Summary: Miss X is homeless after fleeing domestic abuse. Miss X complained about the Council’s delay in processing her homelessness application and for leaving her in unsuitable accommodation for over a year. We have found fault with the Council which caused Miss X avoidable distress and uncertainty.

The complaint

1. Miss X complained the Council failed to progress her homelessness application and to keep her updated. She said she has been in emergency accommodation for over a year, but the Council had not assessed her housing needs or decided whether it owes her a main housing duty. She said the Council keeps asking her to send information she has already provided, which wastes her time.

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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 considered Miss X’s complaint and spoke to her about it.
5. I also considered the Council’s response to Miss X and to my enquiries.
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 guidance

7. 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.
8. A council must secure 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. This is called interim accommodation. (Housing Act 1996, section 188)
9. Applicants in priority need include people who are homeless because of being a victim of domestic abuse.

The relief duty

10. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
11. A council can refer an applicant to another council after accepting the relief duty if:

a) The applicant does not have a local connection to its area; and

b) The applicant has a local connection to the area referred to; and

c) The applicant will not be at risk of domestic abuse or other violence in that area. (Housing Act 1996, section 198).

The main housing duty

12. 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. (Housing Act 1996, section 193)

Decision letters

13. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.30)

Review rights

14. Homeless applicants may request a review within 21 days of being notified of a decision including the decision:
• to notify their case to another authority when the Council considers the conditions for referral are met;
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Suitability of accommodation

15. 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 interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
16. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
17. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:
• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

What happened

Homelessness referral

18. In January 2023, Miss X and her child were referred to the Council as they were unable to return to their home after a domestic abuse incident. After confirming it would provide accommodation on the first night, the Council did not, and Miss X and her child spent the night on a friend’s floor. The next day, the Council placed them in a hotel on a bed and breakfast basis.
19. A month later, the Council offered Miss X alternative interim accommodation, this was a two-bedroom flat. The letter stated that if Miss X refused the offer of accommodation, the Council would make no further offers under section 188 and she would need to make her own arrangements.
20. Miss X accepted the offer. Given this was interim accommodation, Miss X had no right to request the Council review the suitability of the accommodation.

Miss X raised concerns

21. In August 2023, Miss X told the Council the two bedroom flat was some distance from her child’s school and her place of work, and the daily commuter costs were unaffordable. She asked the Council for an update of her homelessness application and what her options were for moving closer to school/work. She said she did not know:
• who her housing officer was,
• whether the Council had accepted a housing duty,
• whether she had been placed on the housing register
• if she had a personal housing plan (PHP).
22. In October, the Council confirmed Miss X’s case was still under investigation and she was therefore living in interim accommodation. The Council said although the location was not ideal, there were no alternative units available. The Council suggested that Miss X should look for her own accommodation in the private rented sector and that the Council could potentially assist with the rent. Miss X said the Council did not assist her with searching for private rental accommodation.
23. The Council contacted Miss X. It explained it would be accepting the relief duty and will issue her with a PHP the following week. The Council asked for information from Miss X. Miss X promptly provided the requested documents. The Council requested additional/clearer copies of the documents. Miss X resent the documents and explained she had already sent these to the Council months earlier.

Council accepted relief duty

24. In November, the Council sent the formal notification to Miss X with its decision to accept relief duty. It also sent her a PHP. Miss X said the Council has not implemented some of the actions in the PHP.
25. In December, the Council carried out a medical assessment for Miss X and concluded there was no medical need for Miss X to change accommodation.
26. In January 2024, the Council arranged to carry out a review of Miss X’s PHP. The Council said even if the Council accepted the main housing duty, she would remain in temporary accommodation and would need to bid for suitable 2-bedroom properties which could take up to 9 years. It confirmed that if accepted onto the housing register, Miss X’s priority date would be from the date she applied so she would not be penalised for the Council’s delays.
27. In March, the Council contacted Miss X and said it was ready to make a main housing duty decision and would require some documents from Miss X. In May, the Council followed this up and requested further documentation.

Council accepted main housing duty

28. At the end of July 2024, after Miss X had approached the Ombudsman, the Council accepted the main housing duty. It notified Miss X of its decision and added her to the housing register. It informed Miss X of her right to review both the Council’s decision and suitability of her temporary accommodation.
29. The Council confirmed Miss X’s priority date was January 2023 (the date she presented as homeless).

My findings

Delays

30. It took the Council 11 months to notify Miss X that it was accepting the relief duty and to produce a PHP, and a further 8 months to accept the main housing duty. The Council said these delays were due to workload issues and that practices were now in place to prevent such delays in the future.
31. These delays meant that Miss X’s review rights were delayed. She could only request a review of the suitability of her accommodation once the Council accepted the main duty and her accommodation switched from interim to temporary.
32. If it had not been for the fault, the Council would have accepted the main housing duty in March 2023, within 56 days after Miss X presented as homeless.
33. The significant delays amount to fault.

Suitability of interim accommodation

34. Although Miss X had no right to request a formal review of the suitability of her interim accommodation, the Council had a duty to ensure it was suitable for her. In August 2023, she informed the Council that the distance from her work and her child’s school made it unaffordable due to the commuter costs of public transport. I have seen no evidence that the Council considered this information or considered the affordability of the accommodation for Miss X.
35. I have considered the financial information available from Miss X’s PHP and done some basic calculations. This shows that Miss X’s monthly outgoings are £400 more than her income. Her travel expenses are currently £300 per month. In my opinion, this is unaffordable, therefore rendering Miss X’s accommodation, unsuitable.
36. Between when Miss X raised the issue of affordability with the Council in August 2023, and present is 13 months. Our guidance on remedies recommends a payment of between £150 -£300 per month for complainants living in unsuitable accommodation. I have based my recommendation on the fact that the Council provided a two-bedroom property, and it is just the cost of the travel that makes it unsuitable.

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Agreed action

37. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for the delays she encountered during the homelessness application process.
2. Pay Miss X £200 for the avoidable distress caused by the delays and the time and trouble it has taken her to complain.
3. Apologise to Miss X for not considering the affordability of her interim accommodation which resulted in her residing in unsuitable accommodation for over a year.
4. Pay Miss X £1950 for the time she has spent in unsuitable accommodation, plus a further £150 per month that Miss X remains in the accommodation from the date of this decision.
38. Within 12 weeks of my decision, the Council has agreed to:
1. Secure suitable temporary accommodation for Miss X that is closer to her place of work and her daughter’s school.
2. Provide evidence of the practices now in place to prevent delays during the homelessness application process in the future.
39. The Council should provide us with evidence it has complied with the above actions.

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Final decision

40. I have completed my investigation. I have found the Council at fault for the delays Miss X experienced after she presented as homeless to the Council. I have also found fault with the Council for not considering the affordability of the interim accommodation offered to Miss X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman