Summary: Mr X complained about the way the Council handled his homelessness and housing register applications. Mr X said he did not have the correct priority on the housing register and did not receive the homelessness assistance he should have. We found the Council at fault for closing Mr X’s homelessness application early which meant there was a delay with him receiving the correct priority on the housing register. To remedy the injustice caused the Council agreed to make a payment to Mr X for the distress caused, backdate his priority on the housing register and carry out a service improvement.

The complaint

1. Mr X complains the Council did not process his homelessness application correctly and as a result he did not receive support he should have. Mr X also complains the Council did not properly assess his position 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 consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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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How I considered this complaint

5. As part of this investigation I considered the information provided by Mr X and the Council. I sent a draft of this decision to Mr X and the Council and considered comments received in response.

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What I found

Homelessness

6. 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.
7. 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)
8. 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. This is called the prevention duty. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
9. 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)
10. A council must secure interim 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. (Housing Act 1996, section 188)
11. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
12. 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). This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Housing allocations

13. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
14. An allocations scheme must give reasonable preference to applicants in the following categories:
• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others; (Housing Act 1996, section 166A(3))
15. The Council operates a choice based lettings scheme where applicants can place bids on properties. After applicants bid on a property it is then allocated to an applicant who has the highest priority on the housing register. The Council has four priority Bands. Band 2 includes applicants who are homeless and who the Council has owed the main housing duty.

What happened

16. Mr X suffers from several medical conditions which includes being profoundly deaf. As a result he has a requested reasonable adjustment to communicate in writing.
17. In late February 2023, Mr X approached the Council for homeless assistance. His landlord had given him a notice to leave his privately rented accommodation. Mr X mentioned in his homeless application form he was profoundly deaf.
18. The Council decided it owed Mr X a prevention duty. The Council said it tried to contact Mr X’s landlord via his letting agency to see if there was anything it could do to stop the landlord proceeding with possession action.
19. In March 2023, the Council placed Mr X into Band 4 on its housing register as he was threatened with homelessness. At this time Mr X provided the Council with medical evidence about the conditions he suffered with. The Council said it considered this but did not believe Mr X should move to a higher Band. The Council did decide Mr X and his partner needed separate bedrooms based on the medical evidence. As a result., Mr X could place bids on three bedroom properties.
20. In late May 2023, the Council wrote to Mr X to close his homelessness case. The Council said it tried to telephone him several times and had not received a response. Mr X contacted the Council shortly after and explained he was deaf and could not take telephone calls. As a result the Council re-opened Mr X’s homelessness case but instead of reinstating the prevention duty it took a new homelessness application from him.
21. In early June 2023, the Council received a copy of a fresh notice Mr X’s landlord had sent him asking him to leave his property.
22. In early August 2023, the Council decided to owe Mr X the relief duty. This was after the notice from his landlord had expired.
23. The Council offered Mr X interim accommodation in October 2023. This was in another Council area. Mr X said he could not accept this due to the location and his partner would not be able to travel to work. The Council also became aware that Mr X’s court hearing for possession was delayed until spring 2024.
24. In late October 2023 the Council decided it did not owe Mr X the main housing duty as he was not threatened with homelessness. The Council said this was because the court had delayed Mr X’s possession hearing.
25. In July 2024, Mr X made a further approach to the Council for homelessness assistance as he had received a possession order to leave his accommodation. The Council decided it had reason to believe Mr X was homeless, eligible for assistance and in priority need and placed him into interim accommodation in mid-July 2024.
26. In August 2023, the Council moved Mr X’s housing register priority into Band 3 as he had moved to temporary accommodation and had multiple needs.
27. In September 2024, the Council decided it owed Mr X the main housing duty. As a result, the Council moved Mr X’s housing register priority to Band 2.
28. Mr X remained dissatisfied and complained to the Ombudsman.
29. After making enquiries with the Council it responded and said it had reviewed Mr X’s case. The Council recognised it should not have closed Mr X’s homelessness application in May 2023 and should have reinstated the existing prevention duty in early June 2023 instead of treating his case as a new homelessness application. The Council also said it should not have sent Mr X a not homeless decision in October 2023 based on the fact his possession hearing had been delayed. The Council said had it continued with Mr X’s original homelessness application from February 2023, it would have likely owed him the main housing duty in June 2023. The Council said it had backdated his Band 2 priority date to June 2023 instead of September 2024. The Council also considered whether Mr X would have obtained a property on the housing register had he been in Band 2 since June 2023. However the three bedroom properties which were allocated since June 2023 went to applicants in Band 2 with November 2022 priority date.

Analysis

30. The Council was at fault for closing Mr X’s homelessness application in May 2023. While the Council said it made attempts to contact Mr X, it did so by telephone. Mr X says as he is profoundly deaf he finds communicating via phone very difficult and it causes him significant distress and anxiety.
31. The reasonable adjustment duty is set out in the Equality Act 2010 and applies to any body which carries out a public function. It aims to make sure that a disabled person can use a service as close as it is reasonably possible to get to the standard usually offered to non-disabled people. Service providers are under a positive and proactive duty to take steps to remove or prevent obstacles to accessing their service. If the adjustments are reasonable, they must make them.
32. In this case the Council was aware Mr X was profoundly deaf as this was stated on his homelessness application form. Failure to consider whether he needed adjustments to use its service was fault. As a result, the Council closed Mr X’s homelessness application.
33. After Mr X contacted the Council once he had received the closure letter the Council did not reinstate its prevention duty but took a new homelessness application. This was fault. Then the Council made a not homeless decision which it accepted was an incorrect decision. This resulted in the Council closing Mr X’s homelessness application. Mr X had to make a further homeless application to the Council at a later date.
34. Had the Council dealt with Mr X’s homelessness application without the above faults it could have placed him into interim accommodation sooner and owed him the main housing duty sooner.
35. The Council has recognised the above faults, and this is welcomed. The Council has recognised Mr X would have been placed into Band 2 on the housing register sooner if the above faults had not happened as he would have been owed the main housing duty much earlier. The Council has apologised to Mr X for the above faults and amended his Band 2 priority date to June 2023 to remedy the fault. This is welcomed and would be in line with what we would recommend the Council carry out. However the Council has not offered Mr X a remedy for the distress and frustration he suffered as a result of having to make three homelessness applications.

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Agreed action

36. Within one month of my final decision the Council agreed to carry out the following:
• Pay Mr X £500 to recognise the distress and frustration he suffered as a result of the Council incorrectly closing down his homelessness applications.
• Issue Mr X with a decision letter which says he has been placed into Band 2 with a priority start date in June 2023.
• Look at what procedures it has in place to consider reasonable adjustments. The Council should identify why the adjustments Mr X needed were not picked up in his case and consider what measures it can put in place to ensure similar issues are not missed in the future.
37. The Council should provide us with evidence it has complied with the above actions.

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Final decision

38. I have completed my investigation and found the Council was at fault and this caused Mr X injustice. The Council agreed to the above actions to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman