Overview:

Key to names used

• Mr X The complainant
• Mr Y The complainant’s son
• Mr Z The complainant’s representative

Summary

Mr X complained the Council delayed in assisting him when he asked for help after receiving a section 21 notice requiring him to leave his private rented accommodation, failed to provide him with interim accommodation between June 2022 and 22 February 2023, did not make proper enquiries before deciding he was not in priority need on 1 February 2023 and delayed in making its decision about whether it owes him a main housing duty. He also complained that the Council did not help him complete forms, despite knowing he was not able to read and write and delayed in responding to his complaint. As a result of these failings, Mr X and his family say they suffered uncertainty over many months when it was unclear whether and how the Council would assist them. They also said they suffered the humiliation of the bailiffs evicting them and the difficulty and embarrassment of having to ask friends to look after their belongings. They have since spent several months in bed and breakfast accommodation that was far from their support networks and health services. This has affected them mentally and physically and has put a strain on their family relationships.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

The Council should also take the following action within three months of the date of this report:

• apologise to Mr X for the injustice caused by the failings identified;
• pay him £1,000 to remedy the uncertainty, worry and time and trouble caused;
• pay him a further £355 to remedy the avoidable court costs he incurred;
• decide whether it owes him a main housing duty and write to him with that decision;
• review his priority on its housing register in light of its main housing duty decision, and back-date any additional priority to at least 25 October 2022, by which point the Council should have made a main housing duty decision;
• share a summary of the learning from this decision, as well as the full report, with all officers who deal with homelessness applications to ensure lessons are learned from what went wrong in this case;
• remind relevant officers about the contents of paragraphs 6.35 to 6.38 of the Homelessness Code of Guidance for Local Authorities. The Council has said it will instruct officers to record when applicants have elected to assert their legal right and remain in their accommodation until a warrant is issued but otherwise to offer interim accommodation when a valid section 21 notice has been served;
• remind relevant officers that the Council should make the decision on whether an applicant is vulnerable and on whether they are eligible for medical priority, and not its medical advisers; and
• provide evidence of the action it is taking to procure interim accommodation in its area, including properties for families.

The Council has accepted these recommendations.

Ombudsman satisfied with Council response: 22 October 2024

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