Summary: The Council failed to provide evidence of compliance with recommendations previously made by the Ombudsman. The Council agreed to consider whether Miss B should be in a higher housing priority band, but it did not. This was fault. The Council failed to remedy the injustice caused to Miss B by the faults found in our first investigation. The Council will act to remedy the injustice caused by its fault.

The complaint

1. The Council failed to provide evidence of compliance with recommendations previously made by the Ombudsman. The Council failed to remedy the injustice caused to Miss B by the faults found in our first investigation.

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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. 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.
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 considered information provided by Miss B and the Council about case 22003135.
6. Miss B and the organisation had the opportunity to comment on a draft decision. I considered comments received before making my final decision.

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What I found

7. 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 eligible and homeless or threatened with homelessness.
8. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is the relief duty. The relief duty ends after 56 days. When a council decides this duty has ended, it must tell the applicant in writing. (Housing Act 1996, section 189B) The Council may end the relief duty if the applicant has suitable accommodation that has a reasonable prospect of being available for at least six months. (Housing Act 1996, section189B)
9. If a council is satisfied someone is eligible, unintentionally homeless and in priority need it will owe them the main housing duty. Generally, a council carries out the main housing duty by arranging temporary accommodation until it makes a suitable offer of social housing or private rented accommodation. (Housing Act 1996, section 193) An authority may end the main housing duty by offering the applicant a suitable assured shorthold tenancy (AST) with a private landlord. The AST must be a fixed term tenancy for at least 12 months.
10. To end the main duty with an offer of a private tenancy, a local authority must write to the applicant. This letter must contain certain information. This includes:
• the consequences of accepting or refusing the offer;
• the right to request a review of the suitability of the accommodation; and
• the effect of reapplying as homeless within two years of accepting the offer. (Housing Act 1996 section 193(5)(a), section 193(7) and section 193(7AA) and (7AB); R (on the application of SH) v Waltham Forest LBC [2019] EWHC 2618 (Admin))
11. Homeless applicants may request a review within 21 days of being notified of decisions including:
• giving notice to bring the relief duty to an end; and,
• the suitability of accommodation offered to the applicant after the authority has accepted the main housing duty (section 193).
12. 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))
13. Hillingdon has four priority bands:
• Band A - This is the highest priority band and is only awarded to households with an emergency and very severe housing need.
• Band B - This is the second highest band and is awarded to households with an urgent need to move.
• Band C - This is the third highest band and is awarded to households with an identified need to move.
• Band D - Homelessness applicants who do not satisfy the 10-year continuous Residence Rule.
14. Where the council has been unable to prevent homelessness, applicants who have ten years continuous residency will be placed in one of the following bands:
• Band A – In temporary accommodation secured by the Council but the landlord wants the property back AND the council cannot find alternative suitable temporary accommodation. Where an applicant fails to successfully bid within 6 months, a direct offer of suitable accommodation will be made. If the property is refused the council will discharge its duty under Part 7 of the Housing Act and withdraw any temporary accommodation provided.
• Band B – In Bed & Breakfast, council hostel accommodation or women’s refuge.
• Band C – In other forms of temporary accommodation or has no accommodation.

What happened

15. In January 2023, I issued a final decision for case 22003135. I found fault with the Council for its delay deciding whether it owed Miss B the main housing duty and delay reviewing her housing priority:
• The Council should have accepted the relief duty, at the latest, in March 2022. The Council delayed doing so by seven months. Without the delay, the Council should have decided whether it owed her the main housing duty by the beginning of May 2022
• The Council should have reviewed Miss B’s housing priority in April 2022, but it did not.
16. As part of the remedy for case 22003135, the Council agreed to, “decide if Miss B should be in a higher housing priority band. If she should, backdate it to when she became homeless in March 2022 or when she reached ten years continuous residency, whichever is later. If Miss B should have been in a higher band, the Council should consider whether she missed securing accommodation, and if she did, offer her the next suitable property that becomes available.”
17. In February 2023, the Council sent Miss B an apology letter. In the letter it stated, “I will also ensure that your banding is reviewed and that the outcome of your banding is issued to you in the next week”.
18. When we asked the Council for evidence it had completed this remedy it said, “Officers have advised that her case is closed, as she has now been housed into accommodation and we cannot reassess any banding, as she does not have one to reassess. In terms of her banding in March 2022, that was a band D and she would not have been offered anything on the housing register as a band D.”
19. The Council sent us a copy of the letter it sent to Miss B closing her case. The letter it sent Miss B in December 2022 said it had ended its relief duty. It said this was because she had suitable accommodation that was available for her to occupy for at least 12 months. This was an AST with a private landlord. However, in October 2022 it had ended its relief duty and accepted the main housing duty.
20. We told the Council we did not agree with its rationale. We explained although the Council's relief duty had ended, it was our understanding that Miss B remained on the housing register. Therefore, the Council needed to decide if Miss B was in the correct band and backdate this if appropriate. We also advised Miss B may have missed out on a social housing property if her original banding was wrong.

Analysis

21. In October 2022, the Council accepted it owed the main housing duty to Miss B. It has not provided any evidence it ended this duty. The letter it sent to Ms B in December 2022 said it was ending the relief duty. It did not contain the information required to properly end the main duty. Therefore, the Council continues to owe Miss B the main housing duty. Closing her case was fault. The Council’s fault caused Miss B confusion about the duty the Council owed her and her review rights.
22. The Council had two opportunities to review Miss B’s housing priority but it failed to do so. If the Council had reviewed Miss B’s housing priority as agreed, on the balance of probabilities, it would have decided she met the 10-year residency criteria. The Council accepted she was homeless in March 2022 and offered interim accommodation. Therefore, in April 2022 Miss B should have been in at least band C.
23. If the Council had given her the correct band in April 2022, Miss B would have successfully bid on at least one property on the housing register. In November 2022, a property went to someone in band C who had been on the housing register for a shorter period than Miss B. Miss B also bid for this property. Therefore, the Council’s failure to review her housing priority meant Miss B missed out on securing social housing. This is a significant injustice. To remedy this injustice, the Council should offer Miss B the next suitable property that becomes available on the housing register. Any costs incurred moving Miss B from her current property into social housing should be met by the Council.
24. When a council agrees to take the action we recommended, it should be accountable and make every effort to comply with it. In this case, the Council did not honour the recommendation it agreed to. Not doing so compounded the injustice to the complainant and risks undermining public confidence in the Council and in the consensual system of administrative justice through the Ombudsman. 

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Agreed action

25. Within one month of the final decision the Council will:
• Reopen Miss B’s homelessness application as it still owes her the main housing duty.
• Offer Miss B the next suitable property that becomes available on the housing register. If Miss B accepts the property, pay any costs created by the move, including moving her belongings and ending the AST.
• Pay Miss B a further £300 for distress caused by the Council’s faults identified in this investigation.
• Share the Ombudsman’s 2023 report, “More Home Truths”, with all staff working in its housing and homelessness departments.
26. The Council should provide us with evidence it has complied with the above actions.

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Final decision

27. I have completed my investigation and found fault with the Council. Miss B was caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman