Summary: Mrs B complains the Council has not properly provided accommodation when she was homeless. The Council was not at fault.

The complaint

1. The complainant, whom I shall refer to as Mrs B, complains the Council has not properly dealt with her homelessness because it has:
• Failed to ensure suitable accommodation in place, she has not received a personal housing plan or any assistance to find alternative accommodation since first approaching the Council in September 2019.
• Offered her unsuitable interim accommodation and refused to make further offers when interim accommodation turned down
• Not taken proper account of her partner’s health issues and said he has to give away a service dog because it considers it a pet.
• Not dealt with her complaint.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.

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How I considered this complaint

5. I have spoken to Ms B about her complaint and considered the information she has provided to the Ombudsman. I have also considered the Council’s response to my enquiries.
6. I have exercised discretion to investigate this complaint, despite Mrs B’s complaint not having been considered by the Council, because of the urgency of the homelessness issues and the lengthy delay caused by Covid19 disruptions.
7. Mrs B 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

8. 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.
9. 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)
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)
11. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
12. Councils will need to be sensitive to the importance of pets to some applicants, particularly elderly people and rough sleepers who may rely on pets for companionship. Although it will not always be possible to make provision for pets, Council’s should give careful consideration to this when making provision for applicants who wish to retain their pet. (Homelessness Code of Guidance paragraph 17.63)

Analysis

13. Mrs B lived in private rented accommodation. A possession order was granted against her in September 2019. Mrs B made a homelessness application to the Council with her partner, Mr B. The Council made inquiries into her circumstances and decided it owed her a duty to prevent her becoming homeless.
14. Mrs B received an eviction notice in November 2019 and was evicted from her accommodation in February 2020.
15. The Council provided interim accommodation for Mrs B prior to her eviction. Mrs B complained about the first accommodation provided by the Council.
16. Mrs B complained to the Ombudsman. The Council provided alternative interim accommodation for Mrs B.
17. In March, Mrs B and her partner found other accommodation.

Analysis

18. I have seen documents from the Council to Mrs B which show that the Council:
• Took Mrs B’s partner’s medical circumstances into account.
• Accepted a s195(2) duty to prevent homelessness.
• Assessed Mrs B’s needs and provided a personalised housing plan.
• Accepted a s189B(2) duty to take reasonable steps to find accommodation.
• Provided interim accommodation for Mrs B before she became homeless.
• Advised Mrs B of her right to review, where appropriate.
19. The Council has provided case records which show Mrs B complained about the first interim accommodation she was provided with. The Council says it did not agree with Mrs B’s complaint, but provided alternative interim accommodation.
20. The Council says the landlord of the temporary accommodation had indicated that they couldn’t continue to allow Mrs B and her partner to keep their dog in the home. It says no action or decision had been taken on the matter and Mr B was not separated from his dog. The Council requested evidence that the dog was a support dog and says medical records did not give reason to determine that it was medically necessary for the dog to be accommodated with the couple in temporary accommodation (e.g. that it could not be placed in kennels, if necessary). The Council took into account Mrs B and her partner’s representations about their dog. This is not fault by the Council.
21. The Council provided Mrs B and her partner with two sets of interim accommodation. Mrs B made no complaints about the second interim accommodation. I have heard a message left by Mrs B for the Council in early March 2020. Mrs B thanked the Council for its help and said she did not need any more help because she had managed to sort everything out.
22. The Council complied with the law and the Code of Guidance when it dealt with Mrs B’s homelessness. This is not fault by the Council.
23. On the balance of probabilities, the Council dealt with Mrs B’s complaint about the interim accommodation effectively because alternative interim accommodation was provided, Mrs B did not complain about the alternative interim accommodation and her final message conveyed no dissatisfaction with the eventual outcome. Mrs B complained to the Ombudsman before the Council had an opportunity to respond. This is not fault by the Council.

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Final decision

24. I have not found fault by the Council. I have now completed my investigation.

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Investigator's decision on behalf of the Ombudsman