Summary: Mr X complained the Council did not involve him in creating his personalised housing plan (PHP) and delayed reviewing his PHP when he requested. Mr X said this caused him distress when he was facing eviction from his home. There was fault in the way the Council did not include Mr X creating his PHP and delayed completing the review. Mr X did not suffer any personal injustice due to this fault. The Council should remind its staff of the importance of accurately recording communications to inform decision making.

The complaint

1. Mr X complained the Council did not involve him in creating his personised housing plan (PHP) and delaying reviewing his PHP when he requested. Mr X said this caused him distress when he was facing eviction from his home.

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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. 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 Mr X’s complaint and spoke to him about it on the phone.
5. I considered information provided by Mr X and the Council.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a 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:
9. they are likely to become homeless within 56 days; or
10. they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)
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)
12. 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)
13. Councils must complete reviews of the following decisions within three weeks of either the date of the review request or the date they receive written representations:

• on the steps they are to take in the personal housing plan at the prevention or relief duty stage; or
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the prevention duty to an end.

14. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:

• eligibility for assistance;
• not in priority need;
• intentionally homeless;
• suitability of accommodation;

• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the relief duty to an end.

15. These periods can be extended if the applicant agrees in writing.
16. A section 21 notice starts the legal process to end an assured shorthold tenancy. The notice must be in writing and give at least two months' notice. Section 21 notices are valid for six months. The expiry of the notice does not end the tenancy, and the landlord must go to court to get a possession order to evict the tenant.

What happened

17. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
18. Mr X lives in a privately rented property with his family. The management company issued Mr X with a section 21 notice in October 2022.
19. Mr X made a homelessness application in November 2022. He advised the Council he received the section 21 notice and had nowhere to go. Mr X provided the Council with the relevant documents to support his application.
20. The Council made multiple attempts to contact Mr X in December 2022 but did not speak directly to him.
21. The Council spoke to Mr X at the start of January 2023. The notes of the call confirmed Mr X’s nationality and his family income. The Council recorded this as an assessment to gather the information for the PHP.
22. The Council issued Mr X’s PHP four days later. The Council confirmed Mr X was eligible for assistance and he was threatened with homelessness. The Council accepted a prevention duty to Mr X.
23. The Council spoke to the management agents and the landlord. The Council told the landlord it would be willing to discuss an incentive to continue Mr X’s tenancy.
24. Mr X asked for a review of his PHP at the end of January 2023. He said the Council had involved him in creating his PHP.
25. The Council spoke to Mr X’s landlord at the end of January 2023. The landlord advised the Council they had not made an application to the court for a possession order. The landlord confirmed they were willing to sign a new tenancy agreement.
26. Mr X chased the Council for a response to his request for a review in April 2023.
27. Mr X chased the Council for a response again in May 2023. Mr X contacted his member of parliament (MP) after the Council did not respond to his contact. The MP asked the Council why it had not responded to Mr X.
28. The Council contacted the management agent in the middle of May 2023. The Council said it had not heard anything about the section 21 notice. It said the notice issued in October 2022 was no longer valid as it was longer than six months since it was issued. The Council spoke to Mr X who confirmed he had not received any further contact about the section 21 notice. The Council told him it had expired.
29. The Council completed the review of the PHP on the same day. It decided it would withdraw Mr X’s PHP.
30. The Council responded to the MP the following week. It explained what happened and confirmed it had withdrawn the PHP. It advised the Council officer would talk with Mr X to engage him in the PHP.
31. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to follow its process including people in creating the PHP.
32. In response to my enquiries the Council stated it could not provide evidence it involved Mr X in creating his PHP but detailed a phone call it said showed the PHP was discussed. The Council stated Mr X misunderstood the conversation when it discussed the PHP.

My findings

PHP

33. The Council accepted Mr X was threatened with homelessness and completed an assessment of his needs. The evidence the Council has provided only detailed it spoke to Mr X to confirm his nationality and his family’s income. This does not evidence the Council has completed a full assessment and included Mr X in creating his PHP.
34. The Council evidenced it worked with Mr X’s landlord to prevent him becoming homeless. The Council advised the landlord it could offer financial support to achieve this. The Council continued to discuss the matter with the landlord and they did not evict Mr X.
35. The Council created a PHP after its assessment. The evidence the Council provided does not detail a full assessment. The Council should have created a PHP with Mr X. Not fully including Mr X in creating the PHP is fault. However, as the Council did work to prevent Mr X becoming homeless there was no personal injustice to him.

Review

36. Mr X did not give a reason for requesting the Council review his PHP other than he was not involved in creating it. There was no timescale in law for the Council to respond.
37. The Council completed the review after 17 weeks. While there is no timescale in law, the Ombudsman expects Councils to carry out reviews in a reasonable timescale. 17 weeks is not a reasonable timescale to complete a review. However, during this time, the Council continued to work to prevent Mr X becoming homeless. While the delay identified is fault, Mr X has not suffered any injustice from this fault as the Council continued to actively work to prevent Mr X becoming homeless.

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Agreed action

38. I am not making personal recommendations in the absence of injustice. I am making a service improvement recommendation to address issues I have identified in the investigation. The Council has agreed to take the following action within 4 weeks of my final decision:
• Remind all relevant staff of the importance of fully recording communications. This would enable the Council to evidence its decision making.
• Remind all relevant staff of the importance of completing timely reviews.
39. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

40. I have completed my investigation. I have found fault by the Council, but this has not caused injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman