Summary: Mrs X complained about the Council’s handling of her homelessness case. There was fault in the way the Council did not move Mrs X and her family when it decided her temporary accommodation was not suitable, told Mrs X to wait for a bailiff to evict her, delayed accepting the relief duty and incorrectly applied its policy in backdating an application. This frustrated Mrs X. She lived in unsuitable accommodation and incurred additional travel expenses. The Council has agreed to apologise, make a financial payment and provide guidance to its staff.

The complaint

1. Mrs X complained about the Council’s handling of her homelessness case. She said the Council placed her in unsuitable accommodation, failed to consider her caring role and did not consider the impact on her children when they were placed around 30 miles away from their previous home. Mrs X said she had to commute to her home area on public transport due to her children’s education and her caring role. Mrs X said this impacted her finances and the unsuitable accommodation impacted the family’s wellbeing.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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

4. I read Mrs X’s complaint and spoke to her about it on the phone.
5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs 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

Background information

7. 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.
8. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
9. 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)

10. 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. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
11. 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)
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). 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)
13. 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)
14. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:

• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

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

• 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.

16. The review must be carried out by someone who was not involved in the original decision and who is more senior to the original decision maker. The reviewing officer needs to consider any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information the council has obtained since the decision. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19)
17. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:

• eligibility for assistance;
• not in priority need;
• intentionally homeless;
• suitability of accommodation;
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the relief duty to an end.

18. These periods can be extended if the applicant agrees in writing.
19. The council must advise applicants of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)
20. 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)
21. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
22. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
23. If, having made inquiries, the council is not satisfied an applicant is homeless, eligible, and in priority need, it will have no further accommodation duty.
24. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. 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)
25. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
26. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
27. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because 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.
28. 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))
29. The Council allocations policy sets out it would increase the priority dates for eligible applicants by five years.

What happened

30. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
31. Mrs X lived in a privately rented home with her four children. She received a section 21 notice in August 2023.
32. The Council accepted the prevention duty in September 2023. The Council told Mrs X she did not need to leave the property until she received a bailiff’s warrant. The Council spoke to the letting agent, to try to offer an incentive to allow Mrs X to remain in her home. The landlord did not accept any offer, saying they were selling the property.
33. The Council recorded Mrs X needed a four-bedroom property at the end of November 2023. It offered Mrs X the opportunity to join a list for a property outside London. Mrs X confirmed this was not suitable because of her children’s schooling, and her caring roles for her parents and a child close to her home.
34. The Council accepted the relief duty in December 2023. Mrs X continued to chase the Council for support.
35. The Council accepted the main housing duty for Mrs X in February 2024. The Council awarded Mrs X band C priority and confirmed she needed three bedrooms, as one of her children moved out of her home.
36. In May 2024, Mrs X asked the Council about backdating her application by five years, as detailed in the Council’s allocations policy. The Council directed Mrs X to the allocations policy and stated she did not qualify for any backdating.
37. The landlord evicted Mrs X in June 2024. The Council placed her in temporary accommodation, around 30 miles from her home. This accommodation was a studio flat. Mrs X appealed the suitability of her accommodation. She set out the amount she was spending on travelling to and from her previous area for school and her caring role, stating it was more than her income.
38. At the end of July 2024, the Council decided the property was not suitable for her family. Mrs X asked the Council to place her in band B. The Council confirmed it placed her in band C and on the urgent transfer list.
39. In August 2024, the Council asked its medical advisers to consider Mrs X’s medical priority. The adviser confirmed Mrs X had no medical priority. Mrs X asked the Council to reconsider her case.
40. Mrs X provided further information in September 2024. The Council considered this evidence, and placed Mrs X in band B.
41. Mrs X continued to chase the Council. In October 2024, the Council explained it would not apply the five years backdating as Mrs X had moved from band C to B, and this would not be fair to others. The Council set out when Mrs X moved to suitable temporary accommodation and her banding returned to C, it would reapply the five years backdating.
42. Mrs X complained at the end of October 2024. She complained about how the Council did not award her the five years backdating. She also complained she was living in a studio flat with her three children.
43. The Council responded to the complaint in November 2024. The Council explained Mrs X was in band B as her accommodation was not suitable. The response confirmed the backdating applied to the original priority date, the date the Council accepted the main housing duty. The Council said the five years applied to band C, and the award of band B superseded this. The Council accepted Mrs X had spent more time in unsuitable accommodation than anticipated but would keep trying to move her.
44. Mrs X did not agree with the Council’s response and asked it to consider her complaint at stage two. Mrs X complained being placed out of the area was not suitable.
45. The Council responded to Mrs X’s stage two complaint in December 2024. The response accepted the distance from Mrs X’s children’s school was not acceptable. The response said the Council would prioritise a transfer to a property closer to the area. The Council said it would wait until Mrs X had moved into suitable accommodation, then consider how much financial compensation was warranted.
46. Mrs X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mrs X would like the Council to offer her accommodation in her previous area.
47. In response to my enquiries the Council stated it had now offered Mrs X a property in the area she wished, although she rejected this due to safety concerns. The Council accepted it made a mistake when applying the five years backdating, and this should have been applied in Mrs X’s case.

My findings

Suitable accommodation

48. The Council considered Mrs X’s temporary accommodation was unsuitable in July 2024. It is not enough for a council to simply say it will find an applicant alternative temporary accommodation and wait for a property to become available. We expect Council’s to evidence their efforts to secure suitable temporary accommodation at both a strategic and individual level. The Council has not evidenced its efforts to secure suitable accommodation for Mrs X. This is fault.
49. The Council has explained the difficulties in finding temporary accommodation in its area. We are mindful of the difficulties in finding housing in London and nationally. However, the law says temporary accommodation must be suitable and the duty to provide suitable accommodation is immediate and cannot be deferred. The delay moving Mrs X to suitable accommodation since July 2024 is fault. Mrs X and her family have lived in unsuitable accommodation since July 2024.
50. Our Guidance on Remedies recommends a payment of £150 - £350 for each month spent in unsuitable temporary accommodation. The Council was aware the property was considered unsuitable due to its size and location. Mrs X has lived in a studio flat, 30 miles from her home area, schools and caring roles, with her three children since July 2024. The Council should make a payment at the higher end of this scale due to the severity of Mrs X’s situation.
51. The Council left Mrs X and her children in the property until they were evicted by bailiffs. The Code of Guidance says a council should not require an applicant to remain in the property until a court issues a warrant or writ to enforce a possession order. In determining whether it would be reasonable for an applicant to continue to occupy accommodation following expiry of a valid section 21 notice the authority will need to consider all the factors relevant to the case and decide the weight each should attract. The Guidance says these factors include:
• the preference of the applicant;
• the position of the landlord;
• the financial impact of court action and the build-up of arrears;
• the burden on the courts of unnecessary proceedings where there is no defence to a possession claim; and
• the general cost to the housing authority.
52. The Council should have provided interim accommodation to Mrs X before this happened. Instead, Mrs X experienced the distress of eviction and potentially costs. This is fault.

Allocation of the five years backdating

53. The Council accepted in its response to my enquiries it made a mistake about backdating the application when Mrs X moved to band B. The Council accepted the policy does not reference banding when mentioning backdating an application by five years. This is fault, causing Mrs X uncertainty and a lack of opportunity to bid on 12 properties she could have successfully bid on, if the Council had applied the policy correctly.
54. Where there has been fault, resulting in an applicant missing an opportunity to successfully bid on a property, the Ombudsman usually recommends a council makes a direct offer of the next suitable property available. However, the Council has now offered Mrs X a property. Mrs X has appeal rights against the Council’s offer, so this investigation has not considered this offer.

Duty timescales

55. The Council accepted the prevention duty in September 2023. It then accepted the relief duty in December 2023. The prevention and relief duty should last for 56 days.
56. The Council should have decided if it accepted the relief duty after 56 days, in November 2023, then the main housing duty at the end of December 2023.
57. The Council delayed accepting the relief duty by six weeks. This then delayed accepting the main housing duty by six weeks. This is fault. I cannot say this fault has caused Mrs X any significant injustice in this case.

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Agreed action

58. To remedy the outstanding injustice caused to Mrs X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Mrs X for the fault identified in this case. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mrs X £300 as an acknowledgement of the frustration, distress and uncertainty the Council fault caused.
• Pay Mrs X £300 per month from July 2024 when it assessed her property was not suitable. The Council should make this payment until it discharges its homelessness duty. The Council should be satisfied it has made a reasonable offer of accommodation and completed any review of this decision, before it ends this payment.
• Reimburse Mrs X’s travel expenses incurred to reflect the additional costs due to being placed outside her area, subject to evidence.
• Reimburse Mrs X any court or bailiff costs incurred in the eviction process, subject to evidence.
• Provide guidance to its housing officers responsible for considering homeless applications. This is to ensure all officers have a clear understanding of its duties under the Housing Act 1996 and the Homelessness Code of Guidance
59. The Council should provide us with evidence it has complied with the above actions.

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Decision

60. I have completed my investigation. I have found fault by the Council, which caused injustice to Mrs X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman