Summary: Ms X complains the Council was delayed in issuing its decision letter regarding her application for homelessness. We have concluded our investigation having made a finding of fault by the Council. The Council was delayed in issuing its decision to Ms X. Ms X had the Council’s decision overturned and was successfully placed into permanent accommodation shortly after. As a result of the Council’s delays, Ms X remained in temporary accommodation that was not suitable for her. The Council has agreed to the recommendation we proposed.

The complaint

1. Ms X complains the Council was delayed in issuing its decision letter regarding her application for homelessness. Ms X also says the Council failed to inform her about its Mental Health Assisted Decoration Scheme and she has subsequently incurred redecoration costs as a result. Ms X also says she has been unable to redeem a redecoration voucher provided to her by the Council. Ms X would like the Council to make a financial award for time and trouble.

Back to top

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)
3. 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)
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)

Back to top

How I considered this complaint

5. I spoke with Ms X and considered the information she provided. I also raised enquiries with the Council and considered the information it provided. I considered any comments provided by the Council and Ms X in response to my draft decision.

Back to top

What I found

Relevant legislation and guidance

COVID-19

6. From March to May 2020, England was in the first of three national lockdowns. People could only leave their home for limited purposes including travelling to and from work, but only where this was absolutely necessary. In May 2020, the Government said people who could not work from home should return to the workplace. In September 2020, the Government announced new restrictions including working from home. A second national lockdown came into force from November to December 2020. The third national lockdown was in place from January to March 2021.

Homelessness

7. If a council has 'reason to believe' someone may be homeless or threatened with homelessness, it must take a homelessness application and make inquiries. The threshold for taking an application is low. The person does not have to complete a specific form or approach a particular council department. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
8. 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)
9. Homeless applicants may request a review within 21 days of the Council giving notice to bring the prevention duty to an end.

Mental Health Assisted Decoration Scheme (MHAD)

10. The Camden & Islington Foundation Trust (C&IFT) and Islington Council (Housing & Adult Social Services) operate an Assisted Decoration Scheme (ADS) for mental health service users of the Trust who are moving into Council properties managed by the Housing Service. The aim of the scheme is to assist service users moving into properties, when re-decoration is required and they are unable to complete the re-decoration of the property themselves

What happened

11. I have included some of the key events that took place. This is not intended to be a comprehensive account of everything that took place.
12. Toward the end of 2020, Ms X made an initial housing enquiry to the Council, alerting it that she had been made homeless after her relationship with her family had deteriorated and become abusive.
13. Ms X informed the Council that she had approached another Council for assistance and so it sent a prior approach letter to the other Council advising it that the primary duty to provide Section 188 duty accommodation lies with it. The other Council later confirmed that Ms X had withdrawn her application with it.
14. The Council contacted Ms X in December 2020 to book a homeless application interview. Ms X informed the Council that she would be homeless the following day. The Council responded to inform Ms X her homeless application interview would be four days later.
15. Later in December 2020, Ms X advised the Council she had nowhere to stay. The Council advised Ms X to contact the Housing Advice Team or SHP (Single Homeless Prevention).
16. The Council later completed its Assessment and Personalised Housing Plan in December 2020, acknowledging its duty under S.189B(2) to take reasonable steps to help Ms X secure suitable accommodation. The Council also submitted a request for temporary accommodation.
17. In December 2020, the Council were informed by the hostel that Ms X was staying that she was due to check out the next day in December 2020. On the day Ms X checked out of her hostel, she was offered temporary accommodation.
18. In January 2021, Ms X wrote to the Council requesting its decision regarding her homelessness application, and to be housed permanently on health grounds.
19. Ms X contacted the Council in March 2021 to inform it that she had still not heard back regarding her homelessness application. Ms X informed the Council that since it had last spoken with her, her mental health had worsened and that she was finding it difficult to remain in the temporary accommodation given the proximity to her family.
20. The Council contacted Ms X later in March 2021 to inform her she would receive a decision letter regarding her homelessness application before the month end and that it was currently working through a backlog of applications. The Council also informed Ms X it would make a referral to the appropriate team regarding her concerns about the temporary accommodation she was staying in.
21. Later in March 2021, the Council made a request for Ms X's medical information which it received two days later.
22. In April 2010, Ms X wrote to the Council to inform it she was unhappy that she had still yet to receive a decision regarding her homelessness application. The Council advised Ms X she would receive a decision within 7 days.
23. 7 days later, the Council issued its decision letter to Ms X, informing her that it did not consider she was in priority need for housing. The Council gave Ms X her appeal rights.
24. Later in April 2021, the Council were contacted by an agency who were supporting Ms X regarding her living situation in the temporary accommodation. The Council concluded it should move Ms X into alternative temporary accommodation given the unsuitability of her current accommodation.
25. One day later, the Council contacted Ms X to inform her she was being transferred to new temporary accommodation. The following day, Ms X informed the Council that the new accommodation was not suitable.
26. Later in April 2021, Ms X submitted her review letter regarding the Council's homelessness application decision.
27. In May 2021, the Council received a housing support letter from the agency supporting Ms X.
28. Later in May 2021, the Council requested additional medical information from Ms X's GP Surgery.
29. At the beginning of June 2021, Ms X provided the Council with additional medical information.
30. In June 2021, the Council contacted Ms X to discuss a new temporary accommodation. Ms X advised the Council that it was not suitable.
31. Later in June 2021, the Council received the medical information it requested from Ms X's GP Surgery.
32. The following day, following the Council's review, it overturned its original decision, deeming Ms X to be in priority need of housing. The Council wrote to Ms X to notify her its relief duty had come to an end. At the beginning of July 2021, the Council sent Ms X a decision letter advising her it had accepted her case as a priority need.
33. In July 2021, the Council made a supported choice offer to Ms X. Later in July 2021, the Council confirmed it had cancelled Ms X's temporary accommodation following her move into permanent accommodation.
34. Ms X says when she moved into her new permanent accommodation, she was not made aware of the Council's MHAD scheme. Ms X says that as a result of this, she incurred costs to redecorate her property that would have otherwise been covered under the scheme. The Council issued Ms X with a redecoration pack voucher; however Ms X says she has been unable to redeem the voucher.

Analysis

Were there delays in the time it took the Council to process Ms X’s homelessness application?

35. Ms X initially approached the Council in December 2020 regarding her application for homelessness. The Council did not make a decision until early April 2021. During this period, Ms X contacted the Council on several occasions chasing an update. In March 2021, the Council informed Ms X it would issue its decision before the end of the month which it did not do. Ms X had to chase the Council again at the beginning of April 2021 by where it informed her it would issue its decision within 7 days.
36. The Council acknowledges that there was a two month delay in the time taken to reach a decision. The Council says the delay was a result of a backlog of homelessness decision that developed over the height of the COVID-19 pandemic, and the corresponding increase in homelessness and its impact on the Council in terms of resource. The Council says it has since worked through the backlog; it is good to see the Council has been proactive in attending to its backlog and that consideration of applications are no longer delayed.
37. Whilst I acknowledge that regular service had been impacted by COVID-19, this does not absolve the Council of the delays incurred in this complaint and I have made a finding of fault. The Council's communication with Ms X fell below standard administrative practice when it did not respond to her chasing an update after its decision should have been issued. Further, the Council proposed it would have reached a decision by the end of March and did not adhere to its own proposed deadline.

Did delays in reaching a decision cause an injustice to Ms X?

38. Whilst Ms X awaited the Council's decision, she remained in temporary accommodation. Ms X had informed the Council it was unsuitable due to its proximity to family. I acknowledge that the Council attempted to move Ms X on several occasions, but the options it presented Ms X with were not suitable either.
39. Once the Council issued its decision in early April 2021, it determined that Ms X was not in priority need of housing. Ms X appealed the Council's decision later in April 2021 and had it overturned by where she was deemed to be in priority need of housing. The Council successfully placed Ms X into permanent housing in the month of July. Had the Council issued its decision when it should have, it is likely that Ms X would have been placed into housing two months earlier and alleviated from the issues and dangers that she found herself in in her temporary accommodation.

Could the Council have found Ms X alternative temporary accommodation sooner?

40. Ms X informed the Council in early March 2021 that the temporary accommodation she was living in was not suitable. The Council said it would make a referral to the appropriate team later in March 2021 but I cannot see that anything came from this. From the evidence available to me, it would appear the Council did not take substantive action on the matter until April 2021 when it received a letter from an agency that was supporting Ms X. It is not clear why the Council did not act on concerns raised by Ms X in March but instead only took action once it received a letter from the agency supporting Ms X.
41. When the Council did propose alternative temporary accommodation to Ms X, Ms X informed the Council it was not suitable on at least two occasions. I therefore conclude that had the Council acted on the information it had sooner, it is unlikely to have made a difference to Ms X's living situation. In any event, the Council should be minded to act on information it has at the earliest opportunity to ensure the best possible outcome where it has a duty to help.

Back to top

Agreed action

42. To resolve the matter, the Council has agreed to:
1. Award Ms X an amount of £500. I have reached my view on the appropriate financial remedy having taken account of the Ombudsman published guidance on remedies. This suggests applying a tariff of between £150 and £350 for each month where a complainant remains in unsuitable accommodation longer because of Council fault. Given the circumstances surrounding Ms X's homelessness as set out in paragraph 12 and 19, I consider it fair to apply the mid-point of the tariff.
43. The Council will complete action a within one month of the final decision statement.

Back to top

Final decision

44. I have concluded my investigation having made a finding of fault by the Council. The Council were delayed in issuing its decision to Ms X. Ms X had the Council's decision overturned and was successfully placed into permanent accommodation shortly after. As a result of the Council's delays, Ms X remained in temporary accommodation that was not suitable for her for longer than she should have. The Council has agreed to the recommendation I proposed.

Back to top

Parts of the complaint that I did not investigate

Decoration pack voucher

45. Ms X also complained about being unable to redeem a decorating voucher provided to her by the Council. This scheme is administered by the Housing Service and it is only available to Council tenants at the start of a new tenancy.
46. The law says we cannot investigate a complaint which concerns the Council carrying out housing management functions and acting as a landlord and I therefore have no power to investigate the complaint.

MHAD Scheme

47. Ms X also complained the Council did not inform her about its MHAD scheme, and she subsequently incurred costs to redecorate her property that would have otherwise been covered by the scheme. This scheme is administered by the Housing Service and it is only available to nominated Council tenants who have mental health issues.
48. The law says we cannot investigate a complaint which concerns the Council carrying out housing management functions and acting as a landlord and I therefore have no power to investigate the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman