Summary: There is no fault in how the Council dealt with Mr X’s request for homeless assistance.

The complaint

1. Mr X complains the Council have not provided him with the proper help and support to address his homelessness.
2. As a result, Mr X says he is sofa surfing.

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The Ombudsman’s role and powers

3. 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)
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 spoke to Mr X about the complaint.
6. I made written enquiries of the Council and considered its response along with relevant law and guidance.
7. Mr X and the Council now have an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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What I found

Relevant law and guidance

Valuation Office

8. Every property has a status as residential or business and a band for tax purposes. This is set by the Valuation Office, which is part of central Government and so not in our jurisdiction. If someone wants to change their property’s council tax band they can apply to the Valuation Office and, if this is refused, they can appeal to the Valuation Tribunal.

Homelessness

9. 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.
10. 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.
11. 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) 
12. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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 paragraph 11.18)
13. If councils are satisfied an applicant is threatened with homelessness and eligible for assistance, they must help them to secure that accommodation does not stop being available for their occupation. This is called the prevention duty. The duty lasts for 56 days, but councils can extend this. (Housing Act 1996, section 195)
14. Homeless applicants may request a review within 21 days of being notified of a decision on their homelessness application. There is also a right to request a review of the suitability of temporary accommodation provided once the Council has accepted the main homelessness duty. (Housing Act 1996, section 202)
15. So far as is relevant to this complaint, homeless applicants may request a review within 21 days of being notified of the following decisions:
• their eligibility for assistance
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness
• the steps they are to take in their personalised housing plan at the prevention duty stage
• giving notice to bring the prevention duty to an end

Relevant background

16. Mr X previously leased a property as a shop with premises above it where he intended to live.
17. However, the Council says the Valuation Office determined that the property could not be used for residential purposes because it does not have a fire escape. The fire service made a prohibition order which says no one can live in the property.
18. Mr X says this is why he is homeless and that if the status of the property was changed to include residential use, he would no longer be so.

What happened

19. In July 2020, Mr X emailed the Council to say he was homeless and needed some advice.
20. The Council assigned a housing officer in early August. The officer contacted Mr X by email to find out more about his circumstances.
21. The Council explained to Mr X the information it needed from him. This included proof of identity, financial information, and details of where Mr X had been living. The Council needed this information to find out what duty it might owe him and what housing options would be best for Mr X.
22. Mr X was reluctant to provide some information. He did not want to tell the Council exactly where he was staying or with whom. He says this was because he was concerned that this information would be used by other services and authorities to target him.
23. Over the next several months, the Council’s records show it made repeated attempts to get the information it needed to find out whether Mr X was homeless or threatened with homelessness.
24. Despite not having received all the information it needed, in October the Council decided to accept a duty to Mr X to prevent his homelessness. It completed a personalised housing plan.
25. The Council referred Mr X to some local hostels which might be able to offer him accommodation.
26. One hostel contacted Mr X. However, Mr X told the hostel he had accommodation. He meant the property above the shop which he is not legally allowed to occupy. However, the hostel closed his referral on the basis it thought Mr X had somewhere else to live.
27. The Council ended its duty in March 2021 as more than 56 days had passed.

My findings

28. I do not find the Council to be at fault in how it has dealt with Mr X’s homeless application.
29. The Council could have closed Mr X’s case when he refused to provide all the necessary information it needed to confirm that he was eligible and homeless. Instead, it accepted a prevention duty so it could help him. This is in line with the Code of Guidance which says councils should take a flexible approach towards applications for assistance. (Homelessness Code of Guidance paragraph 11.6)
30. The Council issued a personalised housing plan with steps for Mr X and the Council to take. The Council kept the duty open for more than the required 56 days so it could continue to help Mr X.
31. The Council wrote to Mr X when it ended the duty. The letter explained that he could ask for a review of the decision if he disagreed with it. It was open to Mr X to use this statutory right but he did not do so.
32. Mr X wanted the Council to help him change the status of the premises above the shop. The Council’s records show it explained to Mr X that this was a matter for the Valuation Office and not within the Council’s power.

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Final decision

33. I have completed my investigation. There is no fault by the Council.

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Investigator's decision on behalf of the Ombudsman