Summary: We have found the Council at fault for how it handled Miss X’s homelessness case and her request to be referred to another council. This caused Miss X avoidable distress and uncertainty and left her and her child in unsuitable accommodation. The Council has agreed to remedy Miss X’s injustice with an apology, symbolic payment and a backdated position on a transfer waiting list.

The complaint

1. Miss X complained that the Council placed her in unsuitable temporary accommodation and would not refer her homelessness application to another borough.

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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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What I have and have not investigated

4. I have not investigated Miss X’s complaint that her accommodation has impacted on her mental health as this is a personal injury claim, more appropriate for the courts.
5. I have considered whether the alleged fault caused Miss X avoidable distress.
6. Miss X came to the Ombudsman in May 2024. I have investigated the period between May 2023 and May 2024. Starting 12 months before Miss X brought her complaint to us.

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How I considered this complaint

7. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
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

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.

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)

The main housing duty

11. 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)

Review rights

12. 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;
• whether the conditions are met for the referral of their case to another housing authority;
• the conditions for referral to another authority are not met so the notifying housing authority owes the main housing duty;
• 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.

What happened

Background

13. In January 2023, Miss X approached the Council. She and her child were homeless, fleeing domestic abuse. The Council accepted the relief duty and placed Miss X and her child in interim accommodation. This self-contained, one-bedroom property was out of borough in an area not considered to be a risk area for Miss X.
14. Six months later, in August, the Council accepted the main housing duty. Miss X’s accommodation became temporary accommodation with review rights.

Review request

15. In November, Miss X requested a suitability review of her accommodation. She said sharing a bedroom with her child was negatively affecting her mental health. She had a letter from a medical professional supporting this request.
16. The Council said that because more than 21 days had passed since it had accepted the main duty, it could not carry out a statutory review under Section 202. It agreed to carry out a non-statutory review.
17. In December, Miss X withdrew her review request. She said that her priority was staying in the area she was currently living as she felt safe, and her child was attending school there.

Request to transfer to another borough

18. In January 2024, Miss X approached other councils, including the borough she was living in, requesting to move her homelessness application to their authority. They explained that the Council had to resolve Miss X’s homelessness or make a referral to a different council.
19. One of the councils Miss X had approached contacted the Council and made it aware that Miss X wanted to transfer her application.

Miss X complained

20. In March, Miss X complained to the Council about the disrepair and general condition of her accommodation. She said it was also unsuitable for her disability and mental health. Two months later, the Council responded and contacted the property agent to address Miss X’s concerns.
21. Miss X remained unhappy and asked again for a transfer to a different borough due to domestic abuse safety concerns. When the Council did not respond to Miss X’s request, she brought her complaint to the Ombudsman.

Update

22. The Council continued to work with the property agents to address the disrepair issues in Miss X’s accommodation. In September, the Council wrote to Miss X. It informed her upon review, her property was unsuitable and placed her on a transfer list. Later that month, the Council carried out a housing needs assessment. Miss X identified areas that she considered unsafe due to links with the perpetrator of the domestic abuse.
23. At the time of this decision, Miss X and her child remain in the same temporary accommodation.

My findings

Poor communication

24. Miss X told the Council (via another council) that she wanted to be referred to a different council in March 2024. She repeated this and told the Council her temporary accommodation was unsuitable when she complained.
25. The Council did not respond to Miss X’s request to be referred, and when it responded to her complaint, it solely focussed on the disrepair of the property. This was fault.
26. This poor communication caused Miss X distress and frustration. It also deprived her of her legal right to appeal a decision.
27. The Council has agreed to apologise for the poor and often delayed communication since it placed Miss X in interim accommodation in January 2023. The Council has also agreed to pay Miss X £250 for the distress this caused.

Suitability of accommodation

28. The Council was required to keep the suitability of Miss X’s accommodation under review and should have carried out a new suitability assessment when she told the Council it was unsuitable in March 2024. The Council only addressed the disrepair concerns with the property agent as part of a response to Miss X’s complaint.
29. Miss X had deeper concerns about the property in terms of its suitability in relation to her disability and impact on her mental health. Most importantly, she did not want to remain with the Council as the borough was linked to the perpetrator of the domestic abuse.
30. The Council delayed addressing Miss X’s concerns about the suitability of the property for her disability or in relation to the domestic abuse. Only after Miss X had brought her complaint to the Ombudsman did the Council review the suitability of Miss X’s accommodation. This was fault. This caused Miss X further distress and uncertainty.
31. The Council has agreed to apologise for not keeping the suitability of Miss X’s accommodation under review.
32. Although the Council found Miss X’s accommodation unsuitable in September 2024, she remains in the same property, six months later. This is ongoing fault causing an injustice.
33. The Council agreed to pay Miss X £200 per month for each month she remains in unsuitable accommodation. This should start from March 2024 when she raised a complaint and continue until the Council secures suitable accommodation for her or refers her to her preferred ‘safe’ area.

Transfer list

34. Miss X (via another council) requested for her application to be referred to a different borough in March 2024. This was in relation to her safety. The Council did not consider this request until September 2024 when it placed her on the transfer list
35. On the balance of probabilities, if the Council had acted sooner, it would have placed Miss X on the transfer list sooner, and she could have potentially moved to suitable accommodation.
36. Miss X is happy in the area she is currently living (outside the Council’s borough) but the property is too small. She requested for her case to be referred to the borough in which she is living to avoid the chance of being offered permanent accommodation in the Council’s area as she is at risk from the perpetrator of the domestic abuse.
37. The Council has agreed to backdate Miss X’s position on the transfer list to March 2024.

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Agreed action

38. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for the poor communication in relation to her homelessness application and for failing to keep the suitability of her accommodation under review.
2. Pay Miss X £250 for the distress caused by the poor communication and delays.
3. Pay Miss X £200 per month in recognition of the time spent in unsuitable accommodation. At the time of this decision, this is 14 months, £2800.
4. Continue to pay Miss X £200 per month until the Council secures suitable accommodation or refers Miss X to another borough. If, after 6 months, Miss X remains in the same accommodation, we will continue opening a new case.
5. Backdate Miss X’s position on the transfer list to March 2024.
6. Demonstrate how, in the future, it will progress homelessness applications including better communication and timeliness of decisions.
7. Demonstrate how, in the future, it will keep the suitability of interim and temporary accommodation under review.
39. The Council should provide us with evidence it has complied with the above actions.

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Decision

40. I have found the Council at fault for failing to adequately communicate with Miss X and review the suitability of her temporary accommodation. This caused Miss X distress and uncertainty and meant that she remained in unsuitable accommodation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman