Summary: Ms X complained about the Council’s handling of her homelessness application and complaint. We find fault which caused Ms X avoidable uncertainty and distress. The Council should apologise to Ms X, make a symbolic payment and provide staff reminders to prevent recurrence.

The complaint

1. Ms X complains about the Council’s:
1. Handling of her homelessness application. She says the Council failed to issue her with a homelessness decision letter confirming she was not in priority need. She says she therefore could not request a review or exercise her further appeal rights.
2. Management of her complaint.
2. Ms X says the Council’s faults caused her avoidable uncertainty, distress and led to her becoming homeless for a period.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, 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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What I have and have not investigated

6. Ms X’s complaint is about matters which occurred between late 2022 and early 2023. Ms X did not approach the Ombudsman until October 2023. This is more than 12 months after Ms X first became aware of the complaint issues. However, the available evidence shows there was delay by the Council in completing its complaints process. The records also show Ms X was also in hospital for a period due to vulnerabilities. I have therefore exercised discretion to investigate all of Mrs X’s complaint as explained at paragraph 4 (above).

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How I considered this complaint

7. I have considered information provided by Ms X and the Council during our investigation and made further enquiries as necessary.
8. Ms X and the Council had an opportunity to comment on my draft decision. I consider any comments received before reaching a final decision.

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What I found

Homelessness applications

9. If a council has reason to believe an applicant may be homeless it must make inquiries to satisfy itself what, if any, duty it owes them. (Housing Act 1996, section 184 (1)
10. 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. (Housing Act 1996, section 184, from 3 April 2018 Homelessness Code of Guidance 18.32 and 18.33)
11. Homeless applicants may request a review by the Council within 21 days of the decision on their homelessness application. And if still dissatisfied, can appeal to the county court on a point of law. (Homelessness Code of Guidance section 25)

Interim accommodation

12. While a Council is carrying out inquiries in an applicant’s case it must also secure accommodation for the applicant and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)

Relief and main housing duties

13. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty.
14. The Homelessness Code of Guidance says that where the council is satisfied that the applicant has a priority need and has become homeless unintentionally, the relief duty comes to an end after 56 days.
15. If the applicant’s homelessness has not been successfully relieved by then, the Council will owe them the main housing duty. The Council must ensure suitable accommodation is available for the applicant and their household until that duty is completed. (Housing Act 1996, section 193(2))

The Council’s complaint policy

16. The Council has a two-stage complaints process:
• At stage one- it will acknowledge complaints within two working days. A senior officer will be allocated to investigate the complaint and provide a written outcome within ten working days. In more complex cases, it may take up to 20 working days and the complainant will be kept informed of progress.
• At stage two- it will aim to respond within 20 working days but in some cases, it may take up to 30 working days. Again, it will inform the complainant if this is likely to happen.
17. The LGSCO’s Principles of Good Administrative Practice says we expect councils to be open and accountable. This includes keeping accurate updated records and clearly explaining the rationale for decisions.

What happened

18. The available records say:
• On 10 August 2022, Ms X approached the Council for homelessness assistance, and it completed an initial assessment.
• On 11 August, Ms X attended the Council office again and was verbally advised she would not be provided temporary accommodation as she was not in priority need.
• On 22 August, Ms X attended the Council office and was advised she would receive a Personalised Housing Plan (PHP) and a s184 homelessness decision letter once it completed its enquiries.
• On 18 October, Ms X returned as she had not received her decision letter or PHP and was referred to a senior officer.
• On 20 October, the Council completed Ms X’s homelessness application, accepted a relief duty, and issued Ms X with a PHP on the same day.

Ms X’s complaint

19. In late October, Ms X complained to the Council about the issues she has raised with us.

The Council’s stage one complaint response

20. In its early November 2022 response, the Council:
• Accepted there had been significant delay in progressing Ms X’s homelessness case and apologised.
• Said it would now consider her information and provide an outcome letter.
• Explained it was not under a duty to provide Ms X with interim accommodation while her homelessness application was being considered, as it did not consider her to be in priority need.
• Noted Ms X had sent inappropriate messages to Council officers and advised her to refrain from such behaviour in future communications.
21. Ms X was not satisfied with the Council’s response. On 6 December, Ms X escalated her complaint.
22. The records say the Council advised Ms X she would receive a stage two complaint response by 6 January 2023. However, there is no evidence to show the Council replied as promised or sent Ms X a further update.

Post-complaint events

23. The available evidence says:
• Ms X attended the Council offices on multiple occasions throughout December to try and resolve her ongoing homelessness situation.
• On 21 December, Ms X was reassessed by a supported housing officer.
• On 22 December, Ms X was helped to secure supported accommodation in a hostel.
• On 22 December, the Council issued Ms X with an end of relief duty letter and closed her homelessness case.
24. Ms X explained she did not have anywhere to stay between mid-August and late December, while the Council considered her case and she had to resort to sleeping on the street.
25. In June 2023, Ms X returned to the Council again for homelessness assistance. She also raised the issue of the Council’s failure to provide its stage two complaint response and other issues which are not part of my investigation.

The Council’s stage two complaint response

26. In its early November 2023, response the Council:
• Apologised for the lengthy delay in providing its stage two response.
• Explained it had subsequently reviewed its complaint handling performance objectives and put in measures to prevent recurrence.
• Upheld its stage one response findings in respect of the way it managed Ms X’s homelessness application.
27. Unhappy with the Council’s continued handling of her complaint, Ms X approached the Ombudsman.

The Council’s response to our enquiries

28. The evidence provided by the Council did not:
• Contain a copy of Ms X’s housing file which was requested as part of our enquiries.
• A copy of Ms X’s s184 homelessness decision letter.
• Clearly explain the reasons for the delay in progressing Ms X’s homelessness case between mid-August and late October 2022, and providing her with a decision.
• Explain the reasons for the significant delay in providing its stage two complaint response.
29. The Council has confirmed it now undertakes a weekly review of complaints and makes necessary adjustments to prevent delays.

Was there fault and did it cause injustice?

i) Ms X complains about the Council’s handling of her homelessness application. She says the Council failed to issue her with a homelessness decision letter. She says she therefore could not request a review or exercise her further appeal rights.

30. It is not the Ombudsman’s role to decide what duties the Council owed Ms X when she approached it for homelessness assistance in early August 2022. That is a decision for the Council. However, the Ombudsman can look at whether the Council followed the correct steps in its decision making and any relevant law and guidance in the way it reached and communicated its decisions about Ms X’s application.
31. The available records say the Council initially assessed Ms X’s homelessness application in person. It decided not to offer her interim accommodation as she was not considered to be in priority need. The evidence says the Council verbally advised Ms X of the outcome (Paragraph 18). However, the records do not show how the Council considered the issue of Ms X’s eligibility for interim accommodation or that it sent Ms X a decision letter explaining its reasons. The Council’s failure to do so is fault and inconsistent with the law as set out at paragraph 12 (above). It is also inconsistent with the Homelessness Code of Guidance and the LGSCO’s Principles of Good Administrative Practice (Paragraph 17), which require the Council to clearly record and set out reasons for its decisions. This meant Ms X experienced uncertainty and distress about whether the Council had correctly decided her case. This is injustice.
32. In mid-August 2022 the Council provided Ms X with an assurance it would progress its further enquiries and send her a s184 decision letter (Paragraph 18). However, this did not happen, and Ms X had to return to the Council offices in mid-October seeking an update. The records say, the Council then completed Ms X’s housing application, accepted a relief duty, and provided Ms X with a personalised housing plan. However, in my view, it is unclear why the Council was unable to complete these tasks and reach a similar conclusion at an earlier stage. The Council also accepts there was delay and apologised in its stage one response (Paragraph 20). It also promised to consider Ms X’s information and provide a s184 homelessness decision letter explaining its reasons and setting out her subsequent review and appeal rights. The records do not show the Council ever issued the letter. I find the Council at fault for delay in progressing Ms X’s application between mid-August and late October 2022 and failed to provide her with a homelessness decision letter in line with the law as set out at paragraphs 9 and 10 (above). This meant Ms X experienced avoidable uncertainty and distress about the outcome of her application and was unable to exercise her further review and appeal rights. This is injustice.

ii) Ms X complains about the Council’s management of her complaint.

33. The records show the Council acknowledged Ms X’s stage one complaint and provided a response (Paragraph 20) in line with its complaints policy timescales (Paragraph 16). I do not find fault with this aspect of Ms X’s complaint.
34. However, the available records say Ms X was not satisfied with the Council’s stage one response and escalated her complaint on 6 December 2022. The Council acknowledged Ms X’s request but did not provide its stage two response until November 2023, almost 13 months later. The available records also do not show the Council sending Ms X any further updates explaining the reasons for the delay. The Council’s significant delay in providing its response is fault and inconsistent with its complaints policy. This says the Council will respond within 20 working days of the escalation request and in some instances 30 days but will advise the complainant if this is likely to happen. Based on the evidence seen, in this instance the Council did not complete either of these important steps. This caused Ms X avoidable uncertainty, frustration and distress about how her complaint had been managed and she felt the need to approach the Ombudsman. This is injustice.

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Agreed action

35. Within one month of my final decision, the Council should:
1. Write to Ms X and apolgise for:
• Failing to send Ms X a decision letter about why she was not eligible for interim accommodation and any avoidable uncertainty and distress caused.
• Delays in progressing Ms X’s homelessness application between mid-August and late October 2022 and any avoidable uncertainty and distress caused.
• Failing to issue Ms X with a s184 homelessness decision letter and any avoidable uncertainty and distress caused to her in not being able to exercise her further review and appeal rights.
• Its significant delay in providing its stage two complaint response and any uncertainty and distress caused to Ms X.
1. Make a symbolic payment to Ms X of £300 to reflect the avoidable uncertainty and distress caused to Ms X by the faults identified in this statement.
2. Remind staff dealing with complaints about the importance of adhering to its published timescales and sending appropriate updates to complainants where delays are anticipated.
36. The Council should provide us with evidence it has complied with the above actions.

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Final decision

37. I find fault the Council at fault which caused injustice to Ms X. I have made recommendations to address the injustice caused which the Council has agreed. This is an appropriate remedy.
38. I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman