Summary: Mr C complained about how the Council dealt with his housing needs as a sufferer from a severe medical condition. He says it placed him in unsuitable temporary accommodation, delayed awarding him high priority on the housing register and delayed offering him suitable housing. We find the Council was at fault as it delayed offering Mr C suitable housing. The Council has agreed to our recommendations to address the injustice caused to Mr C.

The complaint

1. Mr C complained about how the Council dealt with this housing needs as a sufferer from a severe medical condition. He says it placed him in unsuitable temporary accommodation, delayed awarding him high priority on the housing register and delayed offering him suitable housing.
2. Mr C says the Council’s actions have caused him severe distress and upset.

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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 an organisation’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 considered information from Mr C. I made written enquiries of the Council and considered information it sent in response.
6. Mr C 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

Homelessness

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities sets out councils’ powers and duties to people who are homeless or threatened with homelessness.
8. Councils must take reasonable steps to secure accommodation for any eligible homeless person. This is the relief duty. When a council decides this duty has come to an end (usually after 56 days), it must notify the applicant in writing. (Housing Act 1996, section 189B)
9. If homelessness is not successfully prevented or relieved, a council will owe the main housing duty to applicants who are eligible, have a priority need for accommodation and are not homeless intentionally. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
10. 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 Homelessness Code of Guidance 17.2)
11. As the duty to provide suitable accommodation is a continuing obligation, councils must keep the issue of suitability of accommodation under review. If there is a change of circumstances the council must reconsider whether the accommodation remains suitable.

The Council’s housing allocations policy

12. The Council runs a choice based letting scheme. This means households may bid for properties they feel are suitable for their needs. The Council will offer the property to the bidder with the highest priority points first.
13. Applicants who are homeless, living in overcrowded housing or need to move on medical or welfare grounds will be placed in Band C.
14. Applicants who have urgent housing needs, which includes urgent medical or welfare needs will be placed in Band A.

What happened

15. Mr C suffers from a severe medical condition. He contacted the Council in August 2020 and submitted an online housing assistance referral for homelessness.
16. The Council contacted Mr C and sent him a housing assessment form so it could gather information about his situation. It also asked a homeless charity to help him complete the forms. Mr C did not provide the requested information, so the Council closed the case.
17. The Council received a second homelessness referral from Mr C’s social worker in November. It emailed Mr C and said he would need to complete the housing assessment form. It also asked Mr C’s social worker for help in getting the information.
18. The Council spoke to Mr C and gathered information about his situation. He explained he was living in poor conditions, without any hot water and poor sanitation. The Council said it could offer him emergency accommodation. Mr C declined as he could not take his dog with him. He also said he did not see temporary accommodation as an option.
19. Mr C’s social worker contacted the Council and said she was concerned about his living conditions. The Council responded and said it would be best for Mr C to apply to join the housing register and provide supporting documentation about his case. This included an assessment form, to be completed by his social worker.
20. Mr C applied to join the housing register in January 2021. The Council emailed him and said it needed supporting information.
21. The Council offered Mr C temporary accommodation at the end of January. Mr C accepted it and moved in a few days later.
22. The Council wrote to Mr C in February. It said it would place him in Band C until it had received supporting medical information and the assessment form from his social worker.
23. Mr C contacted the Council the following month. He said he was unhappy it had put him in Band C. He also said the temporary accommodation was unsuitable for his medical needs. He said the bathroom was unsuitable and he needed a wet room. He also said he was struggling to use the stairs to enter and exit the property. The Council said it would contact his social worker for more information.
24. Mr C’s social worker said she was completing the assessment form. She also said she was aware Mr C was having difficulties with the stairs.
25. The Council contacted Mr C and asked him to have an occupational therapy (OT) assessment. It said it would then have supporting information to assess his banding on the housing register. Mr C declined the assessment as he was concerned the therapist would make him perform activities that would cause his shoulder to become dislocated.
26. Mr C completed a medical form and sent it to the Council in April. The Council received the signed assessment form in June.
27. The Council reviewed both documents and increased Mr C’s priority to Band A because of his medical needs.
28. The Council attended a multi-agency meeting with Mr C’s social worker and other professionals. Concerns were raised about the suitability of Mr C’s temporary accommodation. The Council said Mr C needed to have a full OT assessment and then it would assess the suitability of the accommodation.
29. The Council received the OT assessment in October. The therapist stated the accommodation was not suitable for Mr C because of his mobility issues. She said he needed level access accommodation, with accessible kitchen facilities and a level access shower.
30. The Council found two properties for Mr C in February 2022. The occupational therapist said one of the properties would not be suitable for him. Mr C was unhappy with this and said the property was his preferred choice.
31. The occupational therapist agreed to visit the property. She said the Council would need to make several adaptations to make it suitable for Mr C’s needs. The Council agreed to complete the adaptations.
32. The Council finished the adaptations at the end of June. Mr C started his tenancy at the beginning of July.

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Analysis

33. The Council did not delay awarding Mr C a higher priority on the housing register. It explained to Mr C and his social worker on several occasions that it needed them to complete the medical form and assessment form so it could reassess the priority banding. It did not receive the assessment form until 16 June 2021. It then promptly moved Mr C from Band C to Band A.
34. When the Council initially offered Mr C the temporary accommodation, it did not have any supporting evidence to support the type of property he needed, despite its requests.
35. However, I am satisfied the Council had enough information by June 2021 to determine the property was not suitable for Mr C. This is because it increased Mr C’s priority to Band A, which is an urgent need to move based on medical needs. It did not insist on an OT assessment, and it was satisfied the social worker’s assessment was enough.
36. The Council says it did not delay offering Mr C’s suitable housing, but the complexities of the property he needed impacted on the length of time it took to offer suitable housing. While I understand the difficulties the Council faced, it has a legal duty to provide suitable accommodation to homeless applicants. The Council’s faults caused Mr C a significant injustice as he was living in unsuitable accommodation for an extended period.
37. The Ombudsman’s guidance on remedies recommends a payment between £150 to £350 per month spent in unsuitable accommodation. I consider Mr C was in unsuitable accommodation from June 2021 to June 2022, which is 12 months. I recommended the Council pays Mr C £250 a month, a total of £3,000.

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Agreed action

38. To address the injustice caused by fault, by 30 September 2022 the Council has agreed to:

• Apologise to Mr C.
• Pay Mr C £3,000. This reflects the time he was living in unsuitable accommodation.

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Final decision

39. There was fault by the Council, which caused Mr C an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman