues with his housing register application in November 2019.
4. The final section of this statement contains my reasons for not investigating Mr X’s concerns about the housing provider’s decision and actions, an alleged breach of data protection , the housing band allocated to Mr X, his concerns about his position on a list for a nomination to a property . I am also not investigating any recent issues Mr X may have about how the Council dealt with his homelessness from March 2020 onwards.

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The Ombudsman’s role and powers

5. 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)

6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

7. 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

8. I have read the papers submitted by Mr X and spoken to him about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided.
9. Mr 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

10. The Council is a partner in a local choice-based lettings scheme which enables housing applicants to bid for available properties which are advertised.

A Council’s Homelessness duty

11. 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.

Assessments and Personal Housing plans

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.
13. 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)
14. Councils must take reasonable steps to secure accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)

Key events leading to the complaint

15. In December 2018 Mr X lived in accommodation rented from a housing provider I shall refer to as Beech Housing. Beech Housing decided not to allow Mr X to bid for or mutually exchange any of its properties.
16. Mr X applied to join the Council’s Housing register in January 2019. He explained he wanted to move from his current property because of difficulties with the accommodation and Beech Housing. Mr X said Beech Housing were discriminating against him and he wanted the Council to act.
17. The Council assessed Mr X’s application as band 3 on the housing register and advised him not to give up his tenancy. The Council contacted Beech Housing who explained Mr X wanted to bid for other properties, but it considered him adequately housed. It allowed Mr X to register with other social housing providers who may take a different approach. Beech Housing said Mr X had bid for some properties and shortlisted for two. Mr X was applicant one for a property but unsuccessful due to the housing provider having a no pet policy.
18. The Council told Mr X about Beech Housing’s response and it could not do any more or force it to alter its decision. Beech Housing was a separate organisation who could make its own decisions. In response to my enquiries the Council says it has an agreement with Beech Housing about nominations to their properties which was agreed as part of the Large-Scale Voluntary Transfer (LSVT) of its housing stock in 2014. The agreement confirmed the level of nomination rights the Council had. It also set out the circumstances in which Beech Housing could refuse a nomination.
19. The Council says Beech Housing have refused Mr X as a nominee under the criteria set out in the agreement. Although the Council has challenged this, it cannot force Beech Housing to accept Mr X.
20. The Council told Mr X he could still apply for properties owned by other housing providers and noted he had been put forward for immediately available housing. But Mr X decided not to continue looking at these properties.
21. In February 2019 Mr X decided to move to a different city and gave notice to end his Beech Housing tenancy. Mr X then asked for a month’s extension as he had changed his mind about a possible property. Beech Housing declined to extend the notice ending on 3 March 2019 as it had started the re letting procedure.
22. Mr X complained to Beech Housing who said it had not taken action to end Mr X’s tenancy, it had been his decision, so he was responsible for leaving the property. Mr X contacted the Council who arranged for a Housing Solutions officer to contact him because of his risk of becoming homeless. Beech Housing agreed to extend his notice period to 17 March 2019.
23. On 28 February 2019, the Council told Mr X it would be working with him to prevent his homelessness by developing and agreeing a joint action plan. If Mr X took the action agreed, it may be able to help without him becoming homeless and needing temporary accommodation. The Council accepted a duty to prevent Mr X becoming homeless under the Homelessness Reduction Act 2017. It said the reasonable steps it owed him did not mean it must offer him a social housing property or other accommodation but to take action to help him becoming homeless.
24. The Council sent Mr X a personal housing plan (PHP) outlining the steps to take. The Council said its duty could end if Mr X failed to cooperate or refuse any offer of accommodation considered suitable and been made to prevent him from becoming homeless. The Council said it was a formal decision (so Mr X could request a review of the decision).
25. Mr X met a housing officer on 5 March 2019 who asked why he had not withdrawn his notice when he decided not to move. Mr X agreed to ask Beech Housing but doubted it would be allowed. The officer told Mr X about homeless procedures and to continuing bidding for properties on the housing register including sheltered housing.
26. Mr X found a property to rent in a nearby town and asked the Council for help with costs. The Council asked Mr X to complete an income and expenditure form to check affordability for him. Mr X applied to the Council for a Discretionary Housing Payment (DHP) to help towards his housing costs. The Council approved the application for the first month’s rent and the deposit for the property.
27. Mr X was unsuccessful in gaining the property due to a reference from Beech Housing as his former landlord about rent arrears. Mr X disputed the information. The Council checked with Beech Housing who confirmed Mr X was currently in credit with his rent but had previously been in arrears. Beech Housing said it had to disclose the information.
28. The Council arranged temporary accommodation for Mr X from 18 March 2019 when his tenancy ended. The Council nominated Mr X for a ground floor flat with a different housing provider I shall refer to as Oak Housing. The Council accepts it had delayed asking Mr X for further medical information in January 2019 when he submitted his housing application. But this did not adversely impact the time it took to identify and nominate him for the property with Oak Housing.
29. On 15 March 2029 Mr X told the Council to cancel the temporary accommodation as Beech Housing extended his notice for another week and he was hopeful of the Oak Housing flat. Mr X viewed the flat and successfully got the tenancy. Mr X contacted the Council as the tenancy was unavailable until 15 April 2019 and worried he would have nowhere to stay.
30. The Council gained agreement from Beech Housing to allow Mr X to stay in his accommodation until he moved into his new flat with Oak Housing on 11 April 2019. The Council wrote to Mr X in June 2019. It said the duty to help prevent him becoming homeless had ended as he accepted an offer of social housing from Oak Housing made through the Council’s housing allocations scheme. The letter advised Mr X of his right of appeal against the decision. The Council recorded ‘prevention’ for Mr X case and closed his homelessness case.

September 2019

31. Mr X contacted the Council on 13 September 2019 saying he had left his Oak Housing tenancy, was homeless and run out of places to stay. The Council arranged a homelessness appointment for Mr X to speak to a housing officer. Mr X cancelled the appointment saying he could continue to stay with friends.
32. On 15 September 2019 Mr X contacted the Council asking to re-join the housing register. Mr X explained there had been issues with his bathroom at the Oak Housing flat. Oak Housing agreed to repair it, but he needed to use a communal bathroom while it did the work. Mr X said he could not live like that and terminated the tenancy to end on 10 July, but he moved out on 21 June 2019 to live in a tent.
33. The Council offered Mr X temporary accommodation and arranged another housing appointment for 19 September 2019. Mr X refused the offer of temporary accommodation and cancelled the appointment saying he could stay with friends. The Council’s records note Mr X was aware temporary accommodation was available to him if needed. An officer advised Mr X to re-join the housing register and apply using a new online system when it started the following week. The officer advised Mr X on accessing private sector accommodation with financial help from the Council.
34. Mr X applied to the Housing Register in October 2019. The Council told Mr X he could not bid for properties until he supplied further information. Mr X gave more information about the Oak Housing flat. He said Oak Housing offered the use of a guest room while it carried out the repairs and he could return to his tenancy. Mr X refused the offer. He also refused to return when Oak Housing told him the property was ready if he still wanted it. Mr X said he had been sofa surfing ever since. Mr X said he could stay another night with a friend. The officer booked an appointment for Mr X on 11 October 2019
35. Mr X made a homelessness application. At the meeting, the officer carried out a full housing assessment and created a PHP to detail the ways they could work together to resolve his homelessness. The officer told Mr X to provide information to make his housing register active and booked temporary accommodation in a hostel for him.
36. Mr X wanted Beech Housing to accept him again as he wished to be considered for one of its imminently available properties. Mr X viewed sheltered housing accommodation in a different town but decided it was unsuitable.
37. An officer contacted Mr X, agreed to approach Beech Housing, and gave Mr X advice on joining the housing register. Mr X said he was staying in a friend’s guest room and aware temporary accommodation was available if needed. Beech Housing said it would not accept any nominations from Mr X and its position remained unchanged.
38. Mr X made stage 1 complaint to the Council about Beech Housing’s refusal to accept a nomination from him and difficulties accessing his online Housing Register application.
39. In November 2019, the Council responded to Mrs X’s complaint. It confirmed the situation with Beech Housing, and it could not force it to accept Mr X. The Council said there were no problems with the online system, but it was because Mr X still needed to upload documents for his housing register application. The Council could then progress the application once provided. The Council apologised its response was one day late.
40. The Council offered Mr X temporary accommodation, but he refused saying he was staying in friends’ guest rooms. An officer told Mr X to call if he needed any accommodation.
41. In December 2019 Mr X contacted the Council about a property and help with the first month’s rent and deposit. Mr X said he could afford to pay one months rent but not removal costs. The Council said it did not pay removal costs. It chased up a tenancy check on the property for Mr X from Oak Housing which was then provided.
42. The Council decided Mr X’s Housing register application on 8 December 2019 and assessed him as band 2 with additional preference as an applicant threatened with homelessness. The Council accepts it processed and assessed the Housing Register application in 35 days with a target service standard of 28 days. The Council’s documents show the delay was largely due to having to chase Oak Housing for information about Mr X as a former tenant.
43. The Council told Mr X he could now bid for properties. Mr X appealed against his banding saying the Council had failed to take his medical needs into account. The Council confirmed it had sent his stage 2 request to the complaints team to consider. This included Mr X’s concerns about not being shortlisted for Beech Housing properties. He also raised concerns about a breach of data protection by housing needs giving information to housing providers about properties he bid for and Beech Housing using the information.
44. The Council held a complaint mediation telephone call with Mr X and responded to the complaint about data protection in January 2020. The Council responded to Mr X’s stage 2 complaint in February 2020. it confirmed it had reviewed and considered the stage one response dealt with the concerns raised.
45. Mr X complained he bid for a property in February 2020, Mr X says he was the first applicant on the list and went to view it so should have been given the tenancy. He was unsuccessful and now says the Council misled him about his position for the property.
46. Beech Housing confirmed its refusal to accept any nominations from him and said he could not be placed in any of their hostels or short stay accommodation. The Council challenged Beech Housing about its decision on Mr X.
47. An officer spoke to Mr X about Beech Housing’s response and suggested mediation. Mr X said he had been sleeping in a garage, so the officer offered temporary accommodation. Mr X refused the offer. The officer agreed to put Mr X forward from a property immediately available. Mr X agreed to this and viewed the property in January 2020. Mr X decided the property was unsuitable and too far away to enable him to attend medical appointments.
48. Mr X was shortlisted for another property. The Council arranged temporary accommodation for Mr X on 10 January 2020. Mr X advised he was not staying locally and so could not return to Peterborough in time for the temporary accommodation housing appointment. An officer helped Mr X sort out a train time to enable him to return in time. The officer arranged the temporary accommodation for him.
49. The Council contacted Mr X two days later as he had not moved into the temporary accommodation. Mr X said he had gone to the property, viewed it from outside and decided he did not want to stay there. The Council’s notes record Mr X said, ‘he’d rather sleep in the car in the garage’.
50. Mr X found a one bedroomed sheltered housing property to rent privately and liaised with the Council for financial help. The Council sent him income and expenditure form to complete and he completed a DHP application. Mr X was nominated for several other properties but bypassed for selection.
51. Mr X was shortlisted for an Oak Housing property in February 2020. Mr X was unsuccessful as Oak Housing found information about Mr X as a former tenant. The Council checked the situation with Oak Housing who responded they would not re- home Mr X due to issue with his previous tenancy. Oak Housing said it did not find out the information until after Mr X viewed the property. It said he was the second placed applicant for the property so was the reason given for refusal.
52. Mr X was unhappy about his housing banding and asked for a review. The Council reviewed Mr X’s housing application and banding In March 2020. The review found no deficiency or irregularity in making the original decision. The Council considered Mr X correctly placed in Band 2 with additional preference.

Mr X’s current situation

53. The Council says Mr X remains on the Housing register in band 2. It has awarded additional preference as Mr X has a strong local connection to Peterborough. Mr X can bid for one-bedroom properties. The Council says Mr X is currently threatened with homelessness. He has refused temporary accommodation offered to him and chosen to stay with friends. Mr X is aware the offer of temporary accommodation remains should he need it.
54. The Council sent Mr X a new medical assessment form to complete and it will be assessed by an Occupational Therapist when returned. Mr X can place one bid a week for general and sheltered Housing properties.
55. The Council unfortunately confirms Beech Housing, one of the larger social housing providers will not accept a nomination from Mr X. And neither will Oak Housing. The Council has challenged both housing providers about it and says it will continue to nominate Mr X. The Council considers Mr X should be housed in band 2 for sheltered accommodation soon as he is appearing high up on the shortlists each week. But the decision by two housing providers to refuse to accept him may delay matters.

My assessment

56. The Council’s documents show the Council dealt with Mr X’s housing register application in January 2019. It also acted as required under the Homelessness legislation to prevent Mr X from becoming homeless. The Council outlined in Mr X’s PHP the steps to be taken. Mr X was nominated for a property with Oak Housing and able to stay at the flat in Beech Housing until he moved. I am satisfied there is no evidence of administrative fault by the Council.
57. The Council could not take any action in September 2019 under Homelessness legislation to try and prevent Mr X from becoming homeless. This was because Mr X did not tell the Council of his situation until after he became homeless. The Council arranged an appointment with a housing officer after several cancellations by Mr X and offered temporary accommodation which Mr X refused. There is no evidence of fault by the Council in the way it dealt with Mr X’ s homelessness situation between September 2019 to February 2020.
58. The Council accepts it delayed in dealing with Mr X’s housing register application in November 2019 as it took 35 days to process rather than 28 days. This is unfortunate but I do not consider it such a significant delay to warrant pursuing the matter further.
59. It is unfortunate Mr X has been unable to have any nominations to Beech Housing accepted. But as the Council has confirmed under the terms of its agreement with Beech Housing it is a separate organisation able to make its own decisions. The Council has challenged Beech House over its stance on nominations for Mr X. however it cannot force it to change its mind. There is no evidence of fault by the Council. It has done all it can to challenge the housing provider over its decision.

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Final decision

60. I am completing my investigation. I have found no evidence of fault by the Council in the way it dealt with Mr X’s homelessness situation and a housing provider ‘s decision not to accept any nominations from Mr X for its properties.

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Parts of the complaint that I did not investigate

61. I have not investigated Mr X’s concerns about the decision and actions of Beech Housing or Oak Housing. The Ombudsman does not consider complaints against social housing providers as this is for the Housing Ombudsman.
62. As paragraph six explains we normally expect a person to complain to the Information Commissioner about a possible breach of data protection. In this case I consider it is reasonable to expect Mr X to complain to the ICO as it can consider the facts of the case and decide if there has been a breach by the Council.
63. I have not investigated Mr X’s complaint about the housing band allocation to him, his position on a list of nominees for a property and any complaints Mr X may have about how the Council dealt with his homelessness from March 2020 . This is because they are all new issues Mr X needs to complain to the Council about first.

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Investigator's decision on behalf of the Ombudsman