Summary: Ms X complained about the Council’s handling of her homelessness application and delays in addressing repair issues in the interim accommodation it provided, which caused her anxiety. The Council has accepted some delay and communication failings, and has made an offer to remedy the injustice caused, which Ms X has accepted. We have discontinued our investigation on the basis that there is nothing worthwhile we could achieve by investigating further.

The complaint

1. Ms X complained the Council delayed in dealing with her homelessness application. She also complained it failed to provide a copy of the licence agreement for the temporary accommodation, failed to address some repair issues she reported and delayed responding to others. In addition, it failed to respond to some communications from the lawyer acting on her behalf including a formal complaint he made on her behalf.
2. Ms X said she suffered anxiety as a result of the delays in dealing with her case, which was made worse by the disrepair and cramped conditions in the temporary accommodation.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered:
• the information provided by Ms X and Mr Y, her legal representative;
• the information provided by the Council in response to my enquiries;
• relevant law and guidance, as set out below; and
• our guidance on remedies, available on our website.
5. Ms X, Mr Y and the Council had an opportunity to comment on my draft decision and I considered their comments before making a final decision.

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What I found

Relevant law and guidance

Homelessness

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. Under section 184 of the 1996 Act, if a housing authority has reason to believe a person applying to the authority for accommodation or assistance in obtaining accommodation may be homeless or threatened with homelessness, the authority must make such enquiries as are necessary to satisfy itself whether they are eligible for assistance. If so, it must identify what duty it owes and provide them with a decision in writing.
8. A person will be homeless if it is not reasonable for them to continue to occupy their accommodation (Section 177(1) of the Housing Act 1996).

Relief duty

9. Where a council is satisfied a person is homeless and eligible for support, it has a duty to take reasonable steps to help the person secure accommodation that will be available for at least six months. This is the relief duty. It applies for 56 days, following which the council should consider if it owes a main housing duty.

Personalised housing plan (PHP)

10. 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 (PHP). PHPs should be kept under review. (Housing Act 1996, section 189A and Homelessness Code of Guidance chapter 11)

Interim or emergency accommodation

11. Section 188(1) of the 1996 Act says if the Council thinks someone may be homeless and in priority need, it must, if the person asks for it, provide interim accommodation whilst it makes its enquiries. Examples of priority need are people with dependent children or, from 5 July 2021, those who are homeless because they are fleeing domestic abuse.

Suitability of accommodation

12. 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)

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What happened

13. Ms X approached the Council for housing assistance in May 2021. At that point she was living in a refuge with her adult daughter, after being assisted by another council to leave the family home following domestic abuse.
14. In late June 2021, Mr Y, a solicitor instructed by Ms X, contacted the Council. He said the Council should accept a relief duty, issue a personalised housing plan (PHP) and provide interim accommodation because he argued Ms X was in priority need. The Council acknowledged receipt of this communication.
15. In late July, as he had not received a response, Mr Y sent a pre-action protocol letter (PAP) with a view to starting legal action. In early August the Council spoke to Ms X, following which it arranged interim accommodation.
16. A few days later, Mr Y reported a number of issues with the accommodation that needed addressing. In late August, Mr Y raised further concerns about the property and asked the Council to provide a copy of the licence, which he said Ms X needed so she could apply for housing benefit. In early September he made a formal complaint because he said the issues raised had not been addressed.
17. The Council responded to the complaint, setting out the steps taken to address the repair issues. It confirmed it had assisted Ms X to apply for housing benefit. Mr Y remained unhappy and requested a copy of the housing file. This was not provided, and Mr Y made a further complaint in October 2021.
18. In December the Council sent Ms X a decision letter confirming it had accepted a relief duty and enclosing a PHP. In late January 2022 the Council identified a suitable property and Ms X viewed it, although it was not ready to move into as repairs were being undertaken. There was then some confusion about whether this was a formal offer, what works the Council had agreed to carry out, and when the property would be ready for Ms X to move into.
19. In April 2022, Mr Y complained to us.
20. In response to my enquiries, the Council accepted there had been some delay and communication failings. It said it would seek to resolve the matter with Mr Y. It later provided confirmation that it had:
• Offered accommodation, which Ms X had accepted;
• Agreed to pay £1,000 compensation for the injustice caused by its failings;
• Agreed to pay Ms X £2,400 for her to purchase her own furniture for the accommodation, which was unfurnished, rather than providing essential items; and
• Agreed to pay her £890 to cover her rent on the new accommodation for 6 weeks to allow her time to purchase furniture before moving in.

I have seen evidence that Ms X and Mr Y have agreed to the above proposals.

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My findings

21. The Council has accepted there were failings in its service and has made an offer to remedy the injustice caused, which has been accepted by Ms X and Mr Y. I am satisfied that the agreement reached is an appropriate remedy and that there is nothing more I could achieve by investigating further.

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Final decision

22. I have discontinued my investigation on the basis the Council has already provided a suitable remedy for any injustice caused by maladministration, and there is nothing worthwhile I could achieve by investigating further.

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Investigator's decision on behalf of the Ombudsman