Summary: Mr X complained the Council delayed in taking action when he requested help to prevent homelessness. This has had a significant impact on his mental and physical health. We find fault by the Council. To address the injustice caused by fault, the Council has agreed to apologise, make a symbolic payment and remind staff of the relevant guidance.

The complaint

1. The complainant, Mr X, complains the Council delayed in taking action when he requested help to prevent homelessness. Mr X said this had a significant impact on his mental and physical health.

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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 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)
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 spoke with Mr X about his complaint and considered the information provided by him and the Council.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making my 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 set out councils’ powers and duties to people who are homeless or threatened with homelessness.
8. When a person applies to a council for accommodation and it has reason to believe they may be homeless or threatened with homelessness, a number of duties arise, including:

• to make enquiries;
• to secure suitable accommodation for certain applicants pending the outcome of the enquiries;
• to notify the applicant of the decision in writing and the right to request a review of the decision.

9. There are no statutory time limits for completing enquiries, however the Homelessness Code of Guidance, issued by the Government in 2006, recommends councils aim to complete their enquiries within 33 working days.
10. 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)]

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)

Prevention duty

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

Relief duty

13. 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)

Suitability of accommodation

14. 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)
15. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:

• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household;
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

16. The homelessness (suitability of accommodation (England) order 2012 says: in determining whether accommodation is suitable for a person, the Council must take into account the location of the accommodation, including: the proximity and accessibility of the accommodation to medical facilities and other support which—

• are currently used by or provided to the person or members of the person’s household; and
• are essential to the well-being of the person or members of the person’s household; and
• the proximity and accessibility of the accommodation to local services, amenities and transport.

17. The homelessness (Suitability of Accommodation) Order 1996 says in determining whether accommodation is suitable for a person it should be taken into account whether or not the accommodation is affordable for that person.

Review rights

18. Homeless applicants may request a review within 21 days of being notified of a decision about the suitability of accommodation offered to the applicant after a homelessness duty has been accepted. Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer. Applicants can then request an appeal on a point of law to the County Court.

What did happen?

19. This section sets out the key events in this case and is not intended to be a detailed chronology.
20. Mr X made a homelessness application on 4 August 2022. This was because he had been given notice his tenancy would end on 3 October 2022.
21. He complained to the Council on 8 August 2022 and said he had been repeatedly calling the Council’s homelessness prevention line which was unavailable. He requested a response.
22. Mr X’s case was allocated to an officer on 24 August 2022. The Council called Mr X the following day. Mr X said he had been told to vacate the property as it needed to be refurbished. He said he had a heart condition and wished to remain at the property as he was due to have surgery. The Council advised it would contact Mr X to discuss housing options after the officer had returned from annual leave.
23. In the same month, the Council asked Mr X to complete a medical form.
24. The Council responded to Mr X’s complaint the following month. It apologised and said there had been an increase in online applications in August which had caused a backlog. It asked for Mr X’s case to be expedited and assistance provided urgently.
25. The Council emailed Mr X on 15 September 2022. It said as he was part of a property guardian scheme, there was little they could do to sustain his tenancy. The Council had spoken to the officer who managed Mr X’s tenancy, who said it had offered a property to Mr X and offered a free removal which he declined. The Council also spoke to officers in the planning department who said due to works taking place at the property, it would be dangerous for Mr X to remain living there.
26. Mr X asked the Council for an update on his case. He complained about his case officer who he said did not respond to his emails. He requested a new case officer which the Council agreed to. The Council apologised for the delays in contacting him.
27. The Council accepted prevention duty on 21 September 2022 and completed a personalised housing plan (PHP). It completed a referral to supported accommodation and the Council’s private rented sector team. It provided Mr X with details of home finder and details of the Council’s prevention fund scheme to help him secure an accommodation in the private sector.
28. The Council’s notes stated it submitted Mr X’s details to its medical advisor the following day.
29. The Council advised Mr X it had found a property on 23 September 2022. But Mr X said it was in an unsuitable location due to travel times as it would have taken him 90 minutes to get there from his current location.
30. The Council identified a further property for Mr X which had some remaining work to be completed and Mr X found two properties. The Council requested affordability and suitability documents from Mr X. The Council contacted the agents about this but had no response so could not progress.
31. Mr X told the Council in October 2022 his tenancy would now end on 10 November 2022.
32. The Council accepted the relief duty on 20 October 2022 and notified Mr X in writing, explaining his review rights. It said as it did not accept that Mr X was in priority need, it was not required to provide interim accommodation whilst it helped him secure accommodation. The Council completed a further PHP with Mr X.
33. The Council arranged for Mr X to view a property in November 2022. Mr X said it might not have been suitable as it was too far away from his GP and cardiologist.
34. The Council sent a decision letter to Mr X in the same month which said he had been assessed as not in priority need and the relief duty would continue until 22 December 2022. Mr X has requested a review of this decision which the Council are considering.

Analysis

35. The Council has accepted Mr X’s case was not initially dealt with in a timely manner as it had received an increase in online applications in August 2022. Mr X made his homelessness application on 4 August 2022, and his case was allocated to a case officer on 24 August 2022. The Council accepted the prevention duty on 21 September 2022. The guidance recommends councils aim to complete their enquires within 33 working days. The Council made its enquiries and came to its decision within the recommended timescale so there was no fault. But the initial lack of communication is fault and would have caused Mr X significant distress at a time he was seeking help which meant he spent unnecessary time and trouble contacting the Council to get a response.
36. Mr X told the Council he wanted to remain at his current property so he could recover there after his surgery. The Council contacted planning officers about this who said due to refurbishment works taking place in the building, it would be dangerous for Mr X to remain living there and it could not delay the work taking place. I am satisfied that the Council gathered relevant information to to establish if Mr X could remain at the property. As there was no fault in the process, I cannot criticise its decision.
37. The Council completed an assessment with Mr X between August and September 2022. The PHP completed in September 2022 detailed actions for Mr X and the Council to complete. There are no dates recorded for when these actions should have been completed. This is fault. But from the evidence seen, I am satisfied that the Council had completed its actions in September 2022, so this fault did not cause an injustice to Mr X.
38. Between September and November 2022, the Council identified three properties for Mr X. But one property had some remaining work to be completed. Mr X said the other two properties were unsuitable due to the location. He said it was too far away from his GP/cardiologist. The homelessness (suitability of accommodation (England) order 2012 says: in determining whether accommodation is suitable for a person, the Council must take into account the location of the accommodation, including: the proximity and accessibility of the accommodation to medical facilities and other support which is essential to the well-being of the person. While I understand these were the only properties available at the time, the Council has not provided us with evidence of how it satisfied itself these properties were suitable for Mr X. This is fault. While we recognise this did cause significant stress to Mr X, as he remained living at his current property throughout this time where he wants to remain, the injustice is therefore limited.
39. The Council accepted the relief duty in October 2022 and completed a PHP with Mr X which detailed actions for him and the Council. Mr X’s actions were to be completed as soon as possible and the Council’s actions were undated. This is fault. But the actions listed were the same actions listed in September’s PHP which were completed, so this fault did not cause an injustice to Mr X.
40. The Council sent Mr X a decision letter in November 2022 to say it did not consider him to be in priority need and therefore it only had a duty to offer advice and assistance. It said the relief duty would continue until 22 December 2022. It said it had sought advice from the Council’s medical advisor but said it did not consider Mr X to be a priority need. This is a decision it is entitled to make because it followed the correct procedure and told him of his right to request a review. Mr X told us he requested a review of the Council’s decision but said the Council said he had waited too long to do so. The Council has provided us with evidence it is considering Mr X’s request and the review commenced on the 22 November 2022. Events from November are outside the period covered by this investigation.
41. Mr X found two properties. The Council contacted the agent of one property, requesting it to send property documents. The Council attempted to contact the other agent but had no answer so could not progress. The Council asked Mr X to complete an affordability assessment. This is in line with the homelessness (Suitability of Accommodation) Order 1996. The Council followed the correct procedure to advise and assist Mr X, therefore there is no fault.

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Agreed action

42. To remedy the injustice caused by fault, within one month of my final decision, the Council has agreed to:

• Apologise to Mr X for the initial lack of communication.
• Pay Mr X £100 for the unnecessary time and trouble he spent contacting the Council.

43. Within two months of my final decision the Council should issue written reminders to relevant staff to ensure they are aware of:

• The Council’s duties to take into account the location of accommodation, including the proximity and accessibility of the accommodation to medical facilities.

44. The Council should provide us with evidence it has complied with the above actions.

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Final decision

45. I have completed my investigation with a finding of fault causing injustice for the reasons explained in this statement. The above agreed actions provide a suitable remedy for the injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman