Summary: Mr X complains the Council did not offer him support when he became homeless. The Council is not at fault.

The complaint

1. Mr X complains the Council did not offer him support when he was at risk of homelessness and later when he became homeless. He says this meant he had to sleep rough, which affected his health and was distressing.

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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. 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. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
4. When Mr X made his complaint to the Ombudsman, he said he had complained to the Council but not received a response. As Mr X is a vulnerable person, I have exercised discretion to consider his complaint now.

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How I considered this complaint

5. I have considered:
• all the information Mr X provided and discussed the complaint with him;
• the Council’s comments about the complaint and the supporting documents it provided; and
• relevant law and guidance.
6. 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

Relevant law and guidance

Homelessness

7. Section 179 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.
8. 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.
9. 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) 

What happened

10. Before August 2019, Mr X was living in a flat owned by a charity. Mr X says residents can only stay in the hostel for 6 months. By August 2019, Mr X says he had been in the flat for the maximum amount of time and needed to find private accommodation. The Council says Mr X did not need to leave his flat.
11. The Council met Mr X at the charity flat in early August 2019 and gave him advice about moving to private accommodation. It said that because Mr X recently received a £6000 back payment of disability benefits, it would expect him to use that money for a deposit. It arranged an appointment with Mr X for later in the week, to discuss his move in more detail. Mr X did not attend the appointment. Mr X says the Council never visited him at the charity flat.
12. In early September 2019, Mr X gave up the keys to his charity flat ready to move into his new flat. A day later, Mr X asked the Council for help with his flat deposit. There is no evidence Mr X told the Council he would be sleeping rough without support.
13. Mr X said he did not realise he would have to pay a deposit and could not move in without help. The Council contacted Mr X’s landlord who confirmed Mr X had already paid £100 and had £290 outstanding. The landlord said they had told Mr X this.
14. The Council looked at Mr X’s financial records and found Mr X had spent £4450 of his benefit back payment. Mr X says this was on a mobility scooter and mobility car. The Council verbally told Mr X that it would not help him with his deposit because he had spent his benefit money on things other than rent. Mr X was unhappy the Council questioned how he spent his benefit money and left the Council offices. He did not make a homelessness application.
15. Mr X says he spent one week homeless. He says he slept outside and could not get access to his medication. However, on his housing benefit application Mr X stated he stayed with friends.
16. Once Mr X received his monthly disability benefit payment, he used the money to pay the landlord the remaining deposit and moved into his private flat.
17. Mr X was unhappy with the Council’s decision not to provide him any support and says he hand delivered two letters to its officers. Mr X has provided copies of the letters, one is dated October 2019 and the other December 2019. The Council says it did not receive any letters from Mr X.

Findings

Homelessness duties

18. In early September, Mr X said he was homeless and asked for money for his deposit. At that point, the Council was under a duty to accept a homelessness application from him and make relevant enquiries.
19. However, the Council is entitled to look at a person’s finances when they ask for financial support. It had previously advised Mr X that it would expect him to use the benefit back payment to pay his deposit and gave him the opportunity to discuss the matter further at a meeting. Mr X disputes this. I am satisfied, on the balance of probabilities, the Council did visit Mr X and discuss his back payment.
20. Given that Mr X paid part of his deposit, I am satisfied Mr X was aware there was more to pay.
21. When it assessed Mr X’s bank statements, the Council found Mr X had spent the back payment. It said it would not offer him support because he had funds available but had spent them. The Council is not at fault for making enquiries about how Mr X spent his money.
22. Mr X was unhappy with the Council’s questioning and left the office. The Council’s decision to advise Mr X it would not help him meant Mr X left without completing a homelessness application or giving the Council the information to make enquiries. While it would have been preferable for the Council to take more of Mr X’s information and application before deciding it could not help him financially, I do not consider this sufficient to make a finding of fault.

Complaint handling

23. Mr X says he delivered letters to the Council about his complaint, but the Council says it did not receive any. There is insufficient evidence to make a judgement on this matter. In any event, the Council’s failure to respond to Mr X’s complaint did not cause him personal injustice. Mr X was still able to complain to the Ombudsman.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman