Summary: There was fault by the Council as it delayed making a decision on an application to join the housing register. The Council has agreed to consider a new application and whether it should be backdated, to remedy the injustice from the delay. There is no fault in the Council’s actions to prevent homelessness, as Mr X found his own accommodation.

The complaint

1. The complainant, who I shall call Mr X, complains:
• the Council did not take adequate action to prevent his homelessness in October 2019.
• the temporary accommodation he was placed in was unsuitable due to shared facilities.
• the Council has not accepted him onto the housing register so he can get permanent housing.
2. Mr X says the Council did not help him prevent homelessness and he has not been able to join the housing register.

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The Ombudsman’s role and powers

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. 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 read the papers submitted by Mr X.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. 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

The law and guidance

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. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help them to secure that accommodation does not stop being available for their occupation (the prevention duty). In deciding what steps they are to take, councils must have regard to their assessments of the applicants' cases. (Housing Act 1996, section 195) 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.
10. Councils must take reasonable steps to secure accommodation for any eligible homeless person (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)
11. 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 applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;

Key facts

12. Mr X lived in a privately rented flat. He visited the Council in October 2019 as he lost his job and his tenancy was ending in the next week. The Council accepted that he threatened with homelessness and a prevention duty was owed.
13. The Council created a Personalised Housing Plan (PHP) for Mr X on 11 October 2019. The Council said it would:

• Liase with housing to attempt to have housing application fast tracked.
• Explore available housing options.
• Make available the homeless prevention fund if Mr X found a private rental property.

The Council said Mr X should:

• Continue to bid on homes direct and await assessment for Birmingham choice.
• Explore private rental options.
• Consider making a Discretionary Housing Payment application.

14. The Council wrote to Mr X on 21 November 2019. It said that Mr X had now obtained accommodation (a new flat on 8 November) and so its duty had now come to an end. The Council informed Mr X of his right to request a review of the decision.
15. Mr X made an official complaint to the Council on 29 November 2019. There was delay by the Council in responding, as Mr X did not receive a reply until 5 June 2020. The Council apologised for the delay and said that Mr X’s case was allocated to a new caseworker on 18 November 2019. The Council said that as Mr X told the caseworker he had found new accommodation, his homelessness was resolved as he had acquired accommodation which was available for 6 months. The Council’s response said that its records show there were notes on his application regarding a DHP, which was discussed with the previous caseworker.
16. The Council wrote to Mr X in June 2020 to say that he did not qualify to join the housing register as he had no recognised need or priority. Mr X asked for a review of the decision. The Council upheld its decision in July 2020.

My analysis

Homelessness Prevention

17. Mr X complains the Council did not take enough action to prevent his homelessness in October 2019.
18. On the evidence available, there is no evidence to support Mr X’s view. The Council accepted it had a relief duty to help him find accommodation and produced a PHP. It is clear the Council had some contact with Mr X, but then after his caseworker left Mr X found his own accommodation. So, the Council no longer had a duty as he was no longer homeless.
19. Mr X has said that the Council did not make a DHP that could have prevented his eviction. The Council’s files record a note on 11 October that says ‘consider making Discretionary Housing Payment application or consider the Homeless Prevention Fund for financial assistance in securing new Private Rented Sector property’.
20. It is clear that Mr X discussed a DHP with the housing officer. However, there is no evidence that the Council said it would make the application for him. Mr X was able to make a DHP application himself and did find new accommodation for himself quickly when the Council gave him shelter’s number. So, I can find no fault on this point.

Temporary accommodation

21. Mr X complains the temporary accommodation he was placed in was unsuitable due to shared facilities. I note Mr X’s concerns. However, Mr X found this accommodation himself and was not placed there by the Council so I can find no fault by the Council on this point. The Council did give Mr X the telephone number of Shelter, this was the extent of its involvement in finding accommodation for him.

Housing Register

22. Mr X complains the Council has not accepted him onto the housing register so that he can obtain permanent housing.
23. On the evidence available, there was delay by the Council in giving Mr X a final decision on whether he would be accepted onto the housing register. This was fault. Mr X made the application in October 2019 but did not receive a decision until June 2020. This decision was made based on Mr X’s circumstances in November 2019 when he applied when he was homeless.
24. I can see that Mr X’s housing situation has changed a number of times between October and June. While he may not have been eligible to join the housing register because he was homeless, it is possible he may have been eligible to join the housing register for other reasons. So, in order to establish if Mr X would have been entitled to join the housing register during the period of delay, the Council has agreed to consider any new application Mr X wishes to make. If this is successful, the Council will then consider backdating it and whether he has missed out on any offers of accommodation.

Agreed action

25. That the Council apologises to Mr X for the delay within one month of the date of the decision on this complaint.
26. That the Council considers a new application to join the housing register if Mr X wishes to make one. If successful, the Council should go on to consider whether to backdate the application and if he has missed out on any offers of accommodation.

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Final decision

27. I have completed my investigation of this complaint. This complaint is upheld. The remedy outlined above remedies the injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman