Summary: Miss X complained the Council failed to provide her with suitable long-term accommodation. There was no fault in the way the Council dealt with Miss X’s housing situation.

The complaint

1. Miss X complained the Council has failed to provide her with suitable long-term accommodation. She is unable to bid on the Council’s housing allocation scheme and she says the Council has failed to take into account her mental health and her risk of domestic abuse. Miss X says this has worsened her mental health.

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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. 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

4. Miss X raised concerns about the condition of properties the Council provided to her over a number of years. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. If Miss X had concerns about her accommodation, it was open to her to come to us at the time. Miss X also had the opportunity to request a review of any accommodation provided to her by the Council as temporary accommodation before the Council discharged its homelessness duty to her in late 2016. There are no good reasons to investigate the issues now. I have considered what has happened since 2022 when Miss X says she raised concerns to the Council that she was at risk of domestic abuse following a Multi Agency Risk Assessment Conference (MARAC).

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How I considered this complaint

6. I have considered the information provided by Miss X and discussed the complaint with her on the telephone. I have considered the Council’s response to my enquiries and the relevant law and guidance.
7. I gave Miss X and the Council the opportunity to comment on a draft of this decision. I considered any comments I received in reaching a final decision.

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What I found

Housing allocations

8. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14)) Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.
9. An allocations scheme must give reasonable preference to applicants in the following categories:
• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others.
  (Housing Act 1996, section 166A(3))

Homelessness

10. 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). Examples of priority need include people with dependent children, people who are vulnerable due to serious health problems, disability or old age and victims of domestic abuse.

The Council’s complaints procedure

11. The Council’s complaints procedure states that complainants will receive a response within 20 working days. It states that if the complainant is not happy with the response they can request a review.

What happened

12. Miss X lives in a privately rented one bedroom property in the Council’s area. At the time Miss X’s teenage child was living with her.
13. In April 2022 the police wrote a letter ‘to whom it may concern’ following a Multi-agency Risk Assessment Conference (MARAC) – a meeting of relevant professionals who discuss how to help individuals at risk of harm due to domestic violence and abuse. The letter stated that Miss X was referred to the MARAC as a high risk victim of domestic violence. It said the MARAC put a safety plan in place to protect Miss X from further harm. In order for the risk to be managed it said Miss X required priority housing accommodation outside of the Council’s borough only, as she required a safe place to live as the perpetrator’s activities were within the borough. It is unclear who, if anyone, within the Council received a copy of this letter. The Council’s homeless prevention and advice service (HPAS) says it did not receive a copy.
14. In August 2023 Miss X complained to the Council about the quality of flats she had been housed in previously and the impact her accommodation had on her mental health conditions. In the complaint she stated her ex-partner found her and had started threatening her. She stated the police wrote to the Council but it ignored the letter. Miss X stated she had been living in fear for over a year.
15. The Council responded to Miss X at the first stage of its complaints procedure in October 2023. It apologised for the delay in responding. It said Miss X did not have an application with HPAS. It said a manager had attempted to speak with Miss X but she was not available to take the call. It provided her with a link to complete a homeless application form online and advised her to report any current issues of disrepair to the Council’s Private Sector Housing Standards Team. It explained that securing permanent social housing could only be achieved through bidding for properties. It said Miss X was unable to bid as she was assessed as adequately housed.
16. Miss X remained unhappy and asked for her complaint to be considered at the next stage. A senior officer emailed Miss X to find out what help Miss X was seeking from the Council. Miss X responded that she was a victim of domestic violence and was supposed to be moved but nothing happened. Miss X said she needed a long term solution.
17. The senior officer asked if Miss X was currently unsafe or was she looking to get back on the housing register? Miss X responded that she felt the Council had treated her unfairly. She received constant calls and was in fear of the perpetrator turning up at her property. The MARAC said she needed to move and she wasn’t. She called and asked about getting a two bedroom property when her child moved in and she raised issues about previous properties she had lived in.
18. The senior officer responded that it appeared Miss X wanted social housing and not another homelessness application. They advised her housing application was currently dormant. They asked if she had contacted police about her concerns and what Council areas may be safe for her. The officer said that with her permission they would get someone from the domestic violence service to contact her and provided the details if Miss X preferred to contact then direct, which she said she would do.
19. The senior officer spoke with the housing team who reported that Miss X was considered adequately housed so was not eligible to bid. The officer explained to Miss X that waiting times for social housing were long and it was allocated through the housing register and allocations scheme. They explained Miss X’s only option was a potential homelessness application. They said the Council could help her through the process or the domestic violence service could advocate on her behalf. They said if she felt unsafe in the Council’s area she could apply to anywhere in the country. They offered to guide her through a homelessness application over the phone or to arrange for someone to meet her at the housing hub.
20. Miss X said her GP had asked the Council to find her permanent accommodation due to the impact on her mental health and this was ignored. The officer explained that neither the police nor GP can provide an alternative route to social housing. The officer again offered to refer Miss X for domestic abuse support or for support with her mental health. They provided a named contact should Miss X wish to make a homelessness application.
21. The senior officer provided a written response to the complaint at stage two of the Council’s complaints procedure. They reiterated that if Miss X was not safe, she should make a homelessness application, in phone or in person, and there was no need to complete a form. She could also apply anywhere in the country. They understood Miss X wanted permanent housing but that was not possible unless through the housing allocations scheme. They had liaised with the housing register team who considered Miss X was adequately housed. They provided a link to a medical application form if Miss X considered her medical condition was worsened by her current property.
22. Miss X has since confirmed that her child is no longer living with her.

Findings

23. The Council has no record of receiving a copy of the police letter following the MARAC in April 2022. The letter was addressed to ‘to whom it may concern’. I have seen no evidence the Council received the letter and failed to act. In any case the letter suggested Miss X needed housing outside of the borough. If it had received it, the Council was unlikely to award additional priority under the housing allocations scheme given the letter specifically stated that she needed accommodation outside of its area.
24. Miss X complained to the Council in August 2023. In responding to Miss X’s complaint, the Council explained how she could approach it as homeless. It offered to talk her through the process and offered to refer her for domestic abuse support. Miss X has chosen not to pursue homelessness. The Council provided appropriate advice to Miss X and was not at fault.
25. Miss X wants long term social housing provided by the Council. Social housing is allocated based on the Council’s housing allocations scheme and the demand for social housing far outstrips supply. The Council considers Miss X is suitably housed and so she is unable to bid for properties through the Council’s housing register. It is open to Miss X to provide updated information to the lettings team regarding any risks or medical needs and ask it to reassess her priority. Should she disagree with the Council’s decision on her priority, Miss X will have a right of review.

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Final decision

26. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman