Summary: Mr X says the Council ended his interim accommodation agreement unfairly. He also says it closed his homelessness application by referring it to another Borough who cannot help him. Mr X says his belongings were also stolen from his interim accommodation. Mr X says this has caused him distress. We have found fault in the Council’s actions for failing to discuss the issues Mr X raised with his interim accommodation with him before ending his agreement. The Council has agreed to issue an apology, pay a financial payment to Mr X and make service improvements.

The complaint

1. Mr X says the Council ended his interim accommodation agreement unfairly. He also says it closed his homelessness application by referring it to another Borough who cannot help him. He also says his belongings were stolen.

2. Mr X says this has caused him distress and to have to find new accommodation.

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The Ombudsman’s role and powers

3. 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)
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)
5. Homeless applicants may request a review within 21 days of being notified of the following decisions:

• to notify their case to another authority when the Council considers the conditions for referral are met;

6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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What I have and have not investigated

7. I have investigated Mr X’s complaint the Council ended his interim accommodation agreement unfairly.
8. I have not investigated Mr X’s complaint the Council closed his homelessness application by referring it to another Borough who cannot help him. This is because Mr X has a right to review this decision which is the correct route to address his concerns.
9. I have also not investigated Mr X’s complaint his belongings were stolen from the interim accommodation. This is because this would be a matter for the Police.

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How I considered this complaint

10. I have reviewed the information Mr X supplied and discussed the complaint with him over the telephone.
11. I have also reviewed the information provided by the council in response to enquiries I made.
12. Both Mr X and the Council were invited to provide comments on my draft decision. Any comments received were considered before a final decision was made.

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What I found

13. 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.
14. If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must make inquiries into what, if any, duty it owes.
15. A council must secure interim accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need.
16. If councils are satisfied applicants are homeless and eligible for assistance, they must take reasonable steps to secure accommodation. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. The relief duty lasts a maximum of 56 days. (Housing Act 1996, section 189B)
17. There is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.
18. 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)
19. Certain decisions councils make about homelessness carry a statutory right of review. The review decision then carries a right of appeal to court on a point of law. Homeless applicants have the right to ask for a review of the suitability of temporary accommodation provided under the main housing duty. We refer to these rights as s202 reviews. (Housing Act 1996, s202)
20. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (on the Application Of) v Birmingham City Council [2022] EWCA Civ 601)

What happened

21. The Council assessed Mr X and decided to place him in interim accommodation.
22. Mr X contacted the Council in late February 2024 to complain about the condition of the accommodation. He told the Council there was a bad smell and the accommodation was in a terrible condition.
23. The Council contacted the provider of the accommodation to report Mr X’s concerns. The provider of the accommodation responded the following day to say Mr X had packed his belongings and left the property the previous week. The provider also confirmed it had checked the accommodation and everything was working and there was no smell.
24. Mr X emailed the Council in early March 2024 to complain about the accommodation and that his belongings had been taken.
25. The Council wrote to Mr X towards the end of March 2024 to say Mr X had breached the terms of his license agreement as it was clear he was not occupying the accommodation. The Council explained it did not have a duty to provide Mr X with any further interim accommodation. It said he must continue with his own arrangements while it decided his homelessness application.
26. The Council also said it considered if there were any reasons of vulnerability which might explain the behaviour which led to the loss of Mr X’s accommodation. It said it had decided he was fully responsible for his actions.
27. The Council then wrote to Mr X in April 2024 to confirm it considered conditions were met to allow it to refer his case to another authority. It also said the other authority had now agreed this.
28. Mr X complained to the Council in late April 2024 and said he had raised the issue of a burst pipe and foul smell in his interim accommodation. But nobody at the Council answered so he raised the issue with the temporary accommodation provider.
29. In response to enquiries raised, the Council has offered to apologise to Mr X and pay him £250 for any injustice Mr X suffered.

Analysis

30. Mr X reported the issues he was having in his interim accommodation to the Council in February 2024. While I can see the Council investigated the issues, I cannot see the Council contacted Mr X again to discuss the problems he was having or the result of any investigations it made. This is fault.
31. The Council then issued a letter saying Mr X had breached the terms of his license agreement and it no longer owed him a duty to provide interim accommodation.
32. The letter also said the Council had considered if there were any reasons of vulnerability which might explain why Mr X had lost his accommodation and had decided there were not. The Council has not provided any evidence to show how it reached its decision. This is fault.
33. I accept Mr X left the property in February 2024 before the Council investigated the issues he had raised. As such, it may always have reached the decision it did about Mr X breaching the terms of his license agreement.
34. However, Mr X has been left with the feeling that had different action been taken by the Council the outcome may have been different.

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Agreed action

35. Within one month of a final decision, the Council should:

• Write to Mr X to apologise for the faults identified.
• Pay Mr X £250 to recognise the distress caused by the faults identified.
• Remind officers in writing of the importance of discussing issues with interim accommodation with residents before a decision is made ending the interim duty.
• Remind officers in writing of the importance of noting the thinking behind decisions made.

36. The Council should provide us with evidence it has complied with the above actions.

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Final decision

37. I have found fault in the actions of the Council for failing to discuss the issues Mr X raised with his interim accommodation before ending his agreement.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman