Summary: Ms X complains about the way the Council dealt with her homelessness and housing register applications causing distress and financial hardship. We found fault as the Council delayed dealing with the applications and have recommended a suitable remedy. So, we have completed our investigation into the complaint.

The complaint

1. I have called the complainant Ms X. She complains there were failings in the way the Council dealt with her homeless application, housing allocation application and responded to her complaints about the matter. In particular Ms X says:
• She had difficulty contacting her housing officer and the Council often changed officers without notice. Ms X says the Council failed to respond to her complaints about the matter.
• The Council asked her to provide information already supplied and there were errors in the information held by the Council.
• Despite telling the Council in September 2022 she was being evicted by her landlord, she and her family were placed in Bed and Breakfast (B&B) accommodation in October 2023. Ms X says this was due to the Council’s lack of communication. And she missed out on being rehoused during the delay in considering her homelessness application and before her landlord served a bailiff warrant.
• The B&B accommodation was unsuitable for the family due to lack of facilities, and she had difficulties getting her children to their schools.
• The Council delayed allocating her a Locata number for her housing register application so she could bid for properties.
2. Ms X says the Council’s failures in her case caused distress to her and her family and financial hardship.

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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. 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

6. I have read the documents submitted by Ms X and spoken to her about the complaint. I considered information from the Council and the supporting documents it provided.
7. Ms X and the Council now have an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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What I found

Summary of the relevant law and guidance

Homelessness

8. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
9. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:
• 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)
10. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness.

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)

The relief duty

12. 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)

The main housing duty

13. 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 duty. (Housing Act 1996, section 193)

Duty to arrange interim accommodation (section 188)

14. 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)
15. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
16. Councils should avoid using B&B 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 from 3 April 2018 17.30)
17. B&B 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. B&B 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 from 3 April 2018 Homelessness Code of Guidance paragraph 17.32)

Rights of Review

18. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.32 and 18.33)
19. Homeless applicants may request a review within 21 days of being notified of the decisions including:
• 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 relief duty to an end.
• 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.

Housing Allocations

20. 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))

The Council’s Housing Allocations Policy

21. The Council determines the housing need of an applicant by assessing their current housing circumstances. It will then allocate a priority band according to the urgency of housing need. It uses four priority bands:
• Band A – highest priority – awarded if an emergency and very severe housing need.
• Band B- second highest – awarded if an urgent need to move.
• Band C- third highest – with an identified need to move.
• Band D- Homeless applicants who do not satisfy the 10-year continuous residence rule.
22. If the level of need in each band is similar the Council makes on offer to the person who has been waiting the longest in the band. This is known as priority date order. The priority date is awarded either on the date of the original application or on the date the Council was notified of a change in circumstances.
23. For homeless applicants who satisfy the Council’s 10-year continuous residence rule the Council will place them in:
• Band A- in temporary accommodation (TA) secured by the Council but landlord wants the property back AND the Council cannot find alternative suitable TA. Where applicant fails to successfully bid within 6 months, a direct offer of suitable accommodation will be made. If property refused the Council will discharge its duty under part 7 and withdraw any TA.
• Band B – in B&B, council hostel or women’s refuge.
• Band C- in other forms of TA or has no accommodation.
• Band D – if an applicant is threatened with homelessness whether or not they satisfy the 10-year rule they will also be placed in band D.

Key events leading to the complaint

24. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
25. Ms X lived in privately rented three bedroomed property with her children. Ms X approached the Council’s Homeless Prevention team in September 2022 as her landlord had served a section 21 Notice on her to end her tenancy. Ms X chased for a response during September 2022. The Council says the delay was due to the volume of cases needing attention.
26. The Council allocated Ms X’s case to a housing officer I will refer to as Officer B to consider Ms X’s homelessness situation. Officer B considered Ms X’s case and asked her to provide documents.
27. Ms X submitted a housing register application in October 2022. The Council considered Ms X had no identified housing need. This was because she had a three bedroomed need and lived in a three bedroomed house so was considered adequately housed. The Council closed Ms X’s housing register application and said she could request a review.
28. Ms X contacted the Council in October 2022 and asked for a call back from Officer B. Ms X chased several times for a response in November 2022 and January 2023. Officer B contacted Ms X in January 2023. Ms X explained she had received court documents from the landlord to end the tenancy. Ms X made a homelessness application to the Council and another housing register application as she was at risk of losing her home.
29. The Housing Register team sent Ms X a medical form to complete. Ms X advised the information was on her homelessness application. Ms X included a 10-year history document to show she had lived in the area for that amount of time. The Council uploaded the documents to Ms X’s housing register case.
30. In May 2023 Ms X told the Council her landlord had been granted a possession order for the property by the courts. The Council confirmed to Ms X she had been advised to remain in the property until the landlord received a bailiff warrant to evict her. The Council said if Ms X moved before the bailiff warrant it would consider her to be intentionally homeless.
31. The Council allocated a new housing officer, Officer C to Ms X’s case who contacted Ms X for information.

Complaint to Council

32. Ms X complained to the Council about the lack of contact from Officer B allocated to her case in September 2022. Ms X said Officer B did not respond to her until January 2023. And the officer had not taken any action or telephoned her in February 2023 as agreed to discuss her case. Ms X contacted the Homeless Prevention team in May 2023 when she had the possession order to chase a response. Ms X said Officer C called seeking information Ms X had previously sent. Ms X felt the Council neglected her case at a distressing time for her.
33. The Council responded to Ms X’s complaints. The Council apologised for the delay but noted her case had now been allocated to Officer C. The officer had spoken to Ms X and explained the process the landlord would need to follow to recover possession of the property. While her landlord had a possession order they still needed to apply to the court for an eviction notice. A bailiff would then tell her the date and time of the eviction. The Council asked Ms X to send the information Officer C requested to assess Ms X’s current circumstances and review her personalised housing plan (PHP).
34. The Council said it would do all it could to help Ms X find suitable accommodation before she was evicted. But she may have to wait because of more people looking for suitable and affordable accommodation than there were properties to let. The Council encouraged Ms X to keep looking for properties herself.

Action on homelessness application

35. Officer C contacted Ms X’s landlord in June 2023 to try to negotiate keeping Ms X’s tenancy going at the property. In July 2023 Ms X told Officer C the landlord had obtained a bailiff’s warrant for her to leave in October 2023. The Council prepared a PHP for Ms X setting out the actions agreed Ms X and housing services would take to address her situation.
36. Officer C noted the landlord could not continue with the tenancy. The Council noted the date of Ms X’s approach for assistance as 24 August 2023 and started a prevention duty. It ended its prevention duty towards Ms X the same day and accepted a relief duty. The Council told Ms X it had a duty to take reasonable steps over the next 56 days to help her secure interim TA. The Council allocated Ms X a new housing officer, Officer D.
37. On the eviction date in October 2023 the Council arranged interim TA accommodation at a B&B for Ms X and her family. Ms X complained to the Council about the family’s living conditions in the B&B accommodation and impact on to them. Ms X tried to contact Officer D in November 2023 but found the officer no longer working for the Council. Ms X was allocated a new officer, Officer E who spoke to Ms X.
38. The Council allocated Ms X different TA at the end of November 2023 and advised it had ended the relief duty. This was due to the 56 days lapsing and it had complied with the relief duty.

Main Housing duty

39. The Council accepted a main housing duty towards Ms X to provide her with accommodation. It sent Ms X a letter about her housing banding and said she was in Band B for B&B accommodation with an enhanced Band A for 10 years continuous residency from 29 November 2023. This was the date the Council accepted a housing duty towards her. The Council told Ms X it had set her up for auto bidding on properties to ensure she used her three bids a week to secure move-on accommodation as quickly as possible. But due to the severe shortage of housing throughout London and the Borough the waiting times for social housing were increasing as demand outweighed supply.
40. In January 2024 the Council wrote to Ms X to advise she was now in Band C as it had accepted a main housing duty towards her from 23 November 2023. The Council noted she had a three bedroomed requirement, and she had enhanced Band B for 10 years residency.

Council comments on the complaint

Delay dealing with Homelessness application

41. The Council accepts there were delays at the start of Ms X’s contact about her tenancy. The delay between October 2022 and January 2023 was due to officer B’s unavailability. There were further delays from January 2023 to May 2023 as the officer went on sick leave and Ms X’s case not allocated due to the amount of work to catch up on. The Council apologised for the number of changes of housing officers Ms X experienced. This was due to several changes of staff within the housing department and sick leave.

My assessment

42. The Council’s comments say Ms X made a homelessness application in January 2023. But the Council later says the application and approach for assistance was in August 2023. The Council seems uncertain when Ms X made her application.
43. But Ms X did approach the Council for assistance in September 2022 as she may be homeless or threatened with homelessness. So, the Council must consider whether it has a prevention duty towards Ms X. And it must carry out an assessment within the next 56 days to determine if that was the case and whether Ms X was eligible for assistance. The Council also had a duty to provide access to advice and assistance to Ms X. And to draw up a PHP which sets out the steps the Council and Ms X will take if has a prevention duty. So according to the regulations the Council should have considered whether it had this duty to Ms X in September 2022. There is no evidence to suggest the Council took such action. Its failure to do so was fault.
44. The Council says Ms X made a homelessness application in January 2023, so again it should have considered the prevention duty if that was point the Council considered Ms X made a homelessness application. There is no evidence the Council did so until May 2023 which is further fault. So, the Council did not act on Ms X’s section 21 notice for eight months which is fault.
45. While I consider the Council should have considered Ms X’s homelessness situation in September 2022, it is unlikely she would have been given TA during this time. This is because the Council confirms Ms X would have been allocated Band D as she was threatened with homelessness, a low priority. In addition, the Council has a shortage of accommodation and Ms X remained in her accommodation. So, I consider any injustice caused by the Council’s delay in considering whether it had a prevention duty will be limited to uncertainty about her situation, and frustration at the Council’s lack of contact. To remedy the injustice caused I recommend the Council apologises to Ms X. The Council should also make a payment of £250 to her in recognition of the uncertainty and frustration caused by its delay in considering whether it had a prevention duty towards her.

Frequently asked to provide information already supplied

46. The Council confirms Officer C requested more information in June 2023 as Ms X had not provided the information it needed about her housing benefit. It says officer C could/should have issued Ms X with Band B prevention (urgent need to move) at this point. But it is satisfied Ms X was not unfairly bypassed for any three bedroomed properties due to any delay.
47. The Council says the housing register applications are assessed by a different team and it is standard practice to send out a further information request. But it added the information Ms X said was held on the homelessness application when she advised of this.

My assessment

48. I appreciate it may have been frustrating for Ms X to have to provide information and some of it repeated. But the homelessness and housing register applications are different procedures dealt with by different teams. In addition, the Council needs to ensure it has up-to-date information. While there may have been some errors in the Council’s information until corrected, I do not consider it has caused such a significant injustice to Ms X to warrant any further investigation.

Unsuitable B&B accommodation

49. The Council confirmed Ms X was allocated a family room which had 4 ‘bedspaces’ considered to be adequate for her and her children. At the time of the offer of accommodation this was the only accommodation available and was for a short period only. The accommodation provided the family with their own bathroom facilities however no cooking facilities.
50. The Council says it struggles to find suitable accommodation within the borough. But has managed to secure temporary accommodation as close to the borough as possible. The Council confirms it is continuing to try and secure alternation affordable temporary accommodation. The Council’s Homefinders (Housing applications) team are also searching for suitable and affordable private rented accommodation for accepted homeless cases. However, the Council is finding it difficult to do so with the high rents in the London areas including within the borough.

My assessment

51. Ms X describes difficulties while living in the B&B accommodation. But due to the lack of TA available the Council confirms it was the only accommodation available to it to offer Ms X. The Homelessness Code of Guidance says Councils can used B& B in such circumstances but for no more than six weeks. Ms X was in the B&B from 3 October 2023 to 28 November 2023 being eight weeks. This was two weeks longer than the Code of Guidance says families should be in such accommodation. It is unfortunate that due to lack of accommodation the Council could not find more suitable TA before the six weeks ended. This is service failure by the Council. But the service failure is fault as the Council kept Ms X in B&B accommodation for longer than six weeks and so Ms X has been caused an injustice through distress.
52. Our Guidance on Remedies suggests a weekly payment range of £100 – 200 per week as a remedy for families who have been kept in B&B accommodation for longer than the Code says. I recommend the Council apologises to Ms X for keeping her in B&B accommodation for the two longer than the Code says. And makes her a payment of £300 being £150 per week due to the family’s circumstances. I recommend the amount of £150 as the accommodation had four ‘bedspaces’ to accommodate the family and its own bathroom.

Delayed allocating a Locata number

53. The Council accepts a delay in allocating Ms X a housing banding. But confirms the urgency for banding an applicant is at the accepted homeless stage. The Council allocates a client with no housing need Band D at the prevention stage. It also allocates Band D at the relief stage. There is only an alternative banding at an accepted homeless stage where the applicant has 10 years continuous residency.
54. The Council confirms that between January 2023 and 28 November 2023 it would have allocated Band D to Ms X. Due to the demand in social housing it has not been able to house a client needing over two bedrooms in Band D. And it has not been able to house a Band D applicant needing a three bedroomed property since July 2013.

My assessment

55. The Council accepts it delayed in allocating a housing band to Ms X. But it would have allocated Band D and so it was unlikely Ms X would have been allocated a three bedroomed property during that time. The delay in allocating Ms X a banding is fault by the Council. But I consider any injustice to Ms X is limited to uncertainty during this time as to her banding and when she could place bids for properties. This is because Ms X was able to remain in her three bedroomed accommodation during that time. I recommend the Council apologises to Ms X for the delay in allocating her banding and makes a payment to her of £250 to recognise the uncertainty caused.
56. However, the Council says in its comments that although Officer C could/should have issued Band B prevention (urgent need to move) in June 2023, it was satisfied Ms X would not have been unfairly bypassed on any three bedroomed properties due to any delay. So, it not fully clear what banding the Council considers it should have allocated to Ms X. Therefore, I recommend the Council reviews the banding that should have been allocated to Ms X between September 2022 and November 2023.
57. If the review shows the Council should have allocated Ms X Band B at any point rather than in Band D, then it should consider whether Ms X would have been offered a property between those dates. If the Council considers Ms X should have been Band B and has missed out on being made an offer of a property, then the Council should apologise to Ms X and make her an offer of a suitable financial remedy for the missed opportunity of being offered a property.

Agreed action

58. To remedy the injustice caused to Ms X I have identified in paragraphs 45, 51 and 55 the Council will, within one month of the date of my final decision:
• Apologise to Ms X and make a payment of £250 to her in recognition of the uncertainty and frustration caused by its delay in considering whether it had a prevention duty towards her.
• Apologise to Ms X for keeping her in B&B accommodation for two weeks longer than the Code says. And make a payment to her of £300 being £150 per week due to the family’s circumstances.
• Apologise to Ms X for the delay in allocating her a housing banding and make a payment to her of £250 to recognise the uncertainty caused.
• Review the banding that would have been allocated to Ms X between September 2022 and November 2023. If the review shows the Council should have allocated Ms X Band B at any point rather than in Band D, then it should consider whether Ms X would have been offered a property between those dates. If the Council considers Ms X should have been Band B and has missed out on being made an offer of a property, then the Council should apologise to Ms X and make her an offer of a suitable financial remedy for the missed opportunity of being offered a property.
59. The Council should provide us with evidence it has complied with the above actions.

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Final decision

60. I have completed my investigation. There is evidence of fault and service failure by the Council. I have recommended a suitable remedy for the injustice caused in this case.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman