Summary: We have found no fault with how the Council handled Miss X’s homelessness application. Its actions were timely and in line with homelessness legislation and guidance.

The complaint

1. Miss X complained about how the Council handled her homelessness application. She said the Council placed her in accommodation that was damaging to her mental health.

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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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How I considered this complaint

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

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.

The relief duty

7. 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

8. 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

9. Homeless applicants may request a review of 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

10. In January 2023, Miss X approached the Council. She was homeless and fleeing domestic abuse. The Council accepted the relief duty and issued a personalised housing plan (PHP). Following further assessment including the identification of areas Miss X said she would be at risk, the Council secured interim accommodation for Miss X.
11. The Council was aware of Miss X’s mental health problems. Therefore, a month later, it secured alternative interim accommodation in supported housing. This meant Miss X had access to a caseworker and other support organisations.
12. The Council accepted the main duty in mid-March, 56 days after it accepted relief duty. Miss X remained in supported housing, but this became temporary accommodation with review rights.
13. In July, the Council offered Miss X social housing. The Council considered the property to be suitable for Miss X. It was not in the area Miss X had identified a location she would be at risk from the perpetrator.
14. Miss X refused the property. She said that a friend of the perpetrator lived in the area, and she would not feel safe. The Council reviewed its decision and withdrew the offer on the grounds of unsuitability for Miss X.
15. Miss X continued to live in the supported temporary accommodation. Between July and November, the Council issued several warnings about Miss X’s behaviour. In November, she was evicted from the accommodation after breaching the licence agreement.
16. The Council offered Miss X alternative temporary accommodation. It then offered Miss X social housing which she accepted and moved into in December 2023. The Council ended its duty and has had no further contact with Miss X.

My findings

17. Miss X spent 11 months in interim and temporary accommodation secured by the Council. The Council considered Miss X’s poor mental health and provided supported housing for most of the time. This gave Miss X access to support services that would be unavailable in most accommodation.
18. The Council was quick to accept the relief duty and accepted the main duty within 56 days.
19. I have found no fault with the Council’s actions. The Council handled Miss X’s homelessness application properly. I have seen no evidence that the Council’s actions intentionally damaged Miss X’s mental health. It secured accommodation that it considered would support Miss X and was quick to offer alternatives when Miss X said accommodation was unsuitable.

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Decision

20. I have found no fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman