Summary: There was no fault by the Council. The Council reinstated Mr X’s ability to bid on housing once it was told he had made three months of payments towards arrears. The Council explained to Mr X how he could get a refund of the first months storage costs for his possessions but he did not pursue this at the time. The Councils’ communication with Mr X could have been improved but he did not miss any offers of housing and was rehoused once his application was reinstated.

The complaint

1. The complainant, who I shall call Mr X, complains the Council delayed removing the ban which prevented him bidding on social housing after he had made three months worth of payments towards rent arrears. Mr X says this caused him uncertainty, as he does not know if he missed out on offers of housing and the temporary accommodation he was in was unsuitable.
2. Mr X complains the Council did not protect his property when he moved into temporary accommodation. He also complains the Council did not refund one months storage costs which it said it would in a personalised housing plan.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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)
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 Mr X’s complaints about his ability to bid on social housing and storage of his possessions.
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
7. I have not investigated Mr X’s complaints about the suitability of his temporary accommodation as he was told he had a right of review on 7 February 2023. It would have been reasonable for him to ask the Council for a review of the decision on whether the temporary accommodation was suitable and then take the matter to the court if he still disagreed.

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How I considered this complaint

8. I read the papers put in by Mr X and discussed the complaint with him.
9. I considered the Council’s comments about the complaint and any supporting documents it provided.
10. Mr X and the organisation 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

11. Mr X’s previous complaint to the Ombudsman was closed in July 2022 (21016935). We found fault with the Council for delay in providing Mr X with support and for failing to take reasonable steps to help Mr X secure accommodation. We found the Council’s decision in April 2022, to prevent Mr X from bidding on DHC properties due to rent arrears was in line with its policy.

Bidding on properties

12. Mr X says that he started paying towards his rent arrears in August 2022. So, he should have been able to bid on properties from October 2022 onwards.
13. Mr X told the Council he had made 3 months of payments towards the arrears on 2 December 2022. The Council has said that Mr X’s application became live again on 16 December 2022 as it accepted the repayment plan.
14. Mr X contacted the Council in January 2023 to ask it to backdate his housing application until 2021. On 13 January the Council updated his application to band B and to change his family details. Mr X complained that his account was locked and he could not bid, which the housing officer unlocked that same day.
15. The Council told Mr X on 24 February that his housing application was on hold. This was because the housing officer contacted Mr X’s previous letting agent and was told Mr X had not paid towards his arrears. Mr X’s housing application was reinstated on 1 March 2023, when the Council was told the arrears payments had been made to a solicitor.
16. Mr X could bid from 1 March 2023 onwards and was rehoused shortly afterwards.
17. The Council has said that ‘it understands there would have been some uncertainty while it suspended Mr X’s application but it is satisfied there were no offers of housing missed. This is because the only properties advertised while Mr X’s application was suspended were ones with a preference to the area in which they were advertised’.
18. Mr X complains the Council delayed removing the ban which prevented him bidding on social housing. I find no fault on this point. The Council reinstated Mr X’s housing application 2 weeks after he told the Council that he had paid towards his rent arrears.
19. It is not clear why the housing officer checked on the payments with the letting agent in February 2023 rather than December 2022. Or why the officer immediately suspended the housing application before asking Mr X what had happened. I find no fault in the housing officer’s decision to check Mr X had made the payments but communication could have been better. Mr X has had to send several emails to ensure the details on his housing application were up to date. While frustrating for Mr X, this has not caused him to miss offers of accommodation and he was in temporary accommodation for the period.

Storage of belongings

20. The personal housing plan from Mr X’s homeless application says ‘I would advise for you to find three storage quotes and apply to Crisis Support as they will go off the cheapest and pay for the first months costs’. Mr X did not apply to crisis support and the Council has said that this funding is no longer available.
21. Mr X complains the Council did not protect his property when he went into temporary accommodation. I do not find fault on this point as Mr X’s belongings went into storage. Mr X asked the Council in March 2023 for financial help with the storage costs.
22. I cannot see any evidence that Mr X applied to crisis support for the first months storage costs which the Council agreed to pay. I do not find fault by the Council on this point, as Mr X could have claimed the costs for the first month but did not. Unfortunately, the fund is no longer available for storage costs. I do consider it was reasonable for Mr X to apply at the time, so I will not ask the Council to pay the cost now.

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Final decision

23. I have completed my investigation of this complaint. This complaint is not upheld as I have found no evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman