Summary: Mr Y complained on behalf of Miss X about how the Council handled her homeless application. We have found fault with the Council for placing Miss X in interim accommodation that placed her at risk. This caused Miss X avoidable distress during an already stressful period. The Council agreed to apologise and make a payment to Miss X in recognition of the distress caused. We found no fault with how the Council handled Miss X’s homeless application after her stay in interim accommodation.

The complaint

1. Mr Y complained on behalf of Miss X about the way the Council handled her homelessness application.

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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. Miss X brought her complaint to us in April 2024. She complained about events that took place in October-December 2022 which are late. However, in the intervening period, Miss X’s mental health was poor, she was sofa-surfing and became pregnant. Therefore, I have exercised discretion and investigated back as far as October 2022.

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How I considered this complaint

6. I have considered Miss X’s complaint and have spoken to her and Mr Y, her representative, about it.
7. I have also considered the Council’s response to Miss X and the Council’s case file.
8. 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

The 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. 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)
11. Applicants in priority need include people who are homeless because of being a victim of domestic abuse.

The relief duty

12. 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)

The main housing duty

13. 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

14. 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

15. Homeless applicants may request a review within 21 days of being notified of a decision including the decision:
• 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

16. 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)
17. 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)

What happened

Homeless and fleeing domestic abuse

18. Miss X approached the Council. She said she was homeless and fleeing domestic abuse. Miss X said while she was at the Council building, the perpetrator arrived and tried to assault her.
19. The Council placed Miss X in interim accommodation. This was the same accommodation that the Council placed Miss X in the previous year. Miss X said her perpetrator knew where this accommodation was and as it was the same room as last year, it was triggering for her. When the Council went to move her, Miss X was not at the property. This was a Friday.
20. On the Monday, Miss X contacted the Council. She said she was scared to stay at the accommodation and had spent the weekend staying at a friend’s.
21. The Council contacted Miss X a few days later and told her it had accepted the Relief Duty and sent Miss X a copy of her Personal Housing Plan (PHP). Over the next few weeks, the Council and Miss X looked at housing options including the private rented sector. During this period, both Miss X and the Council missed calls from each other leading Miss X to believe the Council was ignoring her.
22. Two months later, Miss X told the Council that the perpetrator had turned up at her accommodation. The Council arranged for Miss X to move to alternative accommodation that day. Miss X said she would rather stay with a friend where she felt safer.
23. The following month, after not being able to reach Miss X, the Council closed her case on the grounds of ‘lost contact'.

Homeless and pregnant

24. Three months later, Miss X presented at the Council as homeless and pregnant. She said although she didn’t consider the perpetrator to be a risk, she could no longer sofa surf or live in her car.
25. Miss X confirmed she could stay with her mother for a while and then she was going on holiday. The Council asked Miss X to make contact when she returned from holiday if she had nowhere to stay.
26. Later that month, the Council accepted relief duty and provided Miss X with her PHP. Two months later, the Council accepted the main housing duty and placed Miss X on the waiting list for supported accommodation. It also confirmed her banding and asked her to bid on at least 3 properties a week.
27. When she was 27 weeks pregnant, Miss X told the Council her sofa surfing options had run out. The Council placed Miss X in emergency temporary accommodation (B&B) for two weeks. It then offered self-contained temporary accommodation. Miss X stayed for one night but moved out due to an alleged insect infestation. The Council called pest control. Miss X said she would make her own arrangements and would contact the Council when she needed emergency accommodation.
28. The Council offered Miss X temporary accommodation in a shared house. Miss X said she was scared to stay in a shared house and refused the accommodation. The Council said she was not entitled to self-contained accommodation until the baby arrived. Miss X said she would approach the Council again once the baby arrived.
29. Mr Y from a homeless charity became involved to support Miss X. He confirmed the Council had accepted the main housing duty and asked what the waiting time was for a placement in a mother and baby unit. The Council explained there was no timeline but waiting times were longer due to demand.

Homeless with a baby

30. Mr Y contacted the Council to inform it that Miss X had given birth and that her time staying with family was coming to an end. He explained that Miss X needed accommodation near her family due to her support needs.
31. A month later, the Council offered Miss X self-contained temporary accommodation. Miss X and the baby moved in the next day. Miss X raised concerns about the suitability of the accommodation. This included accessibility with a baby, the small kitchenette, the bathroom only having a shower and the size of the flat restricting the baby’s movement.
32. Mr Y requested a suitability review on behalf of Miss X. The Council agreed Mr Y’s request for a 2 week extension to supply supporting information.
33. A few weeks later, Miss X reported to the Council that her car windscreen had been smashed. She said that she believed it was the perpetrator and she did not feel safe in the temporary accommodation. The Council offered alternative accommodation. Miss X said it was dirty and unsanitary and asked the Council to withdraw its offer.
34. Mr Y continued to pursue the unsuitability of the temporary accommodation on the grounds of Miss X being at risk. The Council said there was no evidence from the police that the perpetrator was responsible for the broken windscreen or that he knew the location of the temporary accommodation.
35. The Council issued a draft review decision letter. This upheld the Council’s decision that the temporary accommodation was suitable. It offered Miss X an extra week to provide further information to support her case. Mr Y requested a further week’s extension which the Council agreed.
36. Mr Y submitted evidence in support of Miss X’s case that the accommodation was unsuitable. He said that further medical information was to follow.
37. Miss X contacted the Council to say she had two holidays booked (6 days and 9 days) in the coming months. The Council told Miss X that she would need to leave her accommodation on both occasions and be rebooked into temporary accommodation when she returned.
38. Mr Y contacted the Council on Miss X’s behalf. He said Miss X was having problems with the shower and it was affecting her ability to care for her baby. He also asked the Council to reconsider whether Miss X had to leave her accommodation when she went on holiday as it was very disruptive.
39. The Council arranged for a drainage specialist to repair the shower. It also said that it would not change its mind about Miss X vacating the accommodation when she goes on holiday. It explained that property was very limited, and it did not have the luxury of leaving property empty.
40. The Council issued its final decision stating it could not wait any longer for further medical evidence. It concluded Miss X’s temporary accommodation was suitable but accepted Miss X would benefit from some support.
41. The Council identified a potential private rental property for Miss X. Miss X liked it, but the landlord did not reply to messages. The Council offered a different property, but Miss X was not interested as it had a shower instead of a bath.
42. Miss X requested to move rooms as the blocked shower was smelling. The Council arranged for Miss X to move rooms within the temporary accommodation.
43. Over a month after the Council’s final review decision, Miss X’s GP provided medical evidence. Mr Y asked the Council if it could be used to support Miss X’s suitability review request. The Council said the review decision was made and points addressed so it would not reconsider its decision.
44. A month later, the Council offered Miss X a 2 bedroom private rental property under S193. Mr Y raised concerns about the affordability of the property for Miss X. The Council said it would assist with meeting the rent shortfall and it would assess the affordability in a years’ time.
45. Miss X complained about the delay in providing her with a bed and sofa. The Council assured Miss X that it had been ordered. The Council also provided Miss X with a voucher for other essentials she required.

My findings

Unsafe interim accommodation

46. The Council placed Miss X in interim accommodation. She raised concerns that because she had stayed here the year before, the person she was fleeing domestic abuse from knew where she was. Although the Council initially tried to move Miss X, it did not arrange alternative accommodation until the perpetrator arrived at the accommodation two months later. This was fault. This caused Miss X avoidable distress. The Council has agreed to apologise to Miss X and pay her £200 in recognition of the injustice caused.

Sofa surfing while pregnant

47. Miss X approached the Council as pregnant and homeless. The Council assessed Miss X, and satisfied she was initially able to stay with her mother, the Council did not offer interim accommodation. I have found no fault here.
48. The Council asked Miss X to make contact once she had nowhere to stay. In the meantime, the Council accepted the relief duty, produced a PHP and accepted the main housing duty.
49. When Miss X informed the Council, she was no longer able to stay with friends and family, the Council immediately placed Miss X in emergency B&B accommodation for two weeks then offered a studio flat. When Miss X reported problems with this accommodation, the Council were quick to react. It offered alternative accommodation which Miss X declined. Miss X told the Council she would wait until the baby arrived so she would be eligible for self-contained accommodation. This was Miss X's choice to make. The Council was not at fault.

Suitable accommodation for a mother and baby

50. Once Mr Y informed the Council that Miss X had delivered her baby, the Council offered Miss X a self-contained studio flat. Miss X accepted this but immediately submitted a suitability review request.
51. The Council carried out the review quickly while allowing for time extension requests from Miss X and Mr Y. I have found no fault with how the Council handled the review or how it reached its decision that the temporary accommodation was suitable. Miss X had a right to challenge this decision in court on a point of law, which it was reasonable for her to use.
52. The Council’s temporary accommodation agreement states that if a tenant stays away from the property for more than two nights, they must vacate the property. Miss X was aware of this when she accepted the temporary accommodation. The Council was not at fault for refusing to make an exception when she wanted to go on holiday while leaving her belongings in the flat.
53. The Council was quick to deal with Miss X reports of a faulty shower and when it could not repair it, it moved Miss X to a different room.

Conclusion

54. Other than the initial fault where the Council left Miss X in a vulnerable position in interim accommodation, I have found no fault with how the Council handled Miss X’s homelessness application.
55. The Council stayed in regular contact with Miss X and were quick to react when Miss X required emergency accommodation or reported problems with insects or blocked showers. Miss X used her right to review the suitability of the temporary accommodation which the Council dealt with in a timely and fair manner.
56. I acknowledge that at times, there were instances where Miss X felt that housing officers were not as helpful as they could have been. However, I think these were during periods of frustration on both sides when communication became difficult. I have not however seen any evidence of Council officers behaving rudely or inappropriately.

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Agreed action

57. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for placing her in interim accommodation that put her in a vulnerable position.
2. Pay Miss X £200 in recognition of the distress caused by placing Miss X in interim accommodation even though Miss X had said it placed her at risk.
58. The Council should provide us with evidence it has complied with the above actions.

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Final decision

59. I have completed my investigation. I have found fault with the Council for placing Miss X in interim accommodation that placed her at risk. I have found not fault with how the Council handled Miss X’s homelessness application since April 2023.

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Investigator's decision on behalf of the Ombudsman