Summary: Miss X complained the Council delayed processing her homelessness application and providing accommodation. She also complained the Council placed her in unsuitable shared accommodation with an inappropriate tenant and delayed accepting a housing duty until after she moved to temporary accommodation. Miss X also complained the Council has not awarded her medical priority in her housing register application. Miss X says this has affected her mental health. We have found there was fault in the way the Council delayed acting on Miss X’s application and delayed moving her to suitable accommodation. Miss X suffered distress while living in an environment where she suffered domestic abuse. The Council should apologise to Miss X, make a financial payment and advise and train its staff of the Council’s duties to people who are technically homeless.

The complaint

1. Miss X complained the Council delayed processing her homelessness application and providing accommodation. She also complained the Council placed her in unsuitable shared accommodation with an inappropriate tenant and delayed accepting a housing duty until after she moved to temporary accommodation. Miss X also complained the Council has not awarded her medical priority in her housing register application. Miss X says this has affected her 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 a Council’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 read Miss X’s complaint and spoke to her about it on the phone.
5. I considered information provided by Miss X and the Council.
6. Miss X and the Council had an opportunity to comment on the draft decision. Their comments were considered before I made this final decision.

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What I found

Background information

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. 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)

9. 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)
10. A Council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
11. The interim accommodation duty requires housing authorities to secure that accommodation is available for an applicant if they have reason to believe that the applicant may be homeless, eligible for assistance and have a priority need. If there is evidence that would give the authority reason to believe the applicant may be homeless as a result of domestic abuse the authority should make interim accommodation available to the applicant immediately whilst they undertake their investigations. Homelessness Code of Guidance, section 21 paragraph 21.25.
12. 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)
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)
14. There are two types of accommodation Councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
15. 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)
16. 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.
17. 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)
18. 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)
19. 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;
• 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.
20. The Council deals with complaints between residents in shared accommodation by initially issuing a warning, allowing time to gather more evidence and for an individual to change their behaviour before it can take further action. The next step is a meeting between the people before it can progress to taking more significant action to remove the individual.

What happened

21. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
22. Miss X applied for housing on medical grounds in January 2022. The Council declined her request the day after the application. Miss X was unhappy with the decision and stated she did have a medical need. The Council reminded Miss X she had the right to appeal the decision as it set out in its letter. I have not seen any evidence Miss X appealed this decision.
23. Miss X contacted the Council at the start of March 2022 to chase up her application. The Council confirmed it had closed Miss X’s application. She asked the Council to consider her as a priority under the homeless policy. Miss X explained she was living in a domestic abuse situation.
24. The Council responded at the end of April 2022 and Miss X completed the Council’s online application form.
25. The Council attempted to contact Miss X in mid-May 2022 and completed an initial assessment on the phone a week later.
26. The Council interviewed Miss X in mid-June 2022. The Council completed an assessment and explained Miss X needed to provide evidence of her right to remain in the UK. The notes of the interview confirmed Miss X was fleeing domestic violence and confirmed she was in priority need due to this abuse.
27. Miss X provided proof of her settled status in mid-August 2022. The Council accepted the evidence and Miss X moved to temporary accommodation at the end of August 2022. The Council accepted its relief duty and issued Miss X’s personal housing plan.
28. Miss X complained to the Council in November 2022. She complained about how the Council delayed supporting her and she was living in an abusive situation with another tenant, Ms B, in the property.
29. The Council responded at the end of November 2022. It accepted a 20 week administrative delay and Miss X’s phone calls were not returned in a timely manner. The Council offered Miss X £200 for the delays.
30. Miss X requested the Council escalate her complaint to stage two. She said £200 did not solve her issues and it did not resolve the antisocial tenant.
31. Miss X did not hear back from the Council, so she contacted her local councillors, who contacted the Council. The Council then issued the notification letters to end the relief duty and accepted Miss X under its housing duty.
32. Miss X continued to raise issues about Ms B. The Council contacted the housing provider who put up notices about the rules in the property. Miss X and Ms B were involved in different incidents and the police were called. One incident led to both of them being arrested.
33. The Council responded to Miss X’s stage two complaint in January 2023. The Council repeated its response at stage one. It continued to explain the process of dealing with any issues with Ms B. It explained it had discussed with the housing provider and Ms B had been issued with a warning. It explained she would be given time to change her behaviour before it would take any further action. The Council assured Miss X it was monitoring the situation.
34. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to acknowledge her medical priority, relocate her and accept responsibility for the issues she has faced.
35. In response to my enquiries the Council acknowledged the delays dealing with Miss X’s application. The Council continued Miss X’s accommodation was suitable. It said it assessed Miss X and she was not entitled to medical priority, but she was given a homeless priority. The Council said it had taken steps to deal with the situation with Ms B, but Miss X declined to engage with the process and Miss X was the only person who complained.
36. The Council informed the Ombudsman, Miss X had moved to new accommodation during this investigation.

My findings

Priority

37. The Council has considered all the information Miss X provided to support her application in January 2022. It assessed this information in line with its policy and concluded Miss X did not have a medical priority to be placed on the housing register. The Council then informed Miss X of its decision and offered her the right to appeal the decision. The Council has followed the policy and made its decision. The Council was not at fault in the way it made the decision, so I cannot question that decision.
38. Miss X informed the Council in March 2022 when she applied for homelessness, she was fleeing domestic violence. Chapter 21 of the Homelessness Code of Guidance, paragraph 25 clearly sets out the Council’s duty to provide accommodation immediately if they believe that someone is homeless because of domestic abuse. The Council has not provided this accommodation. This is fault and Miss X lived in a domestic abuse situation for six months.

Accommodation

39. Miss X has not complained about the temporary accommodation. The issue is with another tenant placed in the same property. The Council said it was only Miss X who complained, and she stopped engaging in the process it was following to try to resolve the issues between the tenants.
40. I have seen evidence the housing provider received other complaints about Ms B. However, the Council did take action and the housing provider issued a warning to Ms B. Miss X then stopped engaging with the process to try and resolve the issue with Ms B. The Council took appropriate action when it was informed of the issue. There was no fault in the Council’s actions.

Delays

41. The Council has accepted some delays in this case and offered a remedy for these delays. I have seen evidence Miss X requested a move under the homelessness legislation at the start of March 2022. The Council did not act on this request until the end of April 2022. The Council then took three weeks to contact Miss X to discuss the application. Four weeks later the Council interviewed Miss X and accepted her application, based on evidence of her right to remain in the Country. This is four months of delays. Miss X was living in accommodation where she faced domestic violence the Council was aware of. This delay is fault and Miss X suffered distress for four months.
42. The Council explained it had 56 days to prevent someone from becoming homeless. The law sets out the Council must act if someone is going to become homeless in 56 days. This does not give the Council this long to prevent homelessness.
43. From mid-June 2022 until mid-August 2022, the Council was waiting for documentation evidence from Miss X. It would have been reasonable for the Council to be more proactive in chasing up the documentation, given it knew Miss X’s circumstances. The Council could have rejected the application with an option to reopen when Miss X did provide the evidence, or it could have chased Miss X for the evidence. This is a further two months delay. This is fault but it is accepted this is not entirely the fault of the Council.
44. The Council had a duty to provide Miss X with accommodation as soon as it had reason to believe she may become homeless, eligible and in priority need. There is no evidence the Council considered this in March 2022. This is fault. The Council delayed completing the assessment of Miss X’s needs. It also said there was further delay as Miss X did not provide documentation, specifically her right to remain information. The threshold for providing accommodation is low as Miss X was classed as homeless. Miss X told the Council she was suffering domestic abuse at home. This should have been enough to trigger the Council’s duty to provide accommodation. Not providing Miss X with accommodation between March and August 2022 is fault and Miss X suffered distress for six months.
45. The Council issued all the letters it is required to, and they set out Miss X’s rights. However, these letters were often late. Miss X had to contact her local councillor to prompt the Council to issue the letter to inform Miss X it had accepted its housing duty. This delay is fault, but I have not seen evidence Miss X experienced any injustice because of this fault.
46. The Council offered Miss X £200 as a remedy for the delays in this case. I have considered if this amount is sufficient. Miss X was left in accommodation where she was subject to domestic abuse due to the Council’s delay for six months. I set out my recommendations below.

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Agreed action

47. To remedy the outstanding injustice caused to Mr X and Y by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
• Apologise to Miss X for delaying her homelessness application and delaying her moving to new accommodation.
• Pay Miss X £200 as an acknowledgement of the distress she has suffered pursuing this matter.
• Pay Miss X £1200 for delaying moving her from a domestic abuse environment for six months.
• Pay Miss X £500 to acknowledge the risk of harm she was in due to the Council’s fault.
• Share a copy of this decision with relevant staff to identify learning from this case.
• Remind staff of the need to complete assessments in a timely manner.
• Issue guidance to relevant staff the Council’s duty about homelessness. A person is technically homeless if they are going to become homeless within 56 days and this is not a timescale to act on an application.
48. The Council should take the following action within three months of my final decision:
• Provide training and guidance to relevant staff of the Council’s duties and responsibilities to homeless people. Section 21 of the Homelessness Code of Guidance states the duty is to provide accommodation “immediately” if the Council has reason to believe the applicant may be homeless as a result of domestic abuse. This should form the foundation of the training.
49. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

50. I have ended my investigation. have found fault by the Council, which caused injustice to Miss X.

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Investigator's decision on behalf of the Ombudsman