Summary: Mrs X complained about the Council’s actions when she became homeless. The Council failed to properly consider whether it owed Mrs X a relief duty sooner and placed Mrs X and her child, Y, in unsuitable emergency accommodation. The Council did not consider Mrs X’s request to review its decision of temporary accommodation. It also offered her two properties which were unsuitable for her health needs and too far from Y’s school. These faults caused Mrs X distress, frustration, uncertainty, and financial loss. The Council has agreed to apologise to Mrs X, offer her a symbolic payment, reimburse her with costs resulting from the Council’s faults and review the suitability of her temporary accommodation. The Council will also make service improvements to prevent a recurrence of fault.

The complaint

1. Mrs X complained about the Council’s actions when she became homeless. She said the Council:
• placed her in unsuitable emergency accommodation for a long duration in March 2023;
• placed her in unsuitable temporary accommodation in May 2023 and has not offered her suitable accommodation since then;
• has not considered her or her child’s, Y, medical conditions; and
• has poorly communicated with her.
2. Mrs X said it has caused her distress and frustration. She wants the Council to apologise to her and provide her with accommodation suitable for her and Y’s needs.

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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. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. 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

7. I spoke with Mrs X and considered information she provided.
8. I considered information the Council provided.
9. Mrs 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

Homelessness

10. 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.
11. Someone is homeless if they have no accommodation or if they have accommodation but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
12. Someone is threatened with homelessness if, when asking for assistance from the council:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

Assessments and personal housing plans

13. 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 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)

Prevention duty

14. 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)

Relief duty

15. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

Main housing duty

16. If, at the end of the relief duty, a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)

Review rights

17. Homeless applicants may request a review within 21 days of being notified of decisions such as:
• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• giving notice to bring the prevention duty to an end;
• giving notice to bring the relief duty to an end; and
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Duty to arrange interim accommodation

18. 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)
19. Where an applicant is an assured shorthold tenant who has received a valid notice in accordance with section 21 of the Housing Act 1988 and the council is satisfied that the landlord intends to seek possession and there would be no defence to an application for a possession order, then it is unlikely to be reasonable for the applicant to continue to occupy a property beyond the expiry of a valid section 21 notice. (Homelessness Code of Guidance, paragraph 6.35)

Suitability of accommodation

20. 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)
21. Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
22. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:
• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

Bed and breakfast

23. Councils should avoid using bed and breakfast accommodation. It should only be used as a last resort in an emergency and then for the shortest time possible. (Homelessness Code of Guidance paragraph 17.24 and 17.30)
24. Bed and breakfast accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. A bed and breakfast is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.32)

Background

25. From 2016, Mrs X and her child, Y, lived in a two-bedroom ground floor property which she rented privately.
26. Mrs X has health problems. She struggles with some mobility which affects climbing stairs and accessing a bath. She also has respiratory problems. Mrs X said the private rented property was damp and mouldy which contributed towards her ill health.
27. Mrs X applied to the Council’s housing register. The Council accepted her application and placed her in band A with a priority due to medical reasons and her current property being in disrepair.

What happened

28. In August 2022, Mrs X’s landlord issued Mrs X with a notice to leave (Section 21 notice) which was due to expire in October 2022. The Council completed an assessment with Mrs X of her circumstances. The Council then wrote to Mrs X and said she was eligible for help and she was threatened with homelessness. It had a duty to help Mrs X keep her current accommodation or to help her find another property before she became homeless.
29. It also completed a personalised housing plan with Mrs X which said:
• Mrs X had been threatened with eviction and the current property was unsuitable for her medical needs; and
• Mrs X required a two-bedroom ground floor property due to her mobility needs.
30. By October 2022, Mrs X was still residing in the property. Mrs X’s landlord therefore applied to court to start the eviction process.
31. Following the hearing towards the end of January 2023, the court granted Mrs X’s landlord with a possession order however, it allowed Mrs X a six-week extension to remain in the property due to her medical needs. Mrs X had to pay towards the court fees.
32. In March 2023, the Council liaised with Mrs X’s landlord who agreed to allow Mrs X to stay at the property for a further seven days.
33. In mid-March 2023, Mrs X and Y moved into emergency accommodation arranged by the Council which was a bed and breakfast.
34. The Council wrote to Mrs X and said its prevention duty had now come to an end and it had accepted 56 days of relief duty to help Mrs X find somewhere else to live.
35. The Council reviewed Mrs X’s personalised housing plan which again said Mrs X required a two-bedroom ground floor property.
36. Shortly after Mrs X moved into the bed and breakfast, she complained to the Council and said the bed and breakfast was not suitable for her or Y because:
• Mrs X was not able to manage the four steps leading to the property;
• the shower had no rails for Mrs X to grab onto;
• the bed was uncomfortable which caused Mrs X back pain;
• Y felt overly anxious due to other residents being present; and
• the bed and breakfast was too far from Y’s school.
37. Mrs X said she urgently required a two-bedroom property suitable for her health needs and close to Y’s school.
38. In mid-April 2023, the Council responded to Mrs X. It recognised Mrs X’s frustration with the bed and breakfast. It was aware it was not appropriate for Mrs X and Y to stay in the bed and breakfast for a prolonged period of time. The Council told Mrs X it was working towards moving her and Y to a suitable hostel.
39. In mid-May 2023, Mrs X and Y moved into temporary accommodation arranged by the Council which was a room in a hostel. It was on the ground floor and Mrs X had her own toilet and wash basin and a kitchenette with essential amenities. Mrs X also had access to a shared bathroom with both bath and a level access shower.
40. At the same time, the Council wrote to Mrs X and said its relief duty to Mrs X had ended as 56 days had passed and Mrs X was unintentionally homeless and was in priority need for accommodation. The Council said it now owed Mrs X a main housing duty. It gave Mrs X a right to request a review if she believed the current temporary accommodation was not suitable.
41. The Council also told Mrs X it had now placed her under “one suitable offer” which meant Mrs X was no longer able to bid on properties with her housing application. Instead, the Council would find a suitable property and offer it to Mrs X.
42. Mrs X complained to the Council again about the suitability of the temporary accommodation. She said:
• it was not appropriate for her to share the bathroom with other residents as Mrs X had problems with her immune system;
• Y was presenting with seizures. The room was small and consisted of two single beds. Y required bedrails on their bed and there was no room for them; and
• Y’s school was too far to travel to. Mrs X was unable to afford transport costs and was also unable to walk long distances.
43. The Council responded to Mrs X and said it recognised she was unhappy with the temporary accommodation. Its plan was to move Mrs X and Y into a self-contained tower block accommodation with a level access shower. However, it was unable to tell Mrs X when one would become available due to high demand.
44. Mrs X remained unhappy and complained to us towards the end of July 2023. Since Mrs X’s complaint to us, the Council has offered her two properties however Mrs X has declined them both due to the distance and the property not being on a ground floor.
45. In response to my enquiries, the Council said:
• it had placed Mrs X and Y into a bed and breakfast as there was no other suitable property available within the area at the time; and
• it had placed Mrs X and Y into the hostel as it was the next suitable property available.

Findings

Mrs X’s initial request for help

46. In August 2022, Mrs X approached the Council for help when her landlord served her an eviction notice which was due to expire in October 2022. The Council would have been aware of the disrepair of where Mrs X was residing as Mrs X had already applied to its housing register.
47. The Council completed an assessment of Mrs X’s circumstances and accepted it owed Mrs X a prevention duty. However, the Council should have considered whether it was reasonable for Mrs X and Y to continue residing at the property and if it owed Mrs X a relief duty instead, given the property was in disrepair and affecting their health. There is no evidence the Council did this. The Council was at fault. I cannot say what the Council would have decided had it properly considered her circumstances. However, the resulting uncertainty is an injustice to Mrs X.
48. In October 2022, the Council should have considered whether it was reasonable for Mrs X and Y to stay beyond the expiry of the notice. The Code is clear that it is unlikely to be reasonable for the applicant to continue to occupy a property beyond the expiry of a valid section 21 notice. This was fault.
49. In addition, Mrs X’s landlord applied to court to start the eviction process. Again, at this point, the Council should have considered whether it was reasonable for Mrs X and Y to continue residing at the property, given the possession proceedings. Not doing so was fault.
50. The Council waited until March 2023, after the court had granted possession to the landlord, to accept it owed Mrs X a relief duty and arrange emergency accommodation for Mrs X and Y.
51. On balance, had the Council properly considered its duties and the Code of Guidance, it would have decided it was not reasonable for Mrs X and Y to remain in the property after the notice expired in October 2022.
52. Therefore, the Council delayed accepting it owed Mrs X a relief duty by five months. But for the fault, it would have arranged emergency accommodation five months sooner. The Council would therefore also have accepted the main duty several months earlier. Had it done so, Mrs X would have had a right to review the suitability of the temporary accommodation. Instead, Mrs X spent five months in unsuitable accommodation which did not meet her needs and was in disrepair. This is an injustice to Mrs X.
53. Furthermore, as Mrs X stayed beyond the eviction date, her landlord took the matter to court and as a result, Mrs X had to pay towards the court fees. Had the Council provided interim accommodation when it should have, Mrs X would not have incurred this cost. This avoidable financial loss is an injustice to Mrs X.

Bed and breakfast

54. Mrs X and Y moved into a bed and breakfast in mid-March 2023. They remained there until mid-May 2023. This was approximately eight weeks. The law states bed and breakfast accommodation should only be used as a last resort to house families with children and for no more than six weeks. In Mrs X’s case, she had a child and remained in the bed and breakfast for an additional two weeks. I recognise the Council said there was no alternative accommodation available at the time however, it was still fault. This caused Mrs X distress and frustration.

Temporary accommodation

55. Mrs X and Y moved into temporary accommodation in mid-May 2023 and until this date, they remain there. When they moved into the accommodation, Mrs X told the Council it was unsuitable for her and Y to remain there. One of the reasons included that it is too far from Y’s school. Mrs X has a statutory right to review the suitability of temporary accommodation. The Council should have treated Mrs X’s complaints as a request for a review of the suitability. There is no evidence it has done this. The Council is at fault. This denied Mrs X her statutory rights, which is an injustice.
56. I cannot say whether the property is suitable for Mrs X. But had the Council properly reviewed the suitability of the accommodation, it would have issued Mrs X with a formal decision setting out her statutory right to appeal the outcome in court.

Further offers

57. Since Mrs X moved into the temporary accommodation, the Council has offered her two properties. However, Mrs X has refused both offers due to them being too far from Y’s school and not being on a ground floor.
58. Mrs X’s personalised housing plan states she requires a two-bedroom property on the ground floor due to her mobility needs. The Council did not consider this when it made the offers. The Council also did not consider the distance to Y’s school. This was fault and caused Mrs X further distress and frustration.

Communication

59. Mrs X said the Council has poorly communicated with her since she approached it for help. I have reviewed the Council’s correspondence with Mrs X which shows the Council was responsive to Mrs X’s queries. Therefore, I cannot say the Council was at fault.

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Agreed action

60. Within one month of the final decision, the Council has agreed to:
• apologise to Mrs X for the distress, frustration and uncertainty caused by the Council’s faults outlined between paragraphs 46 and 58 of this decision statement;
• pay Mrs X £200, being £100 for each week she remained in unsuitable bed and breakfast accommodation;
• pay Mrs X a further £500, being £100 for each month she remained in her property after the Council should have provided interim accommodation;
• reimburse Mrs X with the cost of court fees she had to pay when her landlord applied to court for possession; and
• review the suitability of Mrs X’s temporary accommodation and issue a written decision explaining Mrs X’s statutory rights if she disagrees with it.
61. Within two months of the final decision, the Council has agreed to review with staff the importance of:
• properly considering whether it is reasonable for an applicant to continue residing at a property which is in disrepair and affecting their health;
• properly considering whether it is reasonable for an applicant to continue to occupy the property beyond the expiry of an eviction notice;
• making a suitability decision when applicants are unhappy with temporary accommodation; and
• ensuring offers are in line with its assessment of the applicant’s and its household’s needs.
62. The Council should provide us with evidence it has complied with the above actions.

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Final decision

63. I have completed my investigation. The Council was at fault. The actions I have recommended are a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman