Summary: Miss B complained that the Council mishandled her homelessness application. We have found the Council at fault for delays in processing Miss B’s application and providing inconsistent information. These faults caused Miss B uncertainty, distress and frustration. The Council has agreed to apologise to Miss B, make a symbolic payment and complete service improvements to remedy the injustice caused.

The complaint

1. Miss B complained the Council:
• Breached her data which caused her homelessness in 2014.
• Left her family with no housing options.
• Failed to respond to her complaints and correspondence.
• Breached the Equality Act by failing to consider her family’s medical needs.
2. Miss B says herself and her children have suffered with continued homelessness and are at risk of losing their belongings. Miss B also says their health has been impacted. Miss B would like the Council to provide a formal complaint response and to be offered a suitable property. She would also like the Council to reimburse financial losses and hold its staff accountable.

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The Ombudsman’s role and powers

3. 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)
4. 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)
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 not investigated Miss B complaint the Council breached her data and caused her homelessness in 2014. This is because this happened over 12 months ago, and I have seen no reason Miss B could not complain to us sooner. My investigation will look at the Council’s handling of Miss B homelessness application from November 2023 to September 2024.

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How I considered this complaint

7. I considered evidence provided by Miss B and the Council as well as relevant law, policy and guidance.
8. Miss B and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

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 Code of Guidance says an application can be made to any department of the authority and does not need to be in any particular form.
10. Council’s 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 prevention duty

11. 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)

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 main housing duty

13. 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

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

• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• the steps they are to take in their personalised housing plan at the prevention duty stage;
• giving notice to bring the prevention duty to an end;
• the steps they are to take in their personalised housing plan at the relief duty stage;
• giving notice to bring the relief duty to an end;
• giving notice in cases of deliberate and unreasonable refusal to co-operate;
• 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.

15. Council’s must complete reviews of the suitability of accommodation within eight weeks of the review request.
16. 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).

Council’s complaints policy

17. The Council’s published complaints policy sets out a two stage complaints process.
18. At stage one the Council should:
• Acknowledge the complaint within 5 working days
• Provide the complainant with a case reference number
• Send a full response within 20 working days from the receipt of the complaint, or 10 working days if the complaint falls within the remit of the Housing Directorate.
19. If a full stage one response cannot be provided within the timeframe specified, the Council should contact the complainant to inform them and agree a response timeframe.
20. At stage two of the Council’s complaint procedure the response should be provided within 20 working days.

What happened

Homelessness application

21. Miss B contacted the Council in November 2023 to tell them she had been issued with a Section 21 notice from her landlord, but she was unable to access the online portal to complete a homelessness application. I have not seen any evidence the Council acted at this stage to support Miss B in completing a homelessness application or assessed her housing needs.
22. Miss B contacted the Council again in February 2024 to tell it she had sent in medical information. The call advisor told Miss B the Council had not received any medical information but said it would send her a letter which detailed what medical information was needed to support Miss B’s housing register application. The Council sent Miss B the information the following day.
23. The Council told us Miss B submitted a homelessness application on 26 February 2024. However, on 23 February 2024 the Council wrote to Miss B to tell her it was satisfied she was homeless and eligible for assistance under the relief duty. The Council accepted it had a duty to help Miss B secure accommodation that would be available for at least 6 months. The Council also had a duty to arrange interim accommodation as it had reason to believe Miss B was eligible, homeless and in priority need.
24. At the end of February 2024 Miss B applied to join the Council’s housing register. The Council responded at the beginning of April 2024 and told Miss B her application had not reached the minimum threshold to be placed on the waiting list. The Council wrote to Miss B a few hours later to advise she had been accepted and was registered as priority band 2A.
25. Miss B contacted the Council the following day to request additional information about her banding. The Council has not provided any evidence it responded to this request.
26. The Council told us it carried out a personalised housing plan for Miss B in April 2024 however it has failed to provide evidence of this.
27. Miss B provided the Council with a copy of her eviction notice in May 2024. The notice said Miss B would be evicted at the beginning of June 2024.
28. The Council wrote to Miss B the following day to accept the main housing duty. This is 83 days after the Council accepted the relief duty. This letter explained the Council’s duty would come to an end if Miss B refused an offer of accommodation. It also explains Miss B has a right to request a suitability review of temporary accommodation if she did not believe it was suitable for her needs.
29. At the beginning of June 2024, the Council offered Miss B interim accommodation. Miss B refused this offer as she believed the accommodation was not suitable due to having shared amenities. Miss B said this was not suitable for her son’s special educational needs. I have not seen any evidence that Miss B provided the Council with medical evidence to support her view the accommodation was unsuitable.
30. The day after Miss B refused the accommodation offer, the Council wrote to her to advise it would no longer provide accommodation under the interim accommodation duty during the relief stage. This was because Miss B had refused an accommodation offer which the Council believed was suitable for her family’s needs.
31. Miss B called the Council the same day and told the call advisor she was staying with her sister but was not able to stay long term. The call advisor told Miss B the Council would withdraw the letter it had issued, and Miss B would stay with her sister until the Council could offer her a two bedroom property which it was expecting to happen within the next couple of weeks.
32. Two days later the Council emailed Miss B to tell her it understood she was unable to remain at her sister’s long term. The email told Miss B there was a property ‘earmarked’ for her, but the Council could not guarantee when it would be available. The Council advised Miss B that if she was not able to stay at her sister’s she should attend the Council office, and the Council would provide whatever emergency accommodation it had available. I have seen no evidence Miss B attended the Council office for emergency accommodation.
33. Miss B contacted the Council a month later to request an update on the two bedroom property it had told her about in June.
34. Miss B contacted the Council again four days later as she had not received a response from the Council. The Council responded to Miss B the same day and told her a member of the team would try to contact her the same day once they had established whether the earmarked property was ready. The Council told Miss B if the earmarked property was not available, the placement manager had requested for alternative temporary accommodation to be arranged, but the council could not say how long this would take. The Council told Miss B if she was homeless now, she should attend the office so she could be provided emergency accommodation. I have seen no evidence Miss B attended the Council office for emergency accommodation.
35. The following week the Council offered Miss B a two bedroom property. Miss B did not accept this offer as she said it was too far from her place of work and was not suitable for her son’s needs. I have seen no evidence Miss B was advised of her right to request a suitability review.
36. At the end of July 2024 Miss B contacted the Council for an update. The Council told Miss B it did not have any accommodation available and if Miss B was homeless she should attend the Council office so she could be provided with emergency accommodation. I have seen no evidence Miss B attended the Council office for emergency accommodation.
37. At the beginning of September 2024 the Council offered Miss B interim accommodation which Miss B accepted. The offer letter explained Miss B’s right to a suitability review.

Complaint handling

38. Miss B submitted a stage one complaint to the Council at the end of February 2024.
39. Miss B contacted the Council three times in June 2024 to chase the stage one complaint response as the Council had not provided a response within the given timeframes.
40. The Council provided a stage one complaint response at the beginning of July 2024. This is approximately a four month delay.
41. Miss B escalated her complaint to stage two at the beginning of October 2024. The Council issued a stage two response at the end of December 2024. This is approximately a two month delay.

My findings

42. The Council failed to take action to assess Miss B’s housing needs following her contact in November 2023. This is fault which caused Miss B distress, frustration and uncertainty.
43. Between February 2024 and September 2024, the Council has provided Miss B with inconsistent information relating to her housing register application and her homelessness application. The Council has also failed to respond to some of Miss B’s requests for updates and information. This has caused Miss B frustration and uncertainty.
44. The Council has failed to provide evidence it created a personalised housing plan for Miss B following her homelessness application in February 2024. This is fault which caused Miss B uncertainty.
45. The Council’s relief duty came to an end 56 days after it was accepted. There was a delay of approximately one month between the relief duty ending and the Council accepting the main housing duty. This is fault which caused Miss B uncertainty.
46. The interim accommodation offered to Miss B in June 2024 and July 2024 was incorrectly offered under the relief duty which had come to an end. It should have been offered under the main housing duty with a right to a suitability review. This is fault which caused Miss B uncertainty.
47. I have not seen any fault in the accommodation offered to Miss B or the Council’s actions in trying to support Miss B in finding accommodation. The Council offered Miss B a total of five properties, three of which Miss B refused as she felt they were unsuitable. The Council remained in contact with Miss B and continued to support her in finding accommodation despite her refusal of properties the Council deemed suitable for her needs. Although Miss B told the Council her son has an Education, Health and Care Plan in place, I have not seen any evidence Miss B provided the Council with medical evidence to support her refusal of the offered properties. Miss B was advised on multiple occasions to go into the office for support with emergency accommodation if she was homeless. Miss B did not follow this advice and therefore did not receive emergency accommodation.
48. At both stages of the Council’s complaints process there was a delay in issuing a response to Miss B. This is fault which caused Miss B frustration, distress and uncertainty.

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Action

49. Within one month of the final decision the Council will:
• Apologise to Miss B for the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology.
• Issue a Personalised Housing Plan for Miss B.
• Make a symbolic payment of £600 to Miss B in recognition of the uncertainty, frustration and distress caused by the faults identified.
• Make a symbolic payment of £200 to Miss B in recognition of the time and trouble she has spent pursuing her complaint.
50. Within three months of the final decision the council will:
• Issue a reminder to all its staff of the Council’s duty to accept a homelessness application through any department.
• Issue a reminder to all its staff of the correct process to follow when a member of any department has reason to believe a person may be homeless or threatened with homelessness.
• Remind its housing team of the Council’s complaints policy timeframes for issuing housing complaint responses.
51. The Council should provide us with evidence it has complied with the above actions.

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Decision

I find fault causing injustice. The Council has agreed to remedy the injustice caused by the faults identified.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman