Summary: Mr X complained about the way the Council dealt with him when he asked it for help with housing. Mr X said he spent time in unsuitable accommodation and believed he missed out on gaining social housing. We found the Council at fault for how long it took to assess Mr X’s homelessness and decide to owe him the main housing duty. We also found the Council at fault for the way it handled his housing register application. To remedy the injustice caused the Council agreed to apologise to Mr X, make a payment to recognise the distress caused and the time he spent without accommodation and carry out a service improvement.

The complaint

1. Mr X complains the Council:
1. Did not properly handle his homelessness application.
2. Did not properly consider his banding on its housing register.
3. Assessed him as suitable for private rented accommodation.
4. Wrongly included income it should have discounted in its financial assessment.
5. Placed him into unsuitable accommodation.
6. Did not consider his reasonable adjustment about his visual disability.

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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. 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)
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
6. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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What I have and have not investigated

7. I have not investigated whether Mr X’s accommodation is suitable for him. Mr X can exercise his review rights and ask the Council to review the suitability of this accommodation if he thinks it is not suitable for him. Also, Mr X has brought a legal claim against the Council, part of which includes a claim the Council offered him accommodation which was unsuitable. We cannot consider the suitability of Mr X’s accommodation as he has started court action against the Council.
8. I have not looked at whether the Council considered putting in place reasonable adjustments for Mr X. This is because he has started court action against the Council about this matter.
9. This investigation will only focus on complaints a) to d) above.

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How I considered this complaint

10. As part of this investigation I considered the information provided by Mr X and the Council. I made enquiries with the Council and considered the information received in response. I sent a draft of this decision to Mr X and the Council and considered comments received in response.

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What I found

Homelessness

11. 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.
12. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
13. Councils can suggest alternative solutions in cases of potential homelessness where these would be suitable and acceptable to the applicant. However councils must not do this to avoid their legal duties, especially the duty to make inquiries into the applicant’s homelessness. The Ombudsman has criticised councils for ‘gatekeeping’ practices, for example, failing to take a homelessness application at the earliest opportunity.
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. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. 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)
16. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
17. If 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. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
18. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.
19. The main housing duty ends when an applicant:
• accepts an offer of a tenancy made under Part 6 (an offer under the allocations scheme); or
• refuses a final offer of suitable Part 6 accommodation (having been informed of the possible consequences of refusal and the right to a review about suitability); or
• refuses an offer of suitable Part 7 temporary accommodation (having been informed of the possible consequences of refusal and review rights); or
• becomes intentionally homeless from the accommodation secured by the authority; or
• voluntarily ceases to occupy the section 193 accommodation secured by the authority; or
• accepts or refuses a private rented sector offer.
20. When assessing the suitability of accommodation the Council can consider an applicant’s social security benefits. (Homelessness Code of Guidance paragraph 17.48)

Housing register

21. 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))
22. 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))
23. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises. When a housing applicant applies to the Council for a place on its housing register the Council will consider the information provided by the applicant to determine their eligibility and housing need. If the Council is satisfied the applicant is eligible it will then check all the required documentation is provided and award the applicant a housing band.
24. The bands are: emergency, gold, silver and bronze. Emergency band is only awarded in exceptional cases. Where an applicant is given the emergency band, they will receive a direct offer of housing by the Council based on their specific housing need. Applicants awarded gold, silver or bronze bands must bid for advertised properties to secure new accommodation.

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What happened

25. In January 2023, Mr X applied to the Council for homeless assistance after a relationship breakdown. Notes from the initial telephone call between Mr X and the Council showed Mr X told the Council his ex-partner intended to leave the property and wanted Mr X and his children to take over the tenancy. The notes also showed Mr X said he did not have any accommodation and had left his ex-partner’s property.
26. In early February 2023, the Council contacted Mr X’s ex-partner, to verify his homelessness. Mr X’s ex-partner told the Council she was keeping the property and Mr X could not live there.
27. On 13 March 2023, the Council carried out an initial assessment of Mr X’s homelessness. Mr X told the Council he had been staying in his car and had spent the occasional night at a friend’s house. Following the assessment the Council decided it owed Mr X the relief duty and agreed to provide interim accommodation.
28. On 20 March 2023, the Council wrote to Mr X and told him it owed him the relief duty. The Council also sent Mr X a copy of his Personalised Housing Plan. Mr X moved into interim accommodation on 20 March 2023. This was a room in a shared house.
29. Mr X also applied to join the Council’s housing register around this time. In July 2023, after it had received all the information sought from Mr X, the Council decided Mr X could join the Council’s housing register. The Council placed him into Silver Band for homelessness, as it owed him a homelessness duty.
30. Mr X tried to contact the Council several times in the latter part of 2023 without receiving a response to some of his communications. Mr X raised concerns about his Banding on the housing register given his medical issues.
31. In the latter part of 2023, Mr X contacted the Ombudsman. Mr X said he believed the Council had placed him in the wrong Band on its housing register as it had not considered his medical issues. Mr X said the Council had placed him in unsuitable housing. The Ombudsman passed Mr X’s complaint onto the Council for it to consider through its complaints process. The Ombudsman told the Council Mr X needed documents in large print due to his visual impairment.
32. In late December 2023, the Council told Mr X it would re-assess his Banding following his complaint. The Council arranged for Mr X to have a housing needs assessment by an Occupational Therapist. This assessment found Mr X needed ground floor accommodation or accommodation with one flight of stairs with a handrail and well lit rooms.
33. On 11 January 2024, the Council responded to Mr X’s complaint. The Council said it had reallocated Mr X’s case to a new Housing Options officer and Support and Inclusion officer. The Council also reassessed Mr X’s Banding on its housing register. The Council told Mr X as he was homeless and had temporary accommodation it would not assess his housing needs as he had the right to seek a suitability review of the accommodation.
34. Mr X remained dissatisfied and asked the Council to consider the complaint at the next stage of its process. In early February 2024, the Council visited Mr X to discuss his complaint. Mr X raised the following concerns:
• The Council had not responded some emails and telephone calls since March 2023 after he moved into the interim accommodation. Mr X said he believed he had missed out on getting social housing.
• The Council said he could move into private rented accommodation and had included his Personal Independence Payments in its affordability assessment.
• The Council placed him in the wrong Band on its housing register.
• The Council had not considered his visual disability when corresponding with him.
35. On 4 April 2024, the Council decided it owed Mr X the main housing duty. The following day the Council offered Mr X alternative temporary accommodation. This was a room on the ground floor of a shared house. Before offering Mr X this accommodation, the Council carried out a suitability assessment and considered how he could manage in this property in light of his medical conditions.
36. On 8 April 2024, the Council provided its final response to Mr X’s complaint. The Council said:
• It decided Mr X should have Silver Banding for homelessness on its housing register. Following Mr X’s complaint the Council considered whether it could move him into the Emergency Band. It decided he did not have an exceptional homeless need on the basis the needs which his housing needs assessment identified could be met in the private sector.
• It did not respond to some of Mr X’s communications. The Council said this did not result in Mr X missing out on an offer of social housing. This was because during this period, Mr X was not getting into the top 50 applicants for properties he placed bids on.
• It could consider Mr X’s Personal Independence Payments when deciding whether accommodation in the private sector was affordable for him. The Council explained this was in relation to the Council providing accommodation in the private sector to end the main housing duty it owed Mr X. The Council said it did not consider Personal Independence Payments when assessing someone’s financial capability to qualify for the housing register, however this was something separate.
• It had no information to support Mr X’s view that accommodation in the private sector was unsuitable for him. The Council said it did not believe it was being discriminatory to Mr X by saying he could move into accommodation in the private sector.
• It had sent Mr X certain documents in standard print instead of large print between March 2023 and March 2024. The Council said it believed Mr X had audio set up on his phone so he could access these documents but recognised it should have sent these in large print. The Council apologised and offered Mr X £100 for its failure to enquire about any reasonable adjustments. The Council said it would provide further training to staff about reasonable adjustments and would amend its initial assessment form to prompt officers to ask about any reasonable adjustments.
37. Mr X remained dissatisfied and complained to the Ombudsman.
38. On 10 April 2024, Mr X moved into alternative temporary accommodation. On the same day the Council provided him with the licence documents for this accommodation but this was in small print.

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Analysis

Mr X’s homelessness application

39. Mr X first approached as homeless in January 2023. At this time there was the possibility that Mr X could take over his ex-partner’s tenancy as she wanted to move, however the notes on his homelessness file say he had left this property and was staying with different people. In early February 2023, it became clear that Mr X’s ex-partner would keep living at the property and not let him take over the tenancy.
40. The Council should have carried out its homelessness assessment of Mr X in January 2023 when he first approached it for help and told it he was homeless. Instead it waited until 13 March 2023 to do this. This was fault. By this time Mr X had nowhere to live and was either staying intermittently with friends or sleeping in his car.
41. Had the Council carried out the homeless assessment sooner, I consider on balance it would have decided to provide Mr X with interim accommodation much sooner. Mr X may not have had to spend time sleeping in his car or trying to arrange where to stay on a nightly basis with various friends.
42. The Council decided to owe Mr X the relief duty on 20 March 2023, however it took the Council until 4 April 2024 to decide whether to owe Mr X the main housing duty. I cannot see any reasons it took the Council this long to decide to owe Mr X the main housing duty. The Council had most of the information it needed to make a decision shortly after Mr X’s homelessness application.
43. While Mr X was living in interim accommodation at this time, he did not consider this was suitable. As it was interim accommodation he could not seek a review of the suitability of this accommodation as the Council had not decided whether to owe him the main housing duty.

Mr X’s housing register application

44. After Mr X applied to join the Council’s housing register, the Council assessed him as being in Silver Band for homelessness. This was on the basis it owed him the homeless relief duty.
45. Mr X asked the Council to relook at his banding based on the medical conditions he suffered with. The Council upheld his Silver Banding for homelessness on the basis the Council owed him a homelessness duty already and he was in temporary accommodation so could seek a review of his accommodation. While the Council owed Mr X the homelessness relief duty at this time, he was living in interim accommodation not temporary accommodation, therefore he had no right to seek a suitability review of his accommodation. I cannot see how the Council has considered this point. This was fault.
46. Mr X could not ask for a review of his current accommodation which, from the correspondence, he did not feel was suitable. Nor could Mr X try to increase his priority on the housing register as the Council would not assess his needs on the basis he was on the register as a homeless person. This is an injustice to Mr X.
47. Given the significant delays by the Council in deciding whether to owe Mr X the main housing duty (as discussed earlier) the Council should have considered if it could exercise discretion to consider whether Mr X’s housing was impacting on his health condition, or at the very least looked at whether Mr X met the criteria for the emergency band much sooner than it finally did in April 2024.

Affordability assessment for private rented accommodation

48. The Council has included Mr X’s Personal Independence Payments in its assessment about whether he can afford accommodation in the private sector. I have not found the Council at fault. The law allows the Council to consider someone’s social security benefits as part of an affordability assessment. The Council has explained this to Mr X.

Private sector rented accommodation

49. I have not found the Council at fault for considering Mr X eligible for private rented accommodation. While Mr X has provided evidence that he has several medical conditions, the Council has considered this with the results from his housing needs assessment.
50. The Council found the accommodation needs Mr X has could be met in the private rented sector. While I recognise Mr X disagrees with this decision, I do not consider there has been fault in the way the Council made the decision.

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Agreed action

51. Within one month of my final decision the Council agreed to carry out the following:
• Apologise to Mr X for the faults identified.
• Pay Mr X £600 for the to recognise the time he spent without accommodation as a result of the delays carrying out his homeless assessment and providing him with interim accommodation.
• Pay Mr X £200 to recognise the distress caused to him because of the time taken to owe him the main housing duty and the fact he had no ability to ask for a review of his interim accommodation.
• Consider its allocation policy and whether it should make any changes so that people in Mr X’s position (i.e. where they have been owed a homelessness duty but are living in interim accommodation and suffer with medical conditions which could be impacted by their interim accommodation) have a means to increase their priority on the housing register.
52. The Council should provide us with evidence it has complied with the above actions.

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Final decision

53. I have completed my investigation and found the Council was at fault and this caused injustice to Mr X. The Council has agreed to the above actions to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman