Summary: Mr B complained the Council did not provide suitable interim accommodation when he and his family presented as homeless. Mr B said his family were having to live in a caravan. We have not found fault with the Council.

The complaint

1. Mr B complained the Council did not provide suitable interim accommodation when he and his family presented as homeless. Mr B said his family were having to live in a caravan. Mr B is concerned he has been discriminated against and targeted by the Council.

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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. 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)
3. 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

4. I considered:
• Mr B’s complaint and the information he provided;
• documents supplied by the Council; and
• relevant legislation and guidelines.
5. Mr B and the Council had the opportunity to comment on a draft decision. I considered any comments before making a final decision.

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What I found

Legislation and Guidance

6. 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.
7. Someone is threatened with homelessness if, when asking for assistance from the Council he or she is likely to become homeless within 56 days; or he or she has been served with a valid Section 21 notice which will expire within 56 days. [Housing Act 1996, section 175(4) & (5)]
8. 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) 
9. 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)
10. 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.  This duty applies to interim accommodation and accommodation provided under the main homelessness duty.  (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
11. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons.  All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, from 3 April 2018 Homelessness Code of Guidance 18.32 and 18.33)
12. Under section 17 of the Children Act 1989, councils have a duty to safeguard and promote the welfare of children in need in their area. Councils can use section 17 to help homeless children.

What happened

13. This chronology includes key events in this case and does not cover everything that happened.
14. Mr B, his wife, and their children moved abroad in 2019. In August 2020, Mr B, his pregnant wife and four children presented as homeless to the Council.

Week one:

15. Mr B told the Council his family would become homeless the following day. He explained the family had been living in a caravan on a campsite and had been asked to leave.
16. Mr B met the Council to complete a housing options assessment. The Council decided, on the information Mr B gave, it had a duty to provide interim accommodation while it assessed his homelessness application. The Council advised Mr B to make housing and universal credit applications and to explore the private rented sector for accommodation. The Council asked Mr B to provide documents to support his claim.
17. The Council provided the family with interim accommodation in a hotel.
18. The following day the Council offered Mr B interim accommodation in a three-bed property; property C. Mr B attended an appointment at the Council and signed the tenancy agreement for the property. Mr B told the Council there were families that lived near property C that did not like him. The Council spoke to the police, completed a risk assessment and decided property C was suitable for the family. The Council gave Mr B information about the property and local amenities, including how to pay for utilities. Mr B told the Council he did not need a homeless pack as he had furniture in storage.
19. On viewing the property, Mr B refused to move in. The Council told Mr B if he did not have somewhere suitable for his children to stay, it would make an emergency social services referral for his children. Mr B said they would stay with friends.
20. Mr B attended the Council offices on Friday. The Council told him property C was suitable for his needs. The Council checked with the police again who confirmed there was no reason the family could not move into property C. Mr B and his family returned to property C. Later that day, Mr B told the Council he was unhappy with the condition of the property. The Council visited the property. The Council agreed it needed repairs but considered it to be safe, functional, and clean.
21. The Council looked for alternative interim accommodation and inspected property D, there was credit on the meter and storage heaters. There were no cooking facilities. The Council offered the three-bed property to the family. That evening, Mr B contacted the out of hours service and complained there were no cooking facilities, electricity or gas. The out of hours service provided Mr B and his family with hotel accommodation over the weekend. Mr B told the Council he did not stay at the hotel because it was unsanitary.
22. Mr B’s housing options officer left the employment of the Council.

Week two:

23. The Council told Mr B to return to property D as it was suitable for him and his family as interim accommodation. Mr B told the Council he was worried about being recognised in the area. It suggested he contact another Council’s housing department if he was concerned about living in the area.
24. Mr B returned the keys to property D to the Council.

Week three:

25. Mr B contacted the Council. The Council asked him for the documents it asked for during his housing options assessment. It told him it needed these to complete his housing application and his personal housing plan. The Council explained to Mr B it had offered him suitable interim accommodation and would not make another offer.
26. Mr B’s MP contacted the Council about his housing application. His MP told the Council Mr B said property C needed significant repairs and property D did not have running water.
27. The Council assigned Mr B a new housing options officer. The Council spoke to him and asked him for the documents it needed. Mr B said he did not think he had to give the Council any documents because he was a British Citizen. He told the Council he was going to buy a caravan for the family to live in.
28. The Council told the advice agency Mr B was working with, which documents he needed to provide so it could process his housing application. It advised it had offered Mr B suitable interim accommodation and may end its housing duty.
29. Mr B and his family are living in a caravan. Mr B has not given the Council his address because he is worried its staff will cause him trouble. Because of this, the Council cannot send Mr B any letters about his case.

Analysis

30. When Mr B told the Council his family were going to be homeless, the Council started a homelessness application and a personal housing plan. The Council could not complete these until Mr B provided the documents and information it has asked for. The Council asked Mr B for these at their first meeting and several times since.
31. While the Council was undertaking Mr B’s homelessness application, it provided his family with interim accommodation. Mr B was unhappy with the condition and location of the properties offered by the Council. Each time Mr B complained, the Council acted and provided alternative accommodation for the family.
32. Maintenance records for property C showed that although it needed repairs, the Council could have completed these when the property was occupied. The repairs did not impact on its suitability as interim accommodation. Despite this, the Council offered Mr B another property, property D. The property did not have cooking facilities. However, when the Council asked Mr B if he needed a homelessness pack, he said he had his own furniture in storage. The Council was not aware that he could not access his furniture until he contacted the out of hours service. The Council provided the family with alternative accommodation over the weekend until the matter could be resolved. It is my view the Council provided Mr B and his family with suitable interim accommodation.
33. Mr B was unhappy the Council said it would refer his children to children’s services if they were homeless. Under section 17 of the Children Act 1989, councils have a duty to safeguard and promote the welfare of children in need in their area. The Council had a duty to refer Mr B’s children to its children’s services department if it was concerned about their welfare. The information the Council gave Mr B was correct.
34. Mr B was concerned the Council discriminated against and targeted him. I found no evidence of unprofessional practice.

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Final decision

35. I have completed my investigation and do not uphold Mr B’s complaint.

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Investigator's decision on behalf of the Ombudsman