Runnymede Borough Council (23 014 848)

Category : Housing > Homelessness

Decision : Upheld

Decision date : 28 Mar 2024

The Ombudsman's final decision:

Summary: Mr X complained about the way the Council handled his homelessness application and referral to another Council. There was some fault by the Council as it did not offer Mr X interim accommodation for one night, causing Mr X to pay for his own accommodation. The Council agreed to apologise to Mr X and make a payment for the distress caused.

The complaint

  1. Mr X complains about the way the Council handled his homelessness application, namely that the Council:
    • Delayed in providing him with interim accommodation.
    • Delayed referring his case to another Council area and did not receive confirmation about whether the referral had been accepted.
  2. As a result, Mr X said he had to source his own accommodation for some of the time the Council should have accommodated him for.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. As part of this investigation I considered the information provided by Mr X and the information provided by the Council. I discussed the complaint with Mr X over the telephone. I sent a draft of this decision to Mr X and the Council for comments.

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What I found

Law and guidance

  1. 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.
  2. 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)
  3. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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)
  4. 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)
  5. A council must secure accommodation for applicants 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)
  6. When a council makes inquiries to determine whether an applicant is eligible for assistance and owed a duty under Part 7 of the Housing Act 1996, it may also make inquiries to establish an applicant’s local connection. A person has a local connection with a council if they:
      1. are, or were in the past, normally resident there, and that residence was of their own choice; or,
      2. are employed there; or,
      3. have family associations living there; or,
      4. have any special circumstances. (Homelessness Code of Guidance paragraphs 10.3 & 10.4 & Housing Act 1996, section 199(1))
  7. If a council’s inquires determine that an applicant has a local connection with the district of another council, the council can refer the case to another council. (Homelessness Code of Guidance paragraphs 10.30)
  8. A council can refer applicants who do not have a local connection to their district to another council area in England where they do have a connection. Before making a referral, the notifying council must be satisfied that the applicant is homeless and eligible for assistance and therefore owed the relief duty. (Housing Act 1996, section 198(A1))
  9. A council can only refer an applicant who it owes the relief duty to another council if all of the following conditions are met:
      1. neither the applicant nor any person who might reasonably be expected to live with them has a local connection with its district; and,
      2. the applicant or a person who might reasonably be expected to live with them has a local connection with the district of the notified council; and,
      3. none of them will be at risk of domestic abuse or other violence, or threat of domestic abuse or other violence in the council area they are being referred to.

What happened

  1. Mr X applied to the Council as homeless in October 2023. The Council carried out an assessment the following day. The Council decided it did not have reason to believe he was in priority need, but believed he was eligible for assistance and homeless.
  2. The Council decided it owed Mr X the relief duty and sent him a letter confirming this along with his personalised housing plan. The Council told Mr X when his family arrived in the UK it would have reason to believe Mr X was in priority need so would provide interim accommodation.
  3. The Council referred Mr X’s case to another council, Council B, on 24 October 2023 as it decided Mr X had a local connection to Council B.
  4. Mr X’s family arrived in the UK on 24 October 2023. On the morning of the 24 October, the Council telephoned Mr X and told him it would contact him around 4pm to offer accommodation. The Council called Mr X later that day just before half past four but he had already sourced his own accommodation for two nights. Mr X said he tried to contact the Council after his family arrived in the UK but could not get through so decided to book his own accommodation.
  5. On 26 October 2023, the Council wrote to Mr X and told him it had referred his case to Council B as he had a local connection with Council B. The Council said Mr X had no local connection with its own area. The Council also discussed interim accommodation with Mr X and offered him interim accommodation in a hotel but not in the area he wanted. Mr X refused this accommodation and told the Council he had extended his current accommodation by five nights.
  6. On 31 October 2023, the Council provided Mr X with interim accommodation after the accommodate he had sourced ended.
  7. On 8 November 2023, the Council again referred Mr X’s case to Council B. The next day an officer from Council B emailed the Council and said he could see enough grounds for Council B to take Mr X’s case. On 17 November 2023 the Council had a telephone call with Council B where the same officer said Council B had accepted the referral and would contact Mr X on 20 November 2023 to complete an assessment and provide accommodation.
  8. The Council told Mr X his interim accommodation would end on 20 November 2023 as Council B had accepted his case at the relief duty stage.
  9. On 20 November 2023, Mr X went to Council B but was told there was no record of his referral. Mr X came back to the Council and told it this. The Council agreed late in the day to accommodate Mr X for one night. The Council also wrote to Council B and said it had referred Mr X’s case back on 8 November 2023 and an officer confirmed Council B accepted the referral.
  10. On 21 November 2023, Mr X went to Council B for assistance. Council B said it had not accepted the referral and wanted some further information before deciding whether to do so. Mr X told the Council that Council B had not helped him. On the night of 21 November 2023 Mr X said he paid for accommodation for his family and he slept in his car.
  11. On 22 November 2023, the Council moved Mr X into a 4 bedroom property with cooking facilities. The Council agreed to accommodate Mr X until Council B had decided whether to accept its referral.
  12. Mr X made a formal complaint to the Council on 22 November 2023. Mr X complained about the way the Council handled his case. Mr X said he had to pay for accommodation when his family arrived in the UK despite the Council agreeing to accommodate him. Mr X also complained the Council did not properly refer his case to Council B and when he attended Council B it had no record of the referral.
  13. In late November 2023, the Council contacted Council B several times about its referral of Mr X’s case. The Council provided Council B with further evidence showing Mr X works in Council B’s area.
  14. The Council responded to Mr X’s complaint at the end of November 2023. The Council said it referred his case to Council B and Council B agreed to take the case. However the officer who confirmed this had left Council B and not made a note that they had accepted Mr X’s case. The Council said it offered Mr X interim accommodation on 24 October 2023, and again on 27 October 2023 but he had already made his own arrangements. When this accommodation ended the Council placed Mr X into interim accommodation on 31 October 2023.
  15. In early December 2023, Mr X asked the Council to consider his complaint at the next stage of its process. The Council provided its final response to Mr X’s complaint on 14 December 2023. The Council said it would not pay for the accommodation Mr X arranged as accommodation was available for Mr X through one of its own providers. The Council said it has provided Mr X with accommodation for a further 22 nights while Council B considered the referral of his case.
  16. On 14 December 2023, Council B told the Council it would not consider the referral any further as did not have documents it had requested. The Council responded and said Council B was asking for irrelevant information and it had provided evidence that Mr X had a local connection with Council B. The Council also chased up a response from Council B later in December 2023.
  17. In January 2024, the Council wrote to Council B suggesting arbitration as Mr X’s local connection was with Council B and it had not responded to the referral.
  18. On 15 January 2024, Council B accepted the referral and placed Mr X into accommodation. Mr X moved out of the accommodation he had been living at since 22 November 2023, provided by the Council.

Analysis

  1. When Mr X approached the Council as homeless in October 2023, the Council did not have reason to believe he was in property need, therefore did not have to offer him interim accommodation.
  2. Once Mr X’s family arrived in the UK the Council did have reason to believe he was eligible, homeless and in priority need so agreed to offer him interim accommodation. On the day Mr X’s family arrived the records show the Council called him at 9am and agreed to call him around 4pm to offer interim accommodation. The Council called Mr X just before 4:30pm but he had already found his own accommodation. I do not find the Council at fault for not providing Mr X with accommodation. It contacted Mr X as agreed to offer him accommodation. While I recognise Mr X must have been anxious about his family’s living arrangements the Council contacted him as it agreed to.
  3. The Council offered Mr X interim accommodation again on 26 October 2023. This was not in his area of choice, it was in a neighbouring borough where Mr X had a local connection. Mr X instead found his own accommodation and paid for this but later asked the Council to reimburse his costs. I am satisfied the Council properly considered whether this accommodation was suitable especially as it was intended for a very short time. Mr X decided to make his own arrangements, which was his choice. I do not consider the Council at fault.
  4. The Council referred Mr X’s case to Council B in late October and early November 2023. The records show it received confirmation from an officer at Council B that Council B had accepted the referral. I am satisfied the Council did have grounds to believe Council B had accepted the referral. I do not consider the Council at fault for not referring Mr X’s case to Council B properly.
  5. Once it became apparent Council B had not accepted the referral due to issues with a staff member, the Council should have accommodated Mr X. Failure to do so was fault. While the Council did provide accommodation for the night of 20 November 2023, Mr X had to find accommodation for his family for the night of 21 November 2023 and he slept in his car. As Mr X had already told the Council, Council B was not accepting his case and did not have a record of him, the Council should have provided accommodation for the night of 21 November 2023.

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Agreed action

  1. Within one month of my final decision the Council agreed to carry out the following:
    • Apologise to Mr X for not providing him with accommodation for the night of 21 November 2023.
    • Pay Mr X £200 to recognise the distress caused to him by not accommodating his family for the night of 21 November 2023.
  2. The Council should provide us with evidence it has complied with the above actions.

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Final decision

  1. I have completed my investigation and found there was some fault by the Council which caused Mr X injustice. 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

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