Summary: Miss X complained about how the Council has handled her homelessness application. She also complains about the Councils lack of communication and contradictory information. We find the Council was at fault for delay in progressing the case and delay in considering whether Miss X was in rent arrears. This caused significant distress to Miss X. To address this injustice caused by fault the Council has agreed to apologise and make a symbolic payment.

The complaint

1. The complainant, Miss X, complains about how the Council has handled her homelessness application. She also complains about the Councils lack of communication and contradictory information.
2. Miss X said this has caused her significant distress.

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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 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 spoke with Miss X about her complaint. I considered all the information provided by Miss X and the Council.
6. Miss X and the Council had an opportunity to comment on my revised draft decision. I considered their comments before making a final decision.

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What I found

Law and guidance

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. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
9. 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)
10. The homelessness (suitability of accommodation) order 1996 states councils must consider whether the accommodation is affordable for them. Councils will need to consider whether the applicant can afford the housing costs without being deprived of basic essentials. This refers to things such as food, clothing, heating, transport and other essentials specific to their circumstances.

The prevention duty

11. 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)
12. The prevention duty will come in an end if the applicant has suitable accommodation available that has a reasonable prospect of being available for at least six months.

What did happen?

13. This section sets out the key events in this case and is not intended to be a detailed chronology.
14. Miss X contacted the Council in August 2022. She said her landlord to her private property had issued her a revised tenancy agreement to take effect in four days. This included an increase to the rent. She said she would continue to look for other properties while waiting to receive advice from the Council.
15. The Council completed an initial housing assessment in September 2022. It said the Council had previously been involved due to rent increase. But said the property had become unaffordable again due to the recent increase.
16. Miss X contacted the Council throughout September 2022 asking for an update on her case. She provided the Council with the section 21 notice her landlord had issued.
17. The Council contacted Miss X the following month. It apologised for the delay and said an officer would be allocated to her case soon.
18. The Council completed an assessment in October 2022. It was noted that:
• in 2020 after the landlord increased Miss X’s rent, the Council agreed to pay the £170 increase;
• in 2021 the Council agreed to continue to pay £170 to keep Miss X in the accommodation;
• the Council had agreed to pay the landlord 12 x £170 upfront to keep Miss X in the property until September 2022;
• a further increase had been applied in August 2022. But Miss X did not agree to the revised contract; and
• Miss X’s landlord believes she was in rent arrears as she had not agreed to the increase.
19. The Council accepted the prevention duty. It completed a personal housing plan with Miss X. It said:
• Miss X was to search for properties and update the Council on any changes to her circumstances; and
• the Council would provide housing advice to Miss X and complete a referral to its private rented sector (PRS) scheme.
20. The Council told Miss X it could not cover the increase in rent as it said it was significantly over the local housing allowance rate. It said it would refer Miss X to its internal lettings team who would assist her with searching for affordable housing.
21. The Council told Miss X in November 2022 it had emailed her landlord to seek clarity around the rent arrears. It completed a referral for Miss X to seek money advice. It also gave Miss X details for its internal landlord’s team.
22. Miss X told the Council she was concerned as she had still not found a suitable property. The Council told Miss X the correct process was for her to remain in the property until her landlord followed the legal eviction process. The Council also said it had not heard back from the landlord about the rent arrears.
23. The Council’s internal landlords team told Miss X it could not work with applicants who have current or pre-existing rent arrears.
24. In December 2022 Miss X spoke with a third party about her current situation. She shared this conversation with the Council. It was noted that Miss X’s contract with the landlord stated a months’ notice was needed to increase the rent. It was also noted that as Miss X did not sign the new agreement and did not pay, it was likely that she should not be in arrears. The Council acknowledged this information.
25. In the same month Miss X told the Council twice her personal debt was cleared and provided evidence. She asked if this would change anything regarding the Council’s landlord’s team’s decision. She chased the Council for a response twice in January 2023.
26. Miss X provided the Council with medical evidence. This included a medical letter which stated Miss X was experiencing exacerbation of her depression and anxiety in the context of uncertainty around her housing situation and possible eviction.
27. In January 2023 the Council told Miss X the rent arrears had been confirmed as £650. It said it would follow up with its lettings team to see what support may be available. But later said the team could not assist while Miss X had rent arrears. The Council also said the landlord had not confirmed whether they intended to continue with the eviction process.
28. Miss X provided the Council with another medical letter in February 2023. It said she was seen for a review of her atopic dermatitis. The letter stated Miss X had a significant flare up since she was last seen. It noted this was due to the significant stress of the eviction process and struggling to find new accommodation.
29. In March 2023 Miss X asked for an update. The Council said it had proposed a solution to her landlord. It said it was awaiting to see if they agreed.
30. The Council emailed its internal landlord’s team to see if they could help Miss X. It said Miss X was previously advised the private rented sector would not be affordable to her due to rent arrears and outstanding debts. But said the personal debt had been cleared and she had been awarded a personal independence payment (PIP).
31. The Council told Miss X in March 2023 it had completed a referral for her to be considered for sheltered accommodation.
32. The Council told Miss X her landlord did not appear willing to agree to the terms. It said it would be best to continue to search for alternative accommodation.
33. The Council told Miss X in April 2023 a new case officer would be in contact. This was because the previous officer had left the role.
34. Miss X asked for an update on what actions the previous officer had taken before they left. She also asked for details of the new case officer.
35. The new case officer contacted Miss X towards the end of April 2023. They said they would look into Miss X’s eligibility for sheltered housing.
36. Miss X complained to the Council in May 2023. She said there had been continued delays in her case since the 23 August 2022 when she first approached the Council. She also said the Council had agreed to call her on 15 May 2023 but failed to.
37. In response to Miss X’s complaint, the Council said:
• due to staff shortages cases were not allocated quickly;
• a case officer was allocated to Miss X in November 2022 and she was supported by way of prevention duty;
• communication with the first case officer was good but apologised and said there were delays in reassigning the case;
• the case officer scheduled an appointment on 15 May 2023. But due to unforeseen and unavoidable circumstances this did not go ahead;
• on receipt of the complaint, the Council rang Miss X to answer some of her previous queries;
• the previous case worker had failed to attach the sheltered accommodation application in their email requesting authorisation. But said this had now been actioned with a request to backdate from the initial request;
• it agreed to look back into whether the rent increase had been applied correctly;
• the lettings team had previously said they could not work with Miss X. But the Council said it had since advocated on her behalf. It said the lettings team had now agreed to accept a referral and would be supporting Miss X with the PRS scheme; and
• although it had confirmed no legal eviction proceedings were active on Miss X’s property, the Council agreed to support Miss X on a discretionary basis. This was by way of sheltered housing, PRS scheme and viewings from the landlord’s team.
38. Miss X was unhappy with the Council’s response. She asked why the Council now considered her to not be in rent arrears.
39. The Council wrote to Miss X’s landlord in June 2023. It said;
• it was not appropriate to pay the deficit they state was owed;
• at no point did Miss X agree to the increase and never paid the increase;
• Miss X had not signed a new tenancy binding her to the increase; and
• Miss X was not served the section 13 notice to increase the rent.
40. The Council responded to Miss X’s complaint at stage two of its complaints process in the same month. It said:
• it had issued a letter to end the prevention duty as it said Miss X had suitable accommodation which would remain available to her for a period of at least six months; and
• correspondence with the landlord satisfies Miss X is no longer threatened with homelessness due to the section 21 notice expiring and no claims for possession were made.
41. Shortly after Miss X’s landlord issued a further section 21 notice. The Council completed an assessment with Miss X and accepted the prevention duty.

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Analysis

42. Miss X initially approached the Council on 23 August 2022. The Council completed an initial housing assessment the following month. It then completed an assessment and personal housing plan on 24 October 2022 and accepted the prevention duty. There is a delay. This is fault. The Council has acknowledged this delay in its complaints response and said a case worker was not allocated to Miss X until November 2022. It said this was due to staff shortages. But this fault did cause significant stress and uncertainty to Miss X.
43. There is evidence of further fault. There was a delay in re-allocating Miss X’s case to a new case officer. The Council did recognise this in its complaints response and apologised. But this did mean Miss X spent unnecessary time and trouble in contacting the Council for an update.
44. The Council said there had been a shortage of trained housing options staff since the pandemic. To address this, it said there has been a significant recruitment drive, including the onboarding of graduates and an intensive training programme. It said it has a full complement of staff at the present time.
45. The Council’s complaints response also identified further fault. It said the previous case officer had failed to attach the sheltered accommodation application in their email requesting authorisation. But said this had now been actioned with a request to backdate from the initial request. I consider this to be the appropriate action.
46. In December 2022 the Council’s landlords team confirmed it could not work with Miss X due to rent arrears. As stated in paragraph 24, Miss X spoke with a third party who advised her that due to the circumstances it was likely she was not in arrears. This information was shared with the case officer who said they would go through it. But the Council did not agree to look into whether the rent increase had been applied correctly until May 2023. It wrote to the landlord the following month to confirm it had not been applied correctly.
47. The delay in considering this is fault. We would have expected the Council to act on the information it received from Miss X in December 2022. But Miss X said the Council initially requested her landlords bank details so it could pay the arrears. The Council has accepted it would have been better for its position on Miss X’s alleged arrears to have been made in a timelier manner. It said it will ensure learning on this will be passed on to the relevant team.
48. There is evidence of further fault. Miss X told the Council in December 2022 her personal debt was cleared. She provided evidence. She asked if the Council’s landlords’ team would reconsider its decision. She chased the Council for a response in January 2023. I have seen no response to this email and the Council’s notes suggest the debt was cleared in March 2023.
49. On balance of probability, had the faults identified in paragraphs 46 and 47 not occurred, it’s likely the landlord’s team would have worked with Miss X sooner. But Miss X said she was not sent any invites to view any properties by the team. She also said she was told the types of properties the team deals with would not be appropriate for her. Therefore, I could not say that Miss X would have been provided with property details. But this caused uncertainty to Miss X.
50. The Council told Miss X it would call her on 15 May 2023. Miss X made the Council aware the call had not taken place. The Council initially said it did not know what had happened and apologised. It agreed to look into it. In the Council’s complaint’s response, it said due to unforeseen and unavoidable circumstances the call did not go ahead. Whilst the Council has apologised to Miss X, this did mean she spent time and trouble in contacting the Council.
51. Miss X said the Council gave her contradictory information. She said the Council’s money advice team advised her to apply for PIP to help with rent. But she said the Council’s private lettings team does not take this payment into account. The Council said it supported Miss X with applying for PIP and a discretionary housing payment. It said while clients can use PIP payments as they wish, the private lettings team could not consider the newly awarded PIP as an additional income while carrying out any affordability assessments. This is a decision for the Council to make. The Council’s decision to not consider this did not affect Miss X’s eligibility. As stated in paragraph 48 there was a personal debt.

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Agreed action

52. To address the injustice caused by fault, within one month of my final decision the Council has agreed to:
• apologise to Miss X for the fault identified in this statement; and
• pay Miss X £350 for the avoidable distress, time and trouble caused by the Council’s actions.
53. The Council should provide us with evidence it has complied with the above actions.

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Final decision

54. I have completed my investigation with a finding of fault causing injustice for the reasons explained in this statement. The above agreed actions provide a suitable remedy for the injustice caused by fault.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman