Summary: Mr X complained about the Council’s handling of his homelessness application and that it discriminated against him due to his disability. Mr X says the Council’s actions resulted in him sleeping rough which had a negative impact on his mental and physical health. We found no fault in the Council’s offer of interim accommodation but some fault in the Council’s record keeping and advice to Mr X. The Council has agreed to apologise to Mr X and provide a financial remedy.

The complaint

1. Mr X complained about the Council’s handling of his homelessness application. He said the Council offered accommodation that was unsuitable for him due to his disability. Mr X also complained the Council ignored his communications and did not offer him support. He said the Council discriminated against him due to his disability. Mr X said the Council’s actions resulted in him sleeping rough which had a negative impact on his mental and physical health. He would like the Council to provide accommodation which is suitable for his disability.

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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 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)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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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What I have and have not investigated

5. I have investigated the above complaints for the period up to the end of July 2023. I have not investigated events after this date because Mr X’s complaint does not include events after this date.

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How I considered this complaint

6. I discussed the complaint with Mr X and considered the information he provided. I also made enquiries to the Council and considered the information it provided.
7. Mr X and the Council have had the opportunity to comment on a draft of this decision. I have considered their comments before making a final decision.

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What I found

Homelessness legislation and statutory guidance

8. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. 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 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)
9. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
10. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)

Equality Act 2010

11. The Equality Act makes it unlawful for organisations carrying out public functions to discriminate on any of the nine protected characteristics listed in the Equality Act 2010. They must also have regard to the general duties aimed at eliminating discrimination under the Public Sector Equality Duty. One of the ‘protected characteristics’ referred to in the Act is disability.
12. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.

Principles of good administrative practice

13. In 2018 the Ombudsman published a guidance document setting out the standards we expect from bodies in jurisdiction “Principles of Good Administrative Practice”. This includes

• Stating the criteria for decision making and giving reasons for decisions
• Keeping proper and appropriate records
• Explaining clearly the rationale for decisions and recording them

What happened

14. Mr X has several diagnoses, including autism. The Council provided temporary accommodation to Mr X, funded by its Adult Social Care (ASC) services. Funding for Mr X’s accommodation ended, and in May 2023, Mr X moved out.
15. Mr X made a homelessness application to the Council in May 2023. The Council gave Mr X a personalised housing plan and asked its ASC service to provide a copy of Mr X’s care assessment. The Council’s ASC service said it needed permission from Mr X before it could share this information.
16. The Council offered Mr X a placement at its local facility which provides temporary accommodation. Mr X told the Council the placement offered was not suitable because of his disability and he declined the offer to stay there. He told the Council he would pay for his own hotel accommodation.
17. In June 2023, Mr X complained to the Council that the temporary accommodation offered to him was unsuitable. Mr X said he considered that not accommodating disabled service users could be interpreted as discriminatory. He complained the Council had ignored him and had not provided any support in finding accommodation. Mr X told the Council he was rough sleeping.
18. In July 2023, the Council replied to Mr X’s complaint. The Council said it was following its policies and the processes set out by law and was not acting in a discriminatory way. The Council said it was collecting the relevant information needed to make a decision about Mr X’s application.
19. Mr X remained unhappy with the Council's response and brought his complaint to us.

Analysis – suitability of accommodation

20. The Council says it considered the type of accommodation and its suitability based on the information provided by Mr X at the time, including information about his disability. The Council says the referral for temporary accommodation was also assessed by senior staff based on the information provided in Mr X’s care assessment.
21. I acknowledge the Council’s explanation but note the homelessness service did not receive Mr X’s care assessment until August 2023. Nevertheless, the Council says it took into account Mr X’s representations about his health conditions and says its processes include consideration of the Equality Act 2010. I also acknowledge the Council says Mr X later took up the offer of the temporary accommodation at the local facility in September 2023.
22. Although the Council says it considered Mr X’s disability as part of its decision to offer the placement at the local facility, I have not seen evidence to show how or when it did so, or how it made its decision. The Council’s records do not provide information about how or why the Council considered the local facility was suitable for Mr X, despite the concerns he raised. This is not in line with the principles of good administrative practice and I have therefore found fault by the Council regarding this aspect of the complaint.

Support to Mr X

23. Mr X says the Council ignored him and did not offer support. I have seen no evidence the Council ignored Mr X’s communications and case notes refer to calls and emails from the Council to Mr X. I acknowledge Mr X may have wanted more contact from the Council, but the evidence shows the Council made attempts to make contact and made an offer of accommodation. As a result, I have found the Council is not at fault regarding this aspect of the complaint.

Mr X’s complaint of discrimination

24. The Council strongly disagrees with Mr X’s complaint that it discriminated against him. It says its process regarding the offer of accommodation at the local facility took into account the Equality Act as well as other relevant legislation. The Council says when Mr X later accepted the offer of a placement, it provided him with a private room with ensuite facilities. It says the accommodation is staffed by workers experienced in providing emotional and physical support to residents with complex needs.
25. The Ombudsman cannot find that a body in jurisdiction has breached the Equality Act. However, we can find a body at fault for failing to take account of their duties under the Equality Act. I acknowledge the Council says its process of offering accommodation to Mr X included consideration of the Equality Act, and this is supported by the Council’s explanation of the services provided by the local facility. On this basis, I have found the Council had due regard to the Equality Act regarding Mr X’s homelessness application and have found the Council is not at fault regarding this aspect of the complaint.
26. However, the Council’s records indicate it did not provide a clear explanation to Mr X about the services available at the local facility, despite Mr X initially raising his concerns about staying there. The Council acknowledges a discussion about the support available at the facility may have alleviated Mr X’s concerns and may have led to more settled accommodation sooner. It says it has identified this matter as a training issue. It is positive the Council acknowledges this; however, the lack of explanation initially provided to Mr X regarding the support available is fault.
27. The injustice to Mr X as a result of the fault identified is distress and uncertainty at whether the Council had considered his disability as part of his application. Mr X also says the time spent sleeping rough had a significant impact on his mental and physical health.

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Agreed action

28. To address the injustice to Mr X, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Mr X for the fault identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings;
2. Make a payment of £300 to Mr X in recognition of the distress and uncertainty identified, and
3. Remind staff to ensure they provide all relevant information to homelessness applicants about the services and support available to them.
29. The Council should provide us with evidence it has complied with the above actions.

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Final decision

30. I have found fault by the Council and the Council has agreed to take the above action to remedy the injustice identified. I have therefore concluded my investigation.

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Investigator's decision on behalf of the Ombudsman