Summary: Mr X complained about the way the Council managed his homelessness application. We find the Council was at fault for failing to consider whether it should have provided Mr X with interim accommodation in November 2022. The Council has already accepted fault and offered Mr X a financial payment. The Council has agreed to our further recommendations to remedy the injustice caused to Mr X.

The complaint

1. Mr X complains the Council has failed to provide him with interim accommodation since he applied as homeless in October 2022. He also complains the Council has unreasonably delayed accepting the relief and main housing duty and in activating his facility to make bids on the housing register.
2. Mr X said he could have been in interim accommodation sooner but has been living in his sisters overcrowded flat with his son since October 2022.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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

6. I considered the information provided by Mr X and discussed the complaint with him. I made enquiries of the Council and considered its response.
7. Mr X and the Council had the opportunity to comment on my draft decision. No comments were received.

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What I found

Law and guidance

8. 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. Part 7 of the Housing Act 1996 was amended by the Homelessness Reduction Act 2017 with effect from 3 April 2018. This changed the law on homelessness and introduced new duties on councils.
9. 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))
10. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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, follow from the findings of the assessment and must be provided to the applicant in writing as their personalised housing plan (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
11. If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must take a homelessness application and make enquiries. 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)
12. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. 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)
13. A council must secure interim accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
14. If a council is satisfied an applicant is homeless, eligible for assistance, has a priority need and is not homeless intentionally, 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). This is known as the main housing duty. 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)

What happened

15. Below is a chronology of key events. It is not meant to show everything that happened.
16. Mr X and his son lived with Mr X’s sister in a one-bedroom flat. On 24 October 2022, Mr X provided the Council with an eviction letter from his sister.
17. On 31 October, Mr X completed a medical assessment form and pre-assessment form. The Council made an appointment for Mr X on 11 November, to discuss his homelessness application. Mr X did not attend this appointment. The Council assessed Mr X on 17 November. The Council asked Mr X to provide: three months of recent bank statements and payslips; a breakdown of any benefit payments Mr X was receiving; his son’s birth certificate; and evidence of the sale of his property abroad.
18. On 24 November, the Council accepted the relief duty towards Mr X. The Council wrote to Mr X confirming its decision with a copy of his PHP. The PHP stated Mr X requested to be rehoused in Westminster and/or its neighbouring boroughs. The Council also referred Mr X for private rented accommodation. This was managed by Agency 1.
19. In January 2023, Agency 1 contacted Mr X about two properties. Mr X refused these properties as they were located outside of Westminster.
20. In February, Mr X complained to the Council about delays in the handling of his homelessness application. The Council responded to Mr X’s complaint at stage one of its complaint procedure. The Council explained the relief duty usually lasts for 56 days but can be extended. It said Mr X had not provided all the evidence it requested in November 2022. The Council acknowledged that it had received some information but not all.
21. The Council said it would consider whether Mr X was eligible for an offer of interim temporary accommodation within the borough. However, it explained the majority of the Council’s temporary accommodation was located outside the borough. The Council did not uphold the complaint on the basis that the relief duty was ongoing and a decision on its main housing duty was yet to be made, pending further information from Mr X.
22. Mr X remained unsatisfied and asked for his complaint to be escalated to stage two of the Council’s complaint procedure. He told the Council that he and his son were sleeping on the floor at his sister’s one bedroom flat. The Council responded to Mr X’s complaint on 19 April. The Council confirmed that it had received further evidence from Mr X in March. The Council said it would schedule an interview with Mr X to determine whether it owed a main housing duty towards him.
23. The Council acknowledged that Mr X met the criteria for interim accommodation as there was reason to believe he was homeless, eligible for assistance and in priority need. The Council recognised that Mr X should have been offered emergency accommodation in November 2022. On this basis, the Council partially upheld Mr X’s complaint. To remedy the injustice caused the Council offered to pay Mr X £150 per month for the period between November and April 2023. This made a total payment of £750.
24. The Council explained that due to recent changes to its housing allocations policy, applicants under the relief duty could make a housing register application and if successful they would be able to bid for properties. The Council provided Mr X with information about how to do this.
25. On 26 April, the Council contacted Mr X about a possible offer of hotel accommodation. Mr X declined the offer as he wanted to remain in the borough and wanted accommodation close to his son’s school.
26. On 26 July, the Council contacted Mr X again about a possible offer of interim accommodation. Mr X declined as he wanted to wait for longer term temporary accommodation.
27. At the same time, the Council ended the relief duty and two days later accepted a main housing duty towards Mr X. It informed Mr X of the decision in writing.

Analysis

28. Mr X initially approached the Council at the end of October 2022 and the Council carried out an assessment of his needs in November. It was recorded that Mr X wanted to be rehoused within Westminster and/or its neighbouring boroughs.
29. The Council was at fault for failing to consider whether it should have provided Mr X with interim accommodation in November 2022. The Council had enough information to determine whether it had reason to believe Mr X was eligible, homeless and in priority need. Its failure to do this is fault. The Council has acknowledged this fault in its stage two response and offered Mr X a total payment of £750 for the injustice caused between the period November 2022 to April 2023.
30. From mid-November 2022 until March 2023, the Council was waiting for evidence from Mr X. Mr X provided some documentation in January 2023 and March 2023. I consider it would have been reasonable for the Council to have been more proactive in chasing Mr X for the evidence. Had the Council chased Mr X it may have been able to make a main housing duty decision sooner.
31. On 25 July, the Council ended the relief duty and then accepted a full housing duty towards Mr X. While some of the delay was due to Mr X not returning the information the Council requested until March 2023, it still took the Council a further four months to provide Mr X with a main housing duty. This is fault. In response to my enquiries the Council has acknowledged the unacceptable delay in reaching these decisions.
32. I recognise the Council made an offer of accommodation in April 2023. I also recognise this was the only interim accommodation available at the time. Mr X’s PHP clearly documented that he wanted to remain in the borough. Therefore, I do not criticise Mr X for not accepting the offer as it was outside of the borough, and he wanted accommodation close to his son’s school. The Council did not contact Mr X again until the end of July with an offer of interim accommodation. Mr X declined this as he wanted to wait for longer term temporary accommodation.
33. I find the Council at fault for failing to provide Mr X with suitable interim accommodation for the period between November 2022 and July 2023, when it ended the relief duty and accepted a main housing duty. This is a total of nine months.
34. As I have found fault, I need to consider what injustice this has caused Mr X. I acknowledge the Council offered Mr X £150 per month for the period between November 2022 to April 2023, in recognition that he should have been offered emergency accommodation. I welcome this offer but do not consider it goes far enough to remedy the injustice caused to Mr X. The Ombudsman’s guidance on remedies says that where a person has been deprived of suitable accommodation our recommendation is likely to be in the range of £150 to £350 per month. I consider £200 per month is more appropriate amount, given that Mr X and his son have been living in his sister’s overcrowded flat and sleeping on the floor. In reaching this figure I have also considered that Mr X had some accommodation even if it was unsatisfactory.
35. Mr X also said he had made a housing register application but had not received a bidding number. The Council cannot find any record of a housing register application from Mr X. The Council has confirmed that as an accepted homeless person, Mr X has been added to the housing register, and has received bidding details. This was sent to Mr X in July 2023. I have found no fault by the Council.
36. In response to my enquiries the Council explained that it was taking steps to address the delays in processing homeless applications. This included, staff training, restructuring housing casework teams, improved monitoring of cases and weekly meetings to review caseload and prioritise cases.

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Agreed action

37. Within one month of my final decision the Council will:
1. apologise to Mr X for the faults identified in this statement; and
2. pay Mr X £1800 for the delay in providing interim accommodation. This includes the £750 the Council has already offered in its stage two complaint response.
38. Within three months of my final decision the Council will provide the Ombudsman with an update on the steps it has taken to address the delays in processing homeless applications.
39. The Council should provide us with evidence it has complied with the above actions.

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Final decision

40. I have found fault by the Council causing an injustice to Mr X. I have completed my investigation on this basis.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman