Summary: Mr X complained the Council failed to provide appropriate advice and assistance and support with storage costs when he was made homeless. The Council was at fault as it delayed providing interim accommodation and failed to advise Mr X about storage options. This caused Mr X distress and uncertainty and storage costs. The Council has agreed to apologise to Mr X, refund his storage costs and pay him £300 to acknowledge the distress and uncertainty caused by the delay in providing interim accommodation. It has also agreed to issue reminders to staff regarding discussing storage costs with applicant and on providing interim accommodation when it has reason to believe an eligible applicant is homeless and in priority need.

The complaint

1. Mr X complains the Council failed to provide him with appropriate assistance and support when he was threatened with, and then made, homeless which caused him distress and frustration. He also complains the Council failed to provide him with support with storage costs which caused him financial hardship.

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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 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
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)

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What I have not investigated

7. The decision to evict Mr X was made by the court. The restriction at paragraph 4 therefore applied to any concerns Mr X may have about the decision to evict him.
8. Mr X also raised issues about the Council’s involvement with repairs at his previous property where his relative was landlord. The issues Mr X raised relate to events from 2022 and it was open to Mr X to come to us at that time. There are no good reasons to investigate these issues now.

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How I considered this complaint

9. I have considered the information provided by Mr X and have discussed the complaint with him on the telephone. I have considered the Council’s response to our enquiries and the relevant law and guidance.
10. I gave Mr X and the Council the opportunity to comment on a draft of this decision. I considered the comments I received in reaching a final decision.

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What I found

The relevant law and guidance

Duty to make inquiries

11. Where the council has reason to believe an applicant may be homeless or threatened with homelessness, it should make enquiries to enable it to decide if they are eligible for assistance and, if so, what duty it owes them. (Housing Act 1996, section 184) 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)

Relief duty

12. If a council is satisfied an applicant is eligible for assistance and homeless then the council will owe the relief duty. This requires the council to take reasonable steps to help them to secure suitable accommodation. The relief duty usually lasts for 56 days.

Interim accommodation

13. If the council has reason to believe the applicant may be homeless, eligible for assistance, and in priority need, it has an immediate duty under section 188 of the Housing Act 1996 to provide interim accommodation, whilst it makes its enquiries. Examples of those in priority need includes those who are vulnerable due to serious health problems, disability or old age, have a dependent child or (from July 2021) are fleeing domestic abuse.
14. The code of guidance states that it is highly unlikely to be reasonable for the applicant to continue to occupy beyond the date on which the court has ordered them to leave the property and give possession to the landlord. It says housing authorities should not consider it reasonable for an applicant to remain in occupation up until the point at which a court issues a warrant or writ to enforce possession.

Main housing duty

15. If a council is satisfied an applicant is unintentionally 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)

Review rights

16. Homeless applicants may request a review within 21 days of being notified of certain decisions. If the decision is upheld at review, they can appeal to the county court on a point of law.
17. The code of guidance says where a decision is against the applicant’s interests the notification must explain clearly and fully the reasons for the decision.

Protection of belongings

18. Where the council owes or has owed certain housing duties to an applicant, it must protect the applicant’s personal property if there is a risk it may be lost or damaged. A council may make a reasonable charge for storage and reserve the right to dispose of the property if it loses contact with the applicant. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)

What happened

19. The following is a summary of key events relevant to this complaint.

Homelessness

20. In November 2022 Mr X contacted the Council. He said he had received a notice to quit from his landlord and a possession hearing was arranged for late November. Mr X said he had been subject to a campaign of harassment by his landlord who was a relative. The Council asked Mr X to provide it with the possession paperwork. I have seen no evidence Mr X provided this at this time. In late December an officer tried to call Mr X but the number was not working. The officer emailed Mr X and asked him to call.
21. In January 2023 Mr X contacted the Council and provided his telephone number. He said his landlord had obtained a possession order on the grounds of rent arrears which would expire in early March. Mr X explained he had a long term medical condition, mental health problems and PTSD. He owed money for his utility bills and had credit card debts. He was expecting an eviction notice and had lack of funds to move out. The Council wrote to Mr X to advise that it had accepted the relief duty and sent Mr X its assessment and a personalised housing plan. It sent Mr X information about a mental health support service.
22. In late January the Council emailed Mr X to request a breakdown of his universal credit payments, his landlord’s contact details and a patient summary from his GP. It chased this up in late February. Mr X responded in early March and provided the requested information to the Council. In response the Council requested evidence of the eviction date which Mr X provided.
23. Mr X provided the Council with details of the bailiffs warrant for his eviction in early April. Records show the Council officer tried to call Mr X that day and the following day, but his phone was off. The officer arranged interim accommodation for Mr X from his eviction date.
24. In late April the Council wrote to Mr X to advise it had decided he was intentionally homeless as he had failed to pay his rent and was evicted due to rent arrears. It said Mr X had some mental health difficulties, but it had no reason to believe he lacked capacity. It considered his rent was affordable as it was entirely covered by his benefits. It said it would cease to provide him with accommodation from the following month. Mr X requested a review of the Council’s decision. The Council agreed Mr X could remain in his accommodation while it carried out the review.
25. Mr X provided additional evidence including evidence of him being assaulted by his landlord shortly after the eviction.
26. In late May 2023 the Council concluded its review. It said there was evidence of inappropriate behaviours by his relative and that Mr X’s mental health had deteriorated. It said it noted Mr X had not previously indicated he needed to leave due to domestic abuse. However, it had not been possible to enquire with the landlord about the dynamics and it was evident there were blurred lines due to the nature of the relationship. It overturned the decision and Mr X’s interim accommodation became temporary accommodation.
27. In July 2023 Mr X accepted a secure tenancy.

Storage Costs

28. In July 2023 Mr X contacted the Council to ask whether it would pay for storage costs. Mr X said he was homeless due to domestic abuse and so believed the Council had a responsibility to protect his belongings from when he was evicted until he moved into a new property. He said he covered the costs at severe detriment to other bills. At that time, he had paid £1836.59 with £308.15 outstanding to pay. The Council’s reviewing officer said they would ask his case worker to cover the closing balances initially. It said it would not be possible to pay retrospectively given he had already covered most of the costs.
29. The case worker asked Mr X to provide two months bank statements and the invoices for the storage so they could consider his request. The amount remaining owed for storage was £151.68.
30. The case worker contacted Mr X again in August and September 2023 to request five months bank statements and invoices to see if it could pay his storage costs. Mr X responded in October 2023. He said he had invoices and receipts. He said he had already provided bank statements previously. He said he only wanted storage costs paying during the time the Council decided he was intentionally homeless so did not see why five months statements were required. He sent bank statements of the period he was in temporary accommodation and invoices to the Council the following week.
31. In late November 2023 the case worker checked the invoices and bank statements Mr X had provided. They asked Mr X to confirm that the storage was now ended and to confirm the final balances. They also asked for his last month’s bank statement and for proof of his universal credit to demonstrate his current income and savings.

Complaints

32. In November 2023 Mr X complained to the Council regarding his landlord’s behaviour and that the Council had said he was intentionally homeless despite his submissions that the Council were aiding and encouraging Domestic Abuse from the landlord. He complained the Council had failed to offer him storage and had delayed refunding storage fees to protect his belongings despite him providing receipts and that his property did not have cooking facilities or flooring.
33. The Council asked Mr X to provide details of his current bank balances in January 2024. Mr X refused to provide this as he considered he had already provided sufficient information. Mr X did provide this information to the Council to assist with an application for other funding, so the Council had received this information. In an internal email in late February, on sight of this information, a Council officer said they were satisfied Mr X had demonstrated his lack of funds and inability to pay the invoice without support. They said they would check whether it was still outstanding.
34. The Council responded to Mr X’s complaint in February 2024. It said it needed more recent information to process his request for storage fees to be reimbursed. It apologised that it had not referred Mr X to its complaints procedure earlier although it said a senior officer had confirmed it needed additional bank statements. It said secure tenancies did not include cooking facilities and flooring would depend on how the property was left by the previous tenant. It said the Council had spoken with Mr X and agreed to provide Mr X with a voucher for white goods. It had also agreed to provide a £200 voucher towards decorating/flooring.
35. The Council sent its final response in April 2024. It was satisfied it had fully responded at stage 1 and did not feel it appropriate to reconsider matters at stage 2.
36. In March 2024 it contacted Mr X twice to request invoices for the outstanding storage costs so that it could make the payments. Mr X responded that he had referred his complaint to us.

Enquiry response

37. In response to my enquiries the Council said it did not have a specific written policy regarding storage. It said each customer's circumstances were considered on an individual basis to ensure the appropriate help is provided in compliance with sections 211 and 212 of the Housing Act 1996 and Chapter 20 of the Code of Guidance. It said it worked with customers to understand how they will secure their possessions whilst they are homeless. This work may include advising on storage options with private storage facilities and associated moving costs, supporting the customer to move their items to storage with friends and/or family, as well as payment for storage costs where the customer's income is low.

Findings

Homelessness

38. When Mr X approached the Council in January 2023 the Council accepted it owed him the relief duty as it had reason to believe he was homeless and was eligible for assistance. The letter makes no reference to whether the Council had reason to believe he was in priority need. The Council’s failure to record its consideration of this and to notify Mr X of its decision as to whether it had reason to believe he was in priority need was fault. The threshold for having reason to believe someone is in priority need is low. Mr X had explained his mental health issues and long term health condition, and the difficulties in his relationship with his landlord who was also a relative.
39. The code of guidance sets out that it is highly unlikely to be reasonable for an applicant to continue to occupy a property beyond the date of a possession order. Mr X told the Council in late January that his landlord had a possession order. The Council failed to assess or document how it considered this and whether it was appropriate for Mr X to remain in his current accommodation on a temporary basis. This was fault. The Council did provide Mr X with interim accommodation once he received an eviction notice and it considered he was in priority need when it decided he was intentionally homeless. On balance, I therefore consider had the Council properly considered all Mr X’s circumstances in late January, including his rent arrears and concerns about his landlord’s behaviour, the Council would have reached the view it had ‘reason to believe’ Mr X was in priority need and his current accommodation as not suitable to occupy and so would have provided interim accommodation at that time. The Council’s fault meant Mr X had to remain in accommodation it was no longer suitable for him to occupy for longer than he should have. This caused him distress and uncertainty.
40. The Council decided Mr X was intentionally homeless. I have not investigated that decision because Mr X had a right of review and used that right. There was no delay in the Council carrying out the review and the Council provided Mr X with interim accommodation whilst it carried out the review.

Storage Costs

41. There is no evidence the Council discussed storage costs with Mr X or offered him any support to protect his belongings when he moved into interim accommodation. This was not in line with the code of guidance, or how the Council says it operates, and was fault. Mr X was evicted due to rent arrears and provided the Council with evidence of debts with utility companies and with credit cards. Had the Council properly assessed Mr X’s circumstances at the time I am satisfied it would have offered him support with the storage of his belongings. The Council would have been entitled to charge for the costs, but at an affordable rate.
42. Mr X arranged his own storage at the expense of other debts and then requested assistance from the Council. When Mr X approached the Council for support it said it would not help with payments he had already made. This was fault. The Council said Mr X had already protected his belongings, but it has discretion to make a decision based on the circumstances of the case. It failed to properly consider Mr X’s circumstances and whether it was reasonable to backdate any storage costs.
43. The Council has a duty to take reasonable steps to protect someone’s belongings if there is a risk they may be lost or damaged. It is also entitled to charge for this. The Council agreed to consider whether to pay the balance of Mr X’s storage costs and requested some information in late July which Mr X did not provide until October 2023. It then requested more up to date information and additional bank statements. The Council was not at fault for requesting information so that it could assess whether Mr X could afford to pay the charges. However, it failed to properly explain, when it first requested information from Mr X, the basis on which it would consider paying storage costs and why it needed this information. This was fault and caused Mr X frustration.

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Agreed action

44. Within one month of the final decision the Council has agreed to:
1. Apologise to Mr X and pay him £300 to acknowledge the distress, uncertainty and frustration caused by its failure to offer him interim accommodation in January 2023. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Refund Mr X the £2144.77 storage costs he has paid which on balance he may not have incurred had the Council supported him properly.
45. In addition, within one month of the final decision the Council has agreed to remind relevant staff:
1. The duty to provide interim accommodation arises as soon as it has reason to believe an applicant might be eligible, and in priority need.
2. To discuss the issue of storage of belongings with applicants when they are moving into interim accommodation.
46. The Council should provide us with evidence it has complied with the above actions.

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Final decision

47. I have completed my investigation. The Council was at fault causing injustice which it has agreed to remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman