Summary: Miss X complained about the Council’s decision not to award her the highest banding on its housing register and not moving her after she was a victim of crime. We found the Council at fault for failing to provide interim and temporary accommodation in line with its homelessness duties to Miss X. The Council has agreed to our recommendations to remedy the injustice caused.

The complaint

1. Miss X complained about the Council's decision not to award her the highest priority for her housing register application. She said it did not properly consider the severity of her individual circumstances and safety concerns after she said she had been a victim of crime. She says the property and location of where she lived had a significant impact on her family's daily lives, affecting their health and general mental wellbeing.

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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. 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

4. I discussed the complaint with Miss X and considered her views.
5. I made enquiries of the Council and considered its written responses and information it provided.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Law and administrative background

7. 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)). Applicants have a right to request a review of a council’s decision about the priority band they have been awarded.

The Council’s allocation scheme

8. The Council’s scheme says applicants are placed within one of five bands of priority based on their assessed housing need. This includes Band 1 (highest priority), Band 2a, Band 2b, Band 2c, and Band 3 (lowest priority).
9. Band 1 includes “Hardship and Welfare criteria” – applies to an applicant whose circumstances, or a combination of circumstances, are considered to be life-threatening, and where the need to move is supported by health professionals, the Council’s Housing and Social Services, and a senior Police Officer. Band 2c includes homeless households owed a full homeless duty.

Homelessness

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities sets out councils’ powers and duties to people who are homeless or threatened with homelessness.
11. A council must secure interim accommodation for the person 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)
12. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them and anyone who lives with them to continue to live there. (Housing Act 1996, Section 175)
13. 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 temporary accommodation provided under the main housing duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)

Background

14. Miss X has a number of medical and mental health conditions and received specialist care from a local hospital. She has children with medical needs. At the time, she lived in a three bedroom property.
15. In October 2022, Miss X said she was a victim of a violent crime by her neighbour.

What happened – summary of key relevant events

16. In mid-November 2022, Miss X approached the Council asking for assistance to move properties. She said it was not suitable for her and her children’s health needs, including difficulties with the stairs to access her property. She also felt unsafe due to her next door neighbour and feared seeing him on a daily basis.
17. After an assessment, the Council accepted the prevention duty to her. It issued a Personalised Housing Plan and advised her to find private rented accommodation. It noted Miss X said temporary hotel accommodation would not be suitable for her or her children’s medical needs.
18. Miss X contacted the Council several times for support to help her move. She had difficulties in finding private rented accommodation due to affordability. She said her living situation was severely affecting her mental and physical health. She said she needed to be in her current or next closest borough as she had to be close to her support network and medical facilities she needed. The Council advised it had no suitable properties available for her.
19. In mid-January 2023, the Council advised Miss X could apply to its housing register. Miss X submitted an application.
20. The next day, the Council accepted the relief duty to her. It decided she was homeless, with priority need and her property was no longer safe for her to reside. It said while it pursued options to relieve her homelessness, it had a duty to provide her with interim temporary accommodation. It offered her hotel accommodation. Miss X declined.
21. In mid-March 2023, the Council accepted the main duty to her.
22. In late March 2023, the Council accepted Miss X’s housing register application. On medical need, it assessed her as Band 3. The Council put her in higher band of Band 2c as it owed the full homeless duty to her.
23. In mid-April 2023, the Council assessed Miss X’s medical needs. It did not award additional medical priority and did not change her banding.
24. Between May and June 2023, Council records noted concerns that Miss X had been struggling with her mental wellbeing, affecting her physical health, due to her fear of living next to her neighbour. She had been hospitalised due to panic attacks and felt very vulnerable.
25. In late May 2023, Miss X wrote to the Council to appeal the decision about her housing register banding, repeating her safety and medical concerns. She had support from a number of agencies to move. She wanted Band 1 as she felt she met the criteria at Paragraph 9.
26. In late July 2023, the Council responded to her review request. It was satisfied it had considered her personal situation and medical needs. But it decided it was not exceptional to the degree that it should change her banding. It acknowledged her current property was not reasonable for her to reside in because of her neighbour and the risks it posed. It advised it could support to secure temporary accommodation until she successfully bid for a property.
27. A few days later, the records say the Council offered her temporary hotel accommodation. Miss X declined as she could not live in a hotel or share facilities due to her and her children’s medical needs.
28. At the end of July 2023, the Council offered a private rented property out of the boroughs she requested. Miss X declined due to the distance.
29. In mid-August 2023, in response to the Council’s decision on her banding, Miss X’s advocate asked for the case to be relooked at urgently on the grounds of the risk to Miss X’s wellbeing and safety.
30. In response, the Council said her banding was relevant for properties under its allocation scheme. This was through its housing register which provided long term housing through the bidding system, but it could take a long time to receive a successful offer. However, separate homelessness legislation applied in her case, where it had already accepted the main duty and acknowledged she needed temporary accommodation as soon as possible.
31. In mid-November 2023, the Council met with Miss X and her advocate. The Council said it had a potential property in West Yorkshire. Miss X declined due to the distance of over four hours from where she currently lived.
32. In late December 2023, the Council offered temporary accommodation out of the boroughs she requested. Miss X declined. Miss X then complained to us.
33. In January 2024, since Miss X’s complaint to us, the Council offered Miss X permanent accommodation in her area. She accepted and has since moved.
34. In response to my enquiries, the Council sent me its housing file records on Miss X.

Analysis

Priority banding

35. Miss X’s complaint to us mainly related to the banding she received on the Council’s housing register. We are not an appeal body. It is not my role to decide what banding an applicant should be awarded. We decide if the Council followed guidance and considered relevant information when it made its decision. The Council’s appeal decision letter said it reviewed her medical evidence and outlined her individual circumstances, medical needs, and safety concerns. It decided she did not meet the criteria for higher banding. From evidence seen, it considered relevant information and there was no fault in the decision making process. Therefore, I cannot question the professional judgement with the decision made, no matter how much a complainant disagrees.
36. However, in these circumstances, given the nature of Miss X’s urgent wish to be rehoused due to safety concerns, it is more relevant to consider the Council’s homelessness duties here.

Homelessness - Interim and temporary accommodation

37. Under Section 188, if a council has reason to believe an applicant “may be” homeless, is in priority need and is eligible for housing assistance, it has a duty to provide interim accommodation for them. It is a low threshold. A person can be legally homeless if it is not reasonable to remain in their current accommodation.
38. The Council initially accepted the prevention duty to Miss X. I have not seen evidence of whether the Council properly considered if she was already homeless at this point. It knew she had reported her next door neighbour for committing a violent crime against her. In the absence of records with evidence of its decision making here, this is fault.
39. I recognise the Council offered hotel accommodation at this point to Miss X. She declined as it was unsuitable for her family’s medical needs. However, I cannot see the Council took steps to find or offer any other type of interim accommodation (it should not just rely on hotels as they are not suitable for families and should be a last resort) after this. This is fault.
40. When it accepted the relief duty, it said it had a duty to provide Miss X with interim accommodation. Between January and July 2023, after another offer of a hotel, the records do not show evidence of the Council taking proactive steps to find anything else, even after it went on to accept the main duty. This is fault.
41. From July 2023, it then made some offers of other accommodation, but Miss X declined these as they were all out of her current area and next closest borough. The law does not say what type of accommodation the authority should provide. But there is a legal duty for authorities to ensure the accommodation is “suitable” for the applicant and household members (section 206). I cannot see evidence the Council assessed the suitability of each of these, considering Miss X’s specific needs, before making these offers. This is fault. She repeatedly said why location was important because of her health needs, distance to her local hospital, her children’s school, and support network. This caused Miss X added frustration. In the absence of any other records, it appears the Council accepted these offers were unsuitable after Miss X declined. It therefore was under an immediate duty to find alternative accommodation.
42. I recognise the difficulties the Council faced in finding suitable accommodation to meet the complexity of Miss X’s needs, but it was under a legal duty to find and offer something that was suitable. It did not meet this, and Miss X and her family were left in accommodation it accepted was not suitable or safe for them to reasonably remain. This is fault.

Injustice

43. The faults identified have caused Miss X considerable frustration and distress over a notable period. She is vulnerable and had constant fears for her and her children’s safety because of the actions of her next door neighbour. This is significant injustice. I consider the Council failed to provide Miss X with interim and temporary accommodation from late November 2022 to January 2024 (roughly 13 months). I considered the Ombudsman’s published Guidance on Remedies, and I consider a payment on the higher end of our monthly tariff is appropriate in recognition of Miss X’s time in unsuitable accommodation, as recommended below.

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Agreed action

44. To remedy the injustice set out above, the Council has agreed to carry out the following actions:
45. Within one month of the final decision:
• Apologise to Miss X in writing (in line with our guidance on making an effective apology) for the injustice caused by the failure to provide suitable interim and temporary accomodation when it should have done;
• Pay Miss X a symbolic payment of £3,575 to recognise the injustice of her and her family’s time spent in unsuitable accommodation; and
• Pay Miss X a symbolic payment of £750 to recognise the distress and frustration caused to her.
46. Within two months of the final decision:
• Send written reminders to relevant housing staff of the need to consider whether offers of interim and temporary accommodation are suitable. They should record reasons why they consider an offer suitable and explain how it took into account an applicant’s specific needs; and
• Send written reminders to relevant housing staff to ensure when considering homeless applications, if it includes circumstances where an applicant may be at risk or threatened with violence, it should assess and consider whether they are already homeless and if it is reasonable for an applicant to remain in their property. This should be recorded on file.
47. The Council should provide us with evidence it has complied with the above actions.

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Final decision

48. I found fault with the Council which caused injustice to Miss X. The Council has agreed with my recommendations to remedy this, and I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman