Summary: Ms X complained about the way the Council has handled her homelessness application. She said the Council has discharged its duty unlawfully and has failed to confirm whether she is on the Council’s housing register. We find the Council was at fault for the initial delay in assessing Ms X’s application and delay in confirming whether she is on the housing register. This caused significant distress to Ms X. To remedy this injustice caused by fault, we make several recommendations.

The complaint

1. The complainant, Ms X, complains about the way the Council has handled her homelessness application. She said the Council has discharged its duty unlawfully and has failed to confirm whether she is on the Council’s housing register.

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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. 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 and have not investigated

5. As stated in paragraph three, we cannot investigate late complaints unless we decide there are good reasons. I have investigated matters between March 2023 and April 2024 when Ms X brought her complaint to us.
6. I have not investigated matters before March 2023 as I consider it was reasonable for Ms X to have complained to us about these matters sooner.

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How I considered this complaint

7. I spoke with Ms X about her complaint. I considered all the information provided by Ms X and the Council.
8. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Law and guidance

9. 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.
10. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:

• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

11. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent 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)
12. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
13. 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)
14. 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 (unless it refers the application to another housing authority under section 198). 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)

Summary of the key events

15. Ms X said she made a homelessness application to the Council in November 2022 as her landlord had served her with a section 21 notice.
16. In March 2023 the Council contacted Ms X about some new properties it was currently advertising for its key worker scheme. It said Miss X would need to register on its website and provided her with information about the scheme.
17. It was later noted Ms X did not want to apply and was looking for alternative options. Ms X asked about other new properties she had noticed. But the Council explained she would need to check its website for updates on when they would be completed.
18. In March 2023, it was noted the Council made several attempts to contact Ms X to complete an assessment.
19. Ms X sought some housing advice in August 2023. She said she had been served notice to leave her privately rented property and wanted to know what her options were.
20. In the following month the Council advised Ms X to register for the keyworker scheme in case another property became available. It suggested a property in a different area and asked Ms X to contact it if she was interested.
21. Ms X requested a new housing officer in late September 2023. She said the current housing officer does not show any interest in her case.
22. In response the Council apologised for the delays in assessing her application. It said due to the previous officer leaving, her case was reallocated in August 2023. It did not agree to provide a new housing officer as it said applicants cannot pick or choose who assess their application.
23. In late September 2023, the Council notes state it discussed the temporary accommodation referral process with Ms X and discussed the next steps of the process. This included completing a personal housing plan (PHP) and suitability assessment.
24. In early October 2023, the Council apologised to Ms X for the delays in dealing with the case. It asked Ms X to send a copy of the notice she had received from her landlord.
25. The Council’s notes stated it would refer Ms X to its private rented sector (PRS) team. It was noted Ms X was made aware that as her children were adults, she would not be deemed a priority need.
26. On the 30 November 2023, the Council completed a homelessness assessment with Ms X. It noted:
• Ms X was issued a section 21 notice from her landlord on the 30 October 2023 to leave the property on the 30 December 2023. This was because the landlord wanted to sell the property and increase the rent; and
• no priority need was established regarding any household member on the application.
27. The Council accepted the prevention duty. A PHP was completed in early December 2023. It stated:
• the Council’s enquiries had concluded Ms X was eligible for assistance and it had accepted the prevention duty;
• Ms X was to search for properties and liaise with the PRS team; and
• the PRS team would look for suitable and affordable properties. It was noted the Council may be able to provide up to 12 weeks rent or the first month’s rent and a deposit.
28. The PRS team contacted Ms X in December 2023. They explained they could help with covering the first month’s rent and a security deposit. They said they would begin to look for properties and advised Ms X to also look.
29. In January 2024 the Council explained its duty was to prevent or relieve her homelessness. It agreed to take her housing register application and liaise with management.
30. The Council contacted Ms X later in the month. It apologised and said it had recently given her the wrong advice as it said it had previously said her children would be considered a priority need, meaning if the Council accepted the relief duty she would be placed in temporary accommodation. But it said this was not the case due to their age. It said it was important Ms X engaged with the PRS team.
31. In February 2024 it was noted the PRS team had been unable to find affordable housing in the borough, so they had been looking outside the Borough. The Council also told Ms X as part of her application, she could be added to the housing register with 10 housing points whilst she is owed the prevention or relief duty.
32. A further PHP was completed on the 5 April 2024. It stated:
• the prevention duty had been replaced with the relief duty;
• Ms X was to continue to search for a private rented property and liaise with the PRS team;
• Ms X could register with social housing;
• the Council would complete a referral to an organisation who secure social housing tenancies; and
• if the relief activities had failed at the end of the 56 days and Ms X was still homeless, it would assess the application to determine whether the main housing duty was owed.
33. The Council offered Ms X a three-bedroom property which she declined due to the location. But Ms X said this was not true. She said the Council did not offer a property.
34. The Council wrote to Ms X in April 2024 and said:
• the relief duty would continue until the expiry of the statutory 56 days. But it said after that, the Council did not owe the main housing duty as it said Ms X did not have a priority need for housing as it said she was not vulnerable;
• Ms X approached the Council in March 2023 stating she thought she was threatened with homelessness. But it was noted there was no formal notification that tenancy would be terminated, so she was given housing advice;
• Ms X made further contact with the Council later in the year advising her landlord had issued her with a section 21 notice on the 30 October 2023. An assessment was completed, and Ms X was deemed eligible for assistance;
• there were no medical facts to support any assertion that Ms X or any member of her household suffered from any significant or enduring medical problems;
• it accepted that some health conditions may cause Ms X some difficulties. But it said they have not adversely affected her ability to carry out important day-to-day activities;
• it considered whether Ms X was significantly more vulnerable. But it said there was nothing to suggest she suffered from a condition that affected her mobility, awareness in time space and person, or her cognitive function;
• it considered the totality of Ms X’s personal, social and medical problems. This included her accommodation history and social issues. But it said it was not satisfied this would render her significantly more vulnerable than an ordinary person if homeless; and
• there was no information to satisfy it that Ms X had a disability.
35. Ms X requested a review of the Council’s decision. But the Council rejected this as it was out of time.
36. Ms X attended the Council’s officer in July 2024 stating the housing officer had not contacted her since April 2024. She asked for a new housing officer which the Council agreed to. It apologised for the lack of communication and met with Ms X. It was noted that:
• It agreed to look into whether intermediate rent was an option. But it said if not, she would need to pursue privately rented properties outside of the borough;
• the Council had asked Ms X to send all medical documents;
• if the decision to issue the non-priority need was upheld, the case would be closed, and the Council would no longer hold responsibility to support her; and
• as courtesy, it would extend the relief duty for another seven days to allow time to re-evaluate the medical evidence.
37. The Council wrote to Ms X in August 2024. It ended the relief duty and stated it owed no further duty.
38. In October 2024, it was noted the Council would look into Ms X’s request to join the general housing register as she has lived in the borough for more than three years.

Analysis- was there fault by the Council causing injustice?

39. The Ombudsman’s role is to review councils’ adherence to procedure in making decisions. Where a council has followed the correct process, considered all relevant information, and given clear and cogent reasons for its decision, we generally cannot criticise it. We do not make decisions on councils’ behalf, or provide a route of appeal against their decisions, and we cannot uphold a complaint simply because a person disagrees with a council’s decision.
40. Ms X approached the Council in March 2023 for advice as she thought she was threatened with homelessness. The Council said there was no formal notification that stated the tenancy would end. It gave Ms X housing advice and advised her of a housing scheme she could apply for.
41. Ms X went back to the Council in August 2023 for further advice. The Council suggested Ms X register with the key worker scheme and put forward a potential property. It then completed an assessment in November 2023. It was noted Ms X had been issued with a section 21 notice in October 2023.
42. Ms X said she made an appointment to see her housing officer in September 2023. But she was not seen until two hours later and had to ask again for her documents to be reviewed. The Council has acknowledged there was a delay in assessing Ms X’s application. We acknowledge it has apologised, but this did cause significant distress to Ms X.
43. The Council accepted the prevention duty and completed a PHP in early December 2023. It was noted Ms X was to liaise with the PRS team who had started looking for properties. I do not consider there to be any fault with how this PHP was completed.
44. In January 2024 the Council apologised to Ms X for previously incorrectly telling her she would be considered a priority need and placed in temporary accommodation if it accepted the relief duty. Whilst I acknowledge the Council has apologised, this did cause distress and confusion to Ms X.
45. A further PHP was completed in April 2024 and the Council accepted the relief duty. The PHP stated Ms X was to continue to search for private properties and stated she could register for social housing. Ms X was also offered a three-bedroom property which she declined due to it being outside the borough. Ms X denies this. But the Council’s notes evidence it made the offer. The PHP was completed in line with the guidance, and I do not consider there to be any fault.
46. The Council wrote to Ms X in April 2024. It explained that once the relief duty ended, it did not owe the main housing duty as it said Ms X did not have priority need. Evidence of what the Council took into consideration when reaching this decision is detailed in paragraph 34. As the Council has followed the correct process and considered all the relevant information, we cannot question its decision. There is no evidence to suggest the Council has unlawfully discharged its duty.
47. Ms X said the Council has failed to confirm whether she is on its housing register. From the evidence seen, Ms X was told in February 2024 she could be added to the register. But then in October 2024 it was noted the Council would look into her request to join its register. Therefore, there is some confusion and delay in Ms X being provided with a clearer response. This is fault.

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Agreed action

48. To address the injustice caused by fault, within one month of my final decision, the Council has agreed to:
• write to Ms X with an apology that takes account of our published guidance on remedies and accepts the findings of this investigation;
• pay Ms X £150 in recognition of the distress caused to her by the fault identified in this statement; and
• write to Ms X and explain whether she is on the Council’s housing register.
49. The Council should provide us with evidence it has complied with the above actions.

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Final decision

50. There was fault by the Council. The actions the Council has agreed to remedy the injustice caused. I have completed my investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman