Summary: Mr X complains the Council has not considered his housing situation properly. The Council is at fault because it did not review Mr X’s personal housing plan (PHP) when it said it would do and did not undertake a review of a decision. Mr X suffered distress and uncertainty about whether he could have received more help to avoid homelessness. The Council should apologise to Mr X, pay him £200, complete a review of its decision and issue guidance to staff.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council did not deal with his housing properly because it:
• Did not take account of his disabilities;
• Did not provide details of interim accommodation in October 2021;
• Closed his housing application and ended its relief duty in December 2021 when he was still homeless.
• Did not consider a request for review regarding ending its relief duty in December 2021;
2. Mr X says he was left homeless, facing court proceedings and suffered distress.

Back to top

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. 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. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.
6. 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

7. I spoke to Mr X about his complaint and considered documents he provided. I made enquiries of the Council and considered its response and the supporting documents it provided.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Law, guidance and policies

9. 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.
10. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

Assessments and Personal Housing Plans

11. 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)
12. Assessments and personalised housing plans must be kept under review throughout the prevention and relief stages, and any amendments notified to the applicant. Housing authorities will wish to establish timescales for reviewing plans, and these are likely to vary according to individual needs and circumstances. Some applicants will need more intensive housing authority involvement to achieve a successful outcome than others, and the timescales for regular contact and reviews should reflect this. Personalised housing plans agreed during the prevention stage will need to be reviewed if an applicant subsequently becomes homelessness, enabling housing authorities and applicants to focus on steps required to help secure accommodation. (Homelessness Code of Guidance paragraphs 11.32)

The prevention duty

13. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants 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)

The relief duty

14. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main homelessness duty

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)

Review rights – post 3 April 2018

16. Homeless applicants may request a review within 21 days of being notified of the following decisions:
• 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;
• 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.

Duty to arrange interim or temporary accommodation

17. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
18. If a council is satisfied an applicant is unintentionally 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 housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
19. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
20. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household.  This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Suitability of accommodation

21. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their 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)
22. 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, from 3 April 2018 Homelessness Code of Guidance 18.32 and 18.33)

What happened?

23. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
24. Mr X and his partner lived in rented accommodation. The landlord wished to sell the property but was unable to due to COVID-19.
25. Mr X approached the Council in April 2021. The Council assessed Mr X and his partners housing needs and determined it owed him a homelessness prevention duty.
26. Mr X’s landlord again indicated they wished to sell the property, after COVID-19 restrictions were lifted.
27. Mr X informed the Council. The Council said it owed him a duty to secure accommodation. It offered him interim accommodation and permanent accommodation. Mr X did not take up either offer.
28. Mr X complained to the Council.
29. Mr X found a private rented property. Mr X said he could not move into the property because repairs had not been completed. The Council ended its duty to secure accommodation because it said Mr X and his partner had suitable accommodation available.
30. The Council did not uphold Mr X’s complaint, either about the accommodation offered or the ending of its duty to secure accommodation.

Analysis

31. The Council has provided copies of Mr X’s personal housing plan (PHP) dated May 2021 and October 2021. Both these documents contain review dates.
32. I have seen screenshots from early October 2021 showing Mr X was aware of his personal housing plan and was able to access this electronically.
33. The Council sent an email to Mr X on 12 October in which it confirmed the actions it had taken to help prevent him becoming homeless. The Council stated these had all been completed by early May. This shows that no further support had been provided between early May and September, when emails show Mr X discussed his situation with a housing officer, otherwise it would have been included in that email.
34. There is no evidence showing that Mr X’s PHP was reviewed or updated between May and October, or that any further actions were considered. This is fault by the Council. Mr X remains uncertain whether further actions by himself or the Council could have been identified and consequently whether this would have made any impact on his housing situation.

Mr X’s disabilities

35. I have seen documents which show Mr X and his partner’s medical circumstances were considered by the Council, including:
• Medical summaries from their doctors;
• Reports from their occupational therapists (OT);
• A capability form completed by Mr X; and
• Emails and other medical information from Mr X and his partner.
36. The Council ‘s medical assessment considered Mr X and his partner’s circumstances. They were assessed as needing a one-bedroom property, but the Council changed this to a two-bedroom property after receiving the OT reports.
37. The medical assessment referred in detail to Mr X and his partner’s circumstances.
38. The Council says it usually relies on bed and breakfast accommodation when providing interim accommodation to housing applicants. The Council says it prioritised Mr X and his partner for the next available self-contained accommodation that met their needs.
39. I have seen a letter which shows the Council did offer Mr X interim accommodation in October which was a flat and not bed and breakfast accommodation. The letter offering this accommodation specifically refers to Mr X and his partner’s OT report and health.
40. I have seen the letter which shows the Council nominated Mr X for a two-bedroom flat. The letter states it was within his area of choice and reasonable due to its size. Mr X asked for a review of the suitability of this offer. The Council’s review decision specifically refers to Mr X’s medical information having been considered.
41. The Council took account of Mr X and his partner’s disabilities and health circumstances. There is no evidence that it failed to take account of information. Mr X is unhappy with the offers of accommodation that he was given but the Council followed the correct process. This is not fault by the Council.

Interim accommodation

42. As stated in paragraph 28 above, the Council offered Mr X and his partner temporary accommodation. I have seen the offer letter which clearly identified the address of the properly offered. This is not fault by the Council.

End of relief duty decision

43. Mr X told the Council he had secured private rented accommodation.
44. Mr X told the Council that he had been unable to move in the day after the tenancy was supposed to start.
45. I have seen emails showing the Council corresponded with the letting agent for Mr X’s private rental property confirming that all urgent repairs were completed and that Mr X had discussed ending the tenancy as all the cosmetic repairs were not completed straight away.
46. The Council ended its relief duty to Mr X because it believed he had accommodation that was reasonable for him to occupy. Mr X is unhappy with the outcome of the decision but the Council followed the correct process. This is not fault by the Council.

Review of end of relief duty decision

47. Mr X says the Council has not reviewed its decision to end the relief duty in December 2021.
48. The Council says Mr X did not request a review or provide any information to suggest the property where it says he held a tenancy was of disrepair that would make it unreasonable to occupy the property.
49. The Council wrote to Mrs X saying its relief duty had ended because he had suitable accommodation available.
50. I have seen an email from Mr X to the Council in response stating that, “..I have photo and video evidence that none of the repairs have been made aside from an uncertified boiler install.” Mr X said there was no tenancy therefore in place and the Council’s decision to end its duty was still in place.
51. Mr X’s email contained a clear dispute of the reasoning that the Council had provided for ending its relief duty. The Council should therefore have treated Mr X’s email as a request for a review, even though Mr X did not specifically ask for that using specific language. This is fault by the Council. Mr X missed the opportunity for Council to review its decision.

Back to top

Agreed action

52. To remedy the outstanding injustice caused by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
• Apologise to Mr X for not reviewing his personal housing plan and not completing a review of its decision to end its duty to secure accommodation;
• Pay Mr X £200 for avoidable distress and uncertainty;
• The Council should complete a review of the decision to end its duty to secure accommodation for Mr X; and
• Provide guidance to staff to ensure PHP’s are reviewed at the proper time, documented properly and updates provided to applicants where appropriate.

Back to top

Final decision

53. I have found fault by the Council, which caused injustice to Mr X. I have now completed my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman