Summary: The complainant, Mr X, complains about the significant delays by the Council in progressing his homelessness application. He also said the Council has failed to consider whether he should be placed on the housing register and delayed responding to his complaint. We find the Council was at fault for the delay in progressing his homelessness application and delay in responding to his complaint. This caused significant distress to Mr X. The Council has agreed to make several recommendations to address this injustice caused by fault.

The complaint

1. The complainant, Mr X, complains about the significant delays by the Council in progressing his homelessness application. He also said the Council has failed to consider whether he should be placed on the housing register and delayed responding to his complaint. Mr X said this has caused him significant distress.

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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 a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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)
5. 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

6. I have investigated Mrs X complaint as set out in paragraph 1. I have not investigated the Council’s decision to end its duty as it did not consider Mr X to have a priority need. This is because Mr X requested a review which has now been escalated to court. Therefore, this is outside our jurisdiction.
7. As detailed in paragraph 4 we would not normally investigate late complaints unless we decide there are good reasons. I have exercised discretion to investigate from February 2022. This is because there is evidence Mr X was chasing the Council for updates. Mr X also spent time in hospital during this period.

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How I considered this complaint

8. I spoke with Mr X about his complaint. I considered all the information provided by Mr X and the Council.
9. Mr 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

10. 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.

Assessments and personal housing plans

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)

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 Council’s housing allocations policy

13. Point 20.10 of the policy says an applicant can be given 10 homelessness points if they are homeless or threatened with homelessness. It says they will qualify for the points if they are homeless. When the Council is satisfied someone is homeless, it will usually accept the relief duty.

The Council’s complaints policy

14. At stage one of the complaints process, the Council will aim to respond within 10 working days. Where the case is more complex, it may take up to 20 working days. But it will let the complainant know if this would happen.
15. At stage two of the complaints process, the Council will aim to respond within 20 working days. Where the case is more complex, it may take up to 30 working days. But it will let the complainant know if this would happen.

Summary of the key events

16. Mr X approached the Council in November 2021 for homelessness assistance. He was provided with temporary accommodation.
17. The Council completed a personal housing plan (PHP) with Mr X in February 2022 after it had accepted the relief duty. The PHP stated Mr X remained in temporary accommodation whilst the Council made a decision on whether he should be accepted onto its housing register. It stated Mr X was to:
• provide relevant information to the Council;
• search for privately rented properties; and
• register on two separate housing websites.
18. The PHP stated the Council would:
• continue to offer advice on how to search for properties; and
• assist Mr X with a deposit and rent if he found a private property.
19. Mr X contacted the Council shortly after. He said he had registered on the housing websites but said he was referred to the Council to request if he could be placed onto its housing register. He also said he did not think he would be able to afford to rent privately. He asked how he could be added to the Council’s housing register.
20. The Council explained being accepted on the housing register would be following the investigation being completed into his homelessness application. It said this was still ongoing and hoped to update him soon.
21. Mr X contacted the Council in August 2022 asking for an update. He said his health had deteriorated and he had to return to hospital for surgery. He said he had not heard from the Council in six months.
22. The Council asked Mr X to send in more recent medical information, which he sent on the 8 August 2022.
23. Mr X contacted the Council in March 2023 for an update. In response the officer said they had not worked in the housing department since January 2023. They forwarded on Mr X’s email to the housing department.
24. A new housing officer contacted Mr X in October 2023. They apologised for the delays and said due to the passage of time they may need to revisit the application afresh. They asked Mr X to send in documents.
25. Mr X questioned this as he had already sent this information when he initially approached the Council. But he resent it to avoid further delay.
26. A review of the PHP was carried out in October 2023. It was noted that:
• Mr X had registered with the housing websites. But the properties were out of area and Mr X did not want to move due to his support networks;
• Mr X said renting privately was unaffordable;
• Mr X agreed to the Council referring him to a service who assist single clients to find alternative accommodation to relieve homelessness;
• the Council believed searching for private properties would be reasonable to relive Mr X’s homelessness; and
• the Council would be completing a decision on Mr X’s application after obtaining up to date medical information from the GP.
27. The Council requested medical information from Mr X’s GP in October 2023. It chased up a response in the following month.
28. The Council’s medical advisor considered the information in the same month. It was noted that Mr X had undergone surgery in June 2022 and a stoma was fitted. The medical advisor suggested obtaining an up-to-date report to determine whether Mr X still had a stoma or whether this had been reversed.
29. The Council chased the GP for an updated report in December 2023 and January 2024.
30. Mr X asked for an update in February 2024. The Council explained it was trying to get more information from his GP. It also reviewed his PHP. The outcomes were similar to the October 2023 review. But it was noted the service the Council had previously referred Mr X to, had now contacted him.
31. The Council’s medical advisor considered the updated medical information in the same month. They stated there was nothing of particular significance compared to an ordinary person. They did not recommend long-term housing.
32. The Council sent Mr X its decision letter. It said it did not consider him to have a priority need. It ended the relief duty. Mr X requested a review of this decision, and he said he has sought court action.

Complaint to the Council

33. Mr X initially complained to the Council in February 2024 about the delay in making a decision on his application. The Council responded at stage one of its complaints process in the same month. It accepted there had been delays and apologised. It agreed the assessment took a long time. But it said Mr X was provided with accommodation throughout. If a decision had been made earlier, it said he would not have been provided temporary accommodation.
34. Mr X requested his complaint be escalated in the same month. He said consideration had not been given to the impact on him. The Council responded in July 2024. It said:
• its previous response was insensitively worded and said it understood the delay caused him distress;
• temporary accommodation was initially provided as it had reason to believe he might be in priority need; and
• it accepted there had been delays. It said the relief duty was not being continuously conducted, nor were enquiries continuing.

Analysis- was there fault by the Council causing injustice?

35. Mr X initially approached the Council in late November 2021 and the Council provided him with temporary accommodation. This was because it had reason to believe he might be in priority need. It accepted the relief duty in February 2022 and completed a PHP.
36. Mr X asked for an update in August 2022 and stated his health had deteriorated. The Council asked him to send in updated medical information which he sent straight away. Mr X asked for a further update in March 2023. The officer stated they had left that department, and a new housing officer was allocated in October 2023. Therefore, there was significant delay in this case between February 2022 and October 2023. This is fault.
37. The Council has accepted there has been delays. It has also accepted the relief duty was not being continuously conducted, nor were enquiries continuing. The February 2022 PHP stated the Council would continue to offer advice on how to search for properties. But I have seen no evidence to suggest this was actioned. This is fault.
38. I acknowledge that had the Council made a decision on Mr X’s application sooner, he would not have been provided with the temporary accommodation. But this fault did cause significant distress to Mr X at a time he had significant concerns about his housing situation.
39. Once the new officer was allocated in October 2023, the Council acted quickly and made a decision by February 2024. There was some delay in seeking medical information. But I have seen evidence to support the Council was chasing the GP for this. The Council ended the relief duty and decided Mr X did not have priority need.
40. Mr X said the PHP outcomes were not feasible. From the evidence seen, he did advise the Council in February 2022 that he had registered on a housing website which had directed him back to the Council. The PHP was reviewed in October 2023 which noted the properties on the housing website were not in the area where Mr X’s support networks were. It was also noted Mr X stated he could not afford to rent privately.
41. Whilst I acknowledge the delays, the Council deemed the actions proposed to be a reasonable step to relive Mr X’s homelessness. This was a decision for the Council to take. It considered Mr X’s income, bank statements and local housing allowance rates when making the decision that he could afford to rent privately. There was no fault in how it reached this decision. I therefore cannot question it.
42. In February 2022 Mr X asked the Council how he could be added to its housing register. In response the Council said being accepted on the housing register would be following the investigation being completed into his homelessness application. But as stated in paragraph 13, the policy states where the relief duty has been accepted, applicants will be awarded 10 points on the housing register. I have not seen any evidence to suggest this was relayed back to Mr X. This is fault. But I consider the injustice to be limited. This is because it’s highly unlikely Mr X could have bid successfully with 10 points.
43. Mr X said he should have been awarded medical points. But as stated above, at that point in the process, the policy allows 10 points when the relief duty has been accepted. There was no further requirement for the Council to consider awarding medical points.
44. Mr X complained to the Council in February 2024. The Council initially responded within its timescales. But following Mr X requesting his complaint be escalated in February 2024, the Council did not respond until July 2024. This is fault and not in line with the Council's complaints policy. This caused significant distress to Mr X.

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Agreed action

45. To address the injustice caused by fault, within one month of my final decision, the Council has agreed to:
• write to Mr X with an apology that takes account of our published guidance on remedies and accepts the findings of this investigation; and
• pay Mr X £400 in recognition of the distress caused to him by the fault identified in this statement.
46. Within three months the Council has agreed to:
• review its homelessness service to ensure there is a robust monitoring system to identify delays promptly and take action to rectify them; and
• remind staff dealing with complaints about the importance of adhering to its published timescales and sending appropriate updates to complainants where delays are anticipated.
47. The Council should provide us with evidence it has complied with the above actions.

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Final decision

48. 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