Summary: Mr X complains about the way the Council dealt with his homelessness application, housing application and need to move from his current accommodation causing distress. We have found no evidence of fault in the way the Council considered these matters. So have completed our investigation.

The complaint

1. I have called the complainant Mr X. He complains there are failings in the way the Council has dealt with his homelessness application, housing application and need to move from his current accommodation. Mr X says his current accommodation is unsuitable causing him distress and impacting onto his mental health.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

4. I have read the papers submitted by Mr X and spoken to him about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided.
5. Mr X 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

Summary of the relevant law and guidance

Homelessness

6. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
7. 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))
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. If councils are satisfied applicants are homeless and eligible for assistance, they must take reasonable steps to secure accommodation. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)
10. If, at the end of the relief duty, 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. This is called the main duty. (Housing Act 1996, section 193)
11. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.32 and 18.33)
12. Homeless applicants may request a review within 21 days of being notified of the following decisions:
• their eligibility for assistance
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness
• the steps they are to take in their personalised housing plan at the prevention duty stage
• giving notice to bring the prevention duty to an end
• the steps they are to take in their personalised housing plan at the relief duty stage
• giving notice to bring the relief duty to an end
• giving notice in cases of deliberate and unreasonable refusal to co-operate
• to notify their case to another authority when the Council considers the conditions for referral are met
• whether the conditions are met for the referral of their case to another housing authority
• the conditions for referral to another authority are not met so the notifying housing authority owes the main housing duty
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Housing Allocations

13. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
14. Councils must notify applicants in writing of the following decisions and give reasons:
• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.
15. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))

The Council’s Allocations policy

16. The Council’s Allocation policy list out reasons (a to f) why a person may not be eligible for entry onto the Housing register for the allocation of social housing. Reason f includes ‘Households that have not been resident in the borough for the last five years’.
17. The Council’s policy allows it to exercise its discretion in exceptional circumstances to allow someone to join the register. Such cases are referred to the Social Welfare Panel (Panel) to agree.

Background to the complaint

18. Mr X moved into his current accommodation in October 2019. It is a privately rented house of multiple occupation. Mr X has mental and physical health conditions.

Key Events from 2021

19. Mr X approached the Council for assistance in March 2021 as he had been served with a S 21 notice in October 2020 to leave his accommodation by his landlord. Mr X met with a housing solutions officer who gave him advice on finding an alternative accommodation. This included offering help through various measures and by providing where possible a rent deposit. The officer told Mr X the courts were postponing evictions due to the Covid-19 pandemic until 31 May 2021. So, he was not classed as threatened with homelessness within 56 days. The Council confirmed the decision to Mr X in writing, gave advice and ended its prevention duty.
20. Mr X received a further eviction notice in July 2021 and contacted the Council. Mr X told the Council he wished to be housed in a different London borough I will refer to as Borough B as he had lived there previously. He advised Borough B had reinstated his housing register application. But advised he was not eligible to join that register due to not living in the borough for five years. So, Mr X asked the Council for assistance with his housing.
21. The Council accepted a prevention duty towards Mr X to ensure it took reasonable steps to help him secure accommodation. The Council told him of the decision in August 2021 and his right to request a review. The Council completed a full personal housing plan for Mr X. A housing officer kept in contact with Mr X about private rented sector housing options (PRS housing). The officer advised Mr X of PRS studios available for single people. But Mr X declined to view the properties saying he wanted social housing which he considered as more stable accommodation to help with his mental health.
22. Mr X applied to join the Council’s housing register In October 2021. The Council considered and refused Mr X’s application. It told Mr X he was not eligible to join the register as he had not lived in the borough for five years as required by the allocations policy. The Council removed the application and advised Mr X of his right to request a review of the decision.
23. The Council requested a medical assessment from its medical adviser as it received a mental health overview report on Mr X. The medical adviser carried out an assessment of Mr X’s health conditions in November 2021. The adviser noted Mr X’s mental health issues but did not award any priority. Mr X asked for a review of the decision he was not eligible for the housing register. Mr X provided supporting information about his need for social housing to help his mental health and difficulties at his current property because of issues with his landlord and neighbours. The Council advised Mr X of PRS properties it could refer him for, but Mr X refused to attend viewings.
24. The Council told Mr X in February 2022 it had ended its prevention duty towards him. This was because it considered it had taken reasonable steps to prevent his homelessness since August 2021 and 56 days had ended. The Council noted Mr X refused to view PRS properties which were his realistic option for accommodation. The Council advised Mr X of his right to request a review of the decision.
25. Mr X spoke to a housing officer in February 2022 about his situation and distress it was causing. The officer advised Mr X to contact his doctor for support.
26. The Council issued its review decision on Mr X’s request to join the housing register in March 2022. It set out the information considered including relevant legislation, the Council’s allocation policy, and information from Mr X. The review upheld the original decision that Mr X was not eligible to be included on the housing register. The Council explained it had not referred his case to the Panel to decide if there were exceptional circumstances. This was because Mr X had no medical priority so no exceptional circumstances to warrant the referral.
27. Mr X approached the Council again for homelessness assistance in April 2022 as he was due to be evicted. The Council reopened his case and Mr X asked to be referred to Borough B. The Council sent the referral to Borough B. But Mr X withdrew the application soon afterwards as he preferred to pursue an application directly with Borough B.
28. The Council says it will reopen Mr X’s application should he wish to do so. But currently Mr X does not meet the criteria for inclusion on its housing register according to its allocations policy.

My assessment

29. We may not find fault with a council’s assessment of a housing application and applicant’s priority if it has carried this out in line with its published allocations scheme. I do not consider there has been fault by the Council in this case. This is because the evidence shows the Council considered Mr X’s application according to its allocations policy. It advised Mr X he was not eligible to join the housing register because he had not been resident in the Council’s area for five years. The Council explained its decision and considered Mr X’s review request with his supporting documents. The review upheld the original decision he was not eligible.
30. The evidence also shows the Council responded to Mr X’s contact about his housing situation and request for assistance. The Council considered its homeless duties and accepted a prevention duty towards Mr X. The Council offered Mr X advice and to refer him for PRS accommodation. However, Mr X decide not to accept the referrals and view the properties.
31. The Council then ended its prevention duty after 56 days according to homelessness legislation. On each occasion Mr X approached the Council it told him of its actions, duties, and his right to request a review of its decisions. There is no evidence of fault by the Council in the way it has responded to Mr X’s request for assistance with his housing situation and potential homelessness.

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Final decision

32. I am completing my investigation. There is no evidence of fault in the way the Council has dealt with and responded to Mr X’s request for assistance with his housing situation.

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Investigator's decision on behalf of the Ombudsman