Summary: Mrs Y complains on behalf of Mr X that the Council delayed in assessing his homelessness application and issued contradictory information. Mrs Y also says the Council delayed in responding to Mr X’s representatives and have not addressed the issues of his complaint. Mrs Y says this caused Mr X confusion and upset. We have found fault in the actions of the Council for delaying its assessment and for its complaint response. We have recommended a financial remedy and service improvements.

The complaint

1. Mrs Y complains on behalf of Mr X the Council delayed in assessing his homelessness application and issued contradictory information. Mrs Y also says the Council delayed in responding to Mr X’s representatives and have not addressed the issues of his complaint.
2. Mrs Y says this caused Mr X confusion and upset.

Back to top

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 investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended).
5. 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. (Local Government Act 1974, sections 26B and 34D, as amended. In this case the Council directed Mr X to the wrong Ombudsman service so I am using my discretion to consider the complaint.
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)

Back to top

How I considered this complaint

7. I considered the information provided by Mrs Y and Mr X and discussed the complaint with Mrs Y. I made enquiries of the Council and considered the information it provided.
8. Mrs Y and the Council were invited to provide their comments on my draft decision. I have considered any comments before a final decision was issued.

Back to top

What I found

9. Law and Guidance
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. Part 7 of the Housing Act 1996 was amended by the Homelessness Reduction Act 2017 with effect from 3 April 2018. This changed the law on homelessness and introduced new duties on councils.
11. Someone is threatened with homelessness if, when asking for assistance from the Council on or after 3 April 2018:
• he or she is likely to become homeless within 56 days; or
• he or she has been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5))
12. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Councils must notify the applicant of the outcome 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 (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
13. If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must take a homelessness application and make inquiries. The threshold for taking an application is low. The person does not have to complete a specific form or approach a particular council department. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
14. 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)
15. A council must secure interim accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
16. If a council is satisfied an applicant is homeless; eligible for assistance, has a priority need and is not homeless intentionally, the council has a duty to secure that accommodation is available for their occupation (unless it refers the application to another housing authority under section 198). This is known as the main housing duty. But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B (2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Back to top

What happened

17. Mr X spoke to the Council in around July 2022 but was not sure if the Council had taken a homelessness application from him. His representative, Mrs Y, contacted the Council on 27 July 2022 to query this.
18. The Council then said Mr X did not have a local connection and even if he was shown to have a local connection it would consider him intentionally homeless with no priority need.
19. Mrs Y contacted the Council in August 2022 as Mr X had not received any correspondence from the Council about his housing situation. Mrs Y continued to contact the Council throughout August to ask the Council to issue a decision about whether it had accepted the relief duty for Mr X.
20. Mrs Y raised a complaint on Mr X’s behalf on 12 August 2022.
21. The Council had a meeting with Mr X on 2 September 2022 and issued a letter confirming it had accepted the relief duty and issued Mr X with a Personalised Housing plan (PHP).
22. The Council then issued a letter on 7 September 2022 which said it was minded to make a decision Mr X was intentionally homeless and in priority need and then two further letters saying Mr X was non-priority need.
23. Mr X’s representative queried the letters sent by the Council and chased a response to the complaint raised.
24. The Council issued a response to the complaint on 16 September 2022 but said it had previously sent a response on 22 August 2022. Neither Mr X nor Mrs Y received the complaint response in August. Mrs Y escalated the complaint to Stage two as she was unhappy with the response.
25. The Council confirmed in October 2022 its final decision was that Mr X was intentionally homeless and that it did not owe a duty to provide him with temporary accommodation. The letter advised Mr X of his right to review this decision.
26. The Council told Mr X the relief duty had ended in a letter dated 4 November 2022.
27. The Council issued a Stage two response to the complaint on 12 December 2022 which incorrectly directed Mr X to the Housing Ombudsman.

Back to top

Analysis

28. Mr X contacted the Council to discuss his homelessness situation in July 2022 but it does not appear that an assessment was carried out until September 2022 when a PHP was issued.
29. The Council had a duty to make inquiries if it believed Mr X was homeless or threatened with homelessness. Mr X had told the Council he was homeless, but it appears it had decided Mr X did not have a local connection. It then delayed in accepting his homelessness application and making inquiries. This is fault and would have caused Mr X distress. Mr X has also lost out on the opportunity to receive help from the Council in trying to secure accommodation.
30. When the Council did issue a decision to Mr X the contents of the letters were confusing and provided different decisions. This would again have caused Mr X distress and inconvenience.
31. The Council also failed to respond to Mrs Y’s complaint in accordance with its complaint procedure. This says the Council should respond within 10 working days to a Stage one complaint and should respond within 15 working days to a Stage two complaint. The Council failed to respond to either the Stage one or two complaint within these timescales. This is fault and caused both Mrs Y and Mr X inconvenience and frustration.
32. In addition, the Stage two response directed Mr X to a different Ombudsman Scheme.
33. The Council’s Stage two response made an offer of compensation to Mr X and highlighted some areas it felt it could make improvements. Mr X decided he did not want to accept the offer.

Back to top

Agreed action

34. Within one month of a final decision the Council should:

• Write to Mr X to apologise for the faults noted.
• Pay Mr X £200 to recognise the delay in completing the homelessness assessment, the confusion caused by the differing decision letters and the distress associated with these.
• Pay Mr X £150 for the delay in responding to his complaint at Stage one and two.

• Provide evidence it has reminded Housing officers to keep residents updated regularly.
• Provide evidence it has reminded Housing officers on Homelessness Legislation and the Code of Guidance for Homelessness when making homelessness assessments.

35. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

36. I have found fault in the Councils delay in completing the homelessness assessment and the confusing decision letters issued. In addition, I have also found fault in its complaint handling.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman