Summary: Ms X complained the Council failed to provide her with suitable temporary accommodation when a housing association started possession proceedings on her secure tenancy home. She further complained it failed to protect her belongings. The Council assisted Ms X in line with relevant law and guidance and was not at fault.

The complaint

1. Ms X complains the Council failed to provide her with suitable temporary accommodation after a housing association started possession proceedings on her secure tenancy home. Ms X further complains the Council failed to protect her belongings when she moved into the unsuitable temporary accommodation.
2. Ms X says the Council to compensate her for legal costs and the damage caused to her belongings.

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What I have investigated

3. I have investigated the Council’s actions and decisions in providing Ms X temporary accommodation and steps it took to protect her belongings. I have not investigated events, actions or decisions linked to the possession order and I explain why at the end of this decision statement.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
6. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, 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

8. I considered information provided to us by Ms X.
9. I considered the Council’s response to my enquiry letter.
10. Ms X and the Council had an opportunity to comment on this draft decision. I considered any comments before I made a final decision.

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What I found

Legislation and guidance

11. 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.
12. Someone is threatened with homelessness if, when asking for assistance from the Council on or after 3 April 2018:
• 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)]
13. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help them to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
14. A council will apply four tests to decide what, if any, duty it owes to a homeless applicant. Councils will make inquiries to find out if the applicant is:
• eligible for assistance;
• homeless or threatened with homelessness;
• in priority need (e.g. is vulnerable, has dependent children etc.);
• not intentionally homeless.
15. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Protection of belongings

16. Section 211 of the Housing Act 1996 outlines a council’s duty to protect or store a person’s personal belongings.
17. The Homelessness Code of Guidance (the Code) says a council must take reasonable steps to prevent the loss of the property or mitigate damage to it. This applies regardless of whether the Council is still subject to a housing duty.
18. The Code states a danger of loss or damage to personal property means there is a likelihood of harm, not just that harm is a possibility. Applicants may be unable to protect their property if, for example they are ill or are unable to afford to have it stored themselves.

Section 8 notice of seeking possession

19. Landlords can evict tenants using a Section 8 notice if they have broken the terms of the tenancy. Landlords can apply to the court for a possession order if tenants do not leave by the specified date. The judge will then decide whether the tenant should be evicted or whether they can stay at the property.

The Council’s housing allocation policy

20. The Council has a partnership agreement with registered providers of social housing in its area. This allows people to register with providers for an allocation of social housing. People who are allocated social housing are usually known as ‘secure tenants’. Tenants can stay in the property for as long as they like as long as they do not breach any conditions of the tenancy.
21. The policy explains that any tenant found guilty of unacceptable behaviour, or those that have housing related debt or those that breach conditions of tenancy will be disqualified from joining the housing register.

What happened

22. In March 2020 Ms X lived with her three children in a housing association property (property 1) under a secure tenancy. As such, the housing association was her landlord.
23. Ms X contacted the Council and told it the housing association had issued her a section 8 eviction notice on the grounds of alleged anti-social behaviour and rent arrears. Ms X told the Council she was going to challenge the notice at court. Ms X told the Council she was the victim and as such did not feel safe at property 1. Records show the Council advised Ms X to look into the private rented market and offered to assist her with a deposit and advance rent. Ms X refused stating she wanted an alternative property from the housing association.
24. The Council wrote a letter to Ms X accepting a duty to prevent Ms X from becoming homeless pending the outcome of the eviction proceedings.
25. The following day Ms X’s doctor called the Council and said they had concerns for Ms X’s daughter’s mental health and wellbeing if they were to go back and live at property 1. The Council said it offered Ms X the only available temporary accommodation available in Ms X’s area which it kept aside for domestic abuse victims or homelessness emergencies. This was a 1-bedroom fully furnished flat (property 2). Ms X accepted and moved into property 2 a couple of days later
26. Records show the Council issued Ms X with her personalised housing plan (PHP) and advised her it would start looking for a larger property. Records show the Council told Ms X that if she is evicted from property 1 then she will not be in a position to move to another property managed by the housing association. The Council told Ms X that private rented accommodation would be her only option. Records show the housing association confirmed to the Council its intention to evict Ms X due to anti-social behaviour.
27. Between March and May 2020 the Council offered Ms X seven different private rented properties. Records show however that Ms X refused all of them stating she was not prepared to move into a private rented property and reiterated her intention to challenge the eviction from property 1.
28. Ms X remained living at property 2 for the remainder of 2020 and into 2021. Records show the court case around Ms X’s eviction was delayed due to the ongoing COVID-19 pandemic but concluded in April 2021. The court ordered that the housing association receive possession of property 1 and that Ms X be evicted.
29. Ms X complained to the Council. She complained about the eviction and the reasons for it. She also complained that the Council had left her in unsuitable, overcrowded temporary accommodation at property 2. Ms X also complained that her belongings were still in property 1 and wanted the Council to transfer them to property 2.
30. The Council responded. It said the courts decision to evict Ms X was out of its control and a decision made by the court. With regards to the suitability of property 2 it said it had done all it could to secure Ms X a larger property but Ms X had refused, for various reasons all offers. It also said it had recently offered Ms X an unfurnished private rented property so she could transfer her belongings but that was also not accepted. The Council said it could not assist with moving her belongings to property 2 because it was too small and would make it very difficult to live in. It said that as Ms X had lost her tenancy at property 1 she was now no longer eligible for a housing association property. Therefore the Council will continue assisting with private rented.
31. In August 2021 Ms X was officially evicted from property 1 and therefore lost her secure tenancy. The Council wrote to inform her it had accepted a duty to find her suitable accommodation. Ms X’s PHP shows the Council again focussed on looking for private rented accommodation for her. The Council found another three potential unfurnished private rented properties which would have allowed Ms X to transfer her belongings to. Ms X refused these via her Citizen Advice Bureau representative. The Council warned Ms X she would need to make arrangements for the storage of her belongings from property 1.
32. Records show Ms X began accruing rent and service charge arrears at property 2. The Council carried out an investigation and found Ms X had not lived at property 2 for a number of weeks. The energy company confirmed very little electricity was used and no gas. Council officers visited property 2 but could not gain full access due to the large amount of furniture stacked up inside which Ms X had moved from property 1. Officers found mail backed up and no food in the fridge which confirmed Ms X was no longer living there. The Council decided to evict Ms X from property 2 due to the arrears
33. The Council made contact with Ms X about her belongings and offered to meet the costs to remove her belongings to storage. Ms X however chose to remove them herself which she did in November to destination unknown to the Council.
34. The Council wrote to Ms X informing her its duty to provide her with temporary accommodation had ended because she was no longer living there. The letter explained to Ms X that this decision does not have a statutory right of review.
35. The Council’s current position is that it owes Ms X a full duty to secure permanent accommodation. As Ms X lost her secure tenancy at property 1 she is not eligible for another housing association property. Therefore, private rented is the only option. The Council states it is willing to assist her with a deposit and rent advance and it continues to look for suitable properties. The Council said it has not considered discharging its duty at this stage.
36. Ms X remained unhappy and complained to us.

My findings

37. Ms X was entitled to live at property 1 throughout 2020 and 2021 until the court formally evicted her in August 2021. However, the Council in 2020 considered Ms X’s circumstances and information from her doctor and used its discretion to offer her alternative temporary accommodation, property 2, on an emergency basis due to her vulnerability. The Council acted as we would expect in the circumstances and was not at fault.
38. Records show the Council was aware from the outset that property 2 was too small and not suitable for Ms X in the long term. It was upfront with Ms X and told her that her only option going forward was private rented. This is reflected on her PHP and in other correspondence. Ms X refused numerous offers of private rented accommodation for various reasons, instead choosing to remain in property 2. Whilst it is acknowledged that property 2 was too small for Ms X’s needs it is not through Council fault that Ms X remained in it for so long. The Council was not at fault.
39. When Ms X moved to property 2 her belongings remained at property 1 where her tenancy remained valid while Ms X challenged her eviction. Therefore, there was no danger of loss or damage to her belongings and they remained safe and secure inside property 1. When the eviction was confirmed, the Council appropriately warned Ms X she may need to make arrangements to store her belongings as there was not enough room at property 2 and offered to assist her with this. There is no evidence Ms X’s belongings were damaged or destroyed, evidence by the fact she moved them all to property 2 before arranging her own storage from there. It also offered her a number of unfurnished private rented properties that it considered suitable for her but all of which she refused. The Council acted as we would expect and in line with relevant guidance and was not at fault.
40. Since Ms X approached the Council in early 2020 the Council has issued her with relevant homelessness decision letters where appropriate and kept Ms X’s PHP up to date. The PHP evidences the Council’s efforts to assist Ms X with private rented accommodation. The Council was not at fault.
41. In line with the housing policy Ms X is no longer eligible to apply for a secure tenancy from the housing association and there is no other option of social housing in its area. The Council’s position remains that it has a full duty to help Ms X secure permanent accommodation and has not considered discharging it despite consistent refusals of private rented accommodation. The Council remains willing to assist Ms X with a deposit and rent advance. It remains open for Ms X to contact the Council to progress this. The Council was not at fault.

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Final decision

42. I completed my investigation because I found no fault.

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Parts of the complaint that I did not investigate

43. Much of Ms X’s complaint to us was about the housing association’s decision to evict her from property 1. The court have already considered the circumstances, evidence, events and decisions around this therefore is out of our jurisdiction. I therefore only considered the Council’s actions in line with its homelessness duties.

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Investigator's decision on behalf of the Ombudsman