Summary: Mrs X complained about how the Council considered her homelessness application. She said it failed to investigate her history of domestic abuse properly. She also said the Council had asked her to leave her temporary accommodation despite restrictions in place because of the COVID-19 pandemic. We find the Council was not at fault.

The complaint

1. Mrs X complained about how the Council considered her homelessness application. She said it failed to investigate her history of domestic abuse properly.
2. In addition, she said the Council had asked her to leave her temporary accommodation despite being in Tier 4 restrictions as a result of the COVID-19 pandemic. She said the Council’s actions would result in her having to return to her marital home. Mrs X wants the Council to provide accommodation.

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What I have investigated

3. I have investigated the Council’s decision to ask Mrs X to leave her temporary accommodation. The final section of this statement contains my reason for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

4. 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)
5. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to Covid-19”.
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
7. 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

• I spoke to Mrs X about her complaint.
• I read the Council’s decision letters to Mrs X.
1. Mrs 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

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 to decide whether it owes a housing duty. 
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. Examples of priority need include people with dependent children and people who are vulnerable due to serious health problems, disability or old age.
11. 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 must be provided to the applicant in writing as their personalised housing plan.
12. Where the Council does not have a duty to provide accommodation, it can give permission for a person to occupy accommodation as a licensee.
13. In response to COVID-19 the Government introduced the Coronavirus Act 2020 which protected tenants from eviction during national lock periods. The suspension of evictions applied only to tenants and not to most licences to occupy. The government issued non-statutory guidance advising landlords of those on licences to ‘work with renters who may be facing hardship as a result of the response to COVID-19’ (COVID-19 Guidance for Landlords and Tenants)

Background

14. Mrs X told me she left her marital home in 2011 because of domestic abuse. She had returned to live there intermittently throughout intervening years but left again at the start of 2020 because of fears for her safety.
15. Mrs X said she initially lived with a family member, before moving in with a friend, Mr F. Mr F was living in temporary accommodation provided by the Council. Mr F left the property, and the Council decided to cancel his accommodation. In doing that, it identified Mrs X was living there.

What happened

16. Mrs X presented to the Council as homeless in July 2020. The Council completed enquiries that day but did not assess her as having a priority need. It explained her right to request a review of that decision.
17. The Council completed a personal housing plan setting out the support it would provide in finding Mrs X somewhere to live. It allowed her to stay on in the flat as a licensee because of the COVID-19 pandemic. It said it would tell her when she needed to leave in ‘due course’.
18. Mrs X asked the Council for a review of its homelessness decision. The Council sent that to Mrs X at the end of September 2020. It upheld its initial decision. It said that if Mrs X disagreed, she had the right to appeal to the County Court within 21 days.
19. The Council sent Mrs X a further letter on 13 November 2020 asking her to leave the temporary accommodation within 28 days. It said it did not have a duty to provide accommodation.
20. Mrs X complained to the Ombudsman in late December 2020. She stated she had lodged an appeal about the homelessness decision with the Court. She said she was still living at the flat but would have to return to the martial home if she had to leave the temporary accommodation.

The Council’s response to enquiries

21. The Council said Mrs X had had since July 2020 to find alternative accommodation and that the housing market remained open despite the country being in lockdown.
22. It said the Council did not owe Mrs X a housing duty and by Mrs X remaining in the accommodation, it prevented other households being allocated temporary accommodation.
23. It recognised that its decision may leave Mrs X homeless. It said the Council would continue to provide advice and support in finding alternative accommodation to rent.

My findings

24. 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.
25. As the Council did not assess Mrs X as having a priority need, it did not have a duty to provide her temporary accommodation. However, it initially exercised its discretion and allowed her to remain in temporary accommodation as a licensee.
26. The Council decided not to exercise its discretion further, despite the national lockdown because:
• it considers Ms X has had sufficient time to identify alternative accommodation;
• the housing market remains open; and
• it needs the accommodation for people it does owe a housing duty to.
27. The Council has explained its reasons for not exercising its discretion to offer Mrs X further temporary accommodation. It states it will continue to provide her support to find alternative accommodation. The Council has considered the circumstances and had regard to the non-statutory guidance and was not at fault.

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Final decision

28. The Council was not at fault for asking Mrs X to leave her temporary accommodation. I have completed my investigation.

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Parts of the complaint I that I did not investigate

29. I did not investigate Mrs X’s complaint about how the Council investigated her history of domestic abuse in relation to her homelessness application. That is because Mrs X can appeal the Council’s homelessness decision at court, and I have seen no good reason to exercise my discretion to investigate.

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Investigator's decision on behalf of the Ombudsman