Summary: Ms X complained the Council failed to make a decision on Ms B’s homelessness application made in February 2020. The Council’s failure meant Ms B and her family lived with the threat of eviction from their privately rented property for longer than if the Council had acted as it should. They also had to pay court costs. There was fault which caused injustice to Ms B. The action taken by the Council is a satisfactory resolution of the complaint.

The complaint

1. I call the complainant Ms B. She was represented by Ms X. Ms X complained the Council failed to make a decision on Ms B’s homelessness application made in February 2020. She said the Council’s failure to make a decision and offer accommodation meant Ms B and her family lived with the threat of eviction from their privately rented property for over a year. Also they had to pay court costs associated with the possession proceedings.

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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)

We provide a free service, but must use public money carefully. We may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome.(Local Government Act 1974, section 24A(6))

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 the complaint and documents provided by Ms X. I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Ms X and the Council and considered their comments.

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What I found

Summary of the relevant law, guidance and good practice

5. Part 7 of the Housing Act 1996 (the Act) and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
6. Someone is threatened with homelessness if, when asking for assistance from the Council:
• they are likely to become homeless within 56 days; or
• they have been served with a valid section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5))
7. The Code says in determining whether it would be reasonable for an applicant to continue to occupy accommodation following expiry of a valid section 21 notice the authority will need to consider all the factors relevant to the case and decide the weight that each should attract. Authorities should not adopt a blanket policy or practice on the point at which it will no longer be reasonable for an applicant to occupy following the expiry of a section 21 notice.
8. The Code goes on to say it is highly unlikely to be reasonable for the applicant to continue to occupy after the date on which the court has ordered them to leave the property and give possession to the landlord. Housing authorities should not consider it reasonable for an applicant to remain in the property until a court issues a warrant or writ to enforce an order for possession.
9. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent 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 paragraphs 11.6 and 11.18)
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. (Housing Act 1996, section 188)
11. 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.

What happened

12. In the middle of November 2019 Ms B’s landlord served her and her family with a possession notice under section 21 of the Act. This required they leave the property by 21 January 2020. At the end of January the landlord went back to court to start the process to evict her and she made a homeless application to the Council.
13. Rules bought in due to the COVID-19 pandemic meant the proceedings were suspended. In March 2021 the court ordered Ms B and her family must leave the property by 19 March and pay the landlords costs of just over £420.
14. In June the court granted a warrant for bailiffs to evict Ms B in July. The Council then offered Ms B and her family temporary accommodation in July. In August it made an offer of permanent housing which Ms B accepted.

Analysis

15. The Council accepted it did not deal with the matter properly after the possession order was granted in March 2021. It made an exception to its normal policy because of the family circumstances to offer permanent housing. It also offered to pay the cost of the court proceedings of over £420.
16. This is a satisfactory resolution of the complaint and further investigation is not warranted.

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Agreed action

17. Ms B has accepted the Council’s offer of permanent housing and the payment of £424.50.

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Final decision

18. There was fault which caused injustice to Ms B.

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Investigator's decision on behalf of the Ombudsman