Summary: Mr X complains the Council failed to provide him with accommodation between August and December 2023, and delayed issuing its decision that he was not in priority need. We find fault with the Council for delay accepting the relief duty and communicating its decision about priority need. We have agreed a symbolic payment to Mr X for the frustration and distress caused.

The complaint

1. Mr X complains the Council failed to provide him with accommodation between August and December 2023, and delayed issuing its decision that he was not in priority need.
2. Mr X would like an apology from the Council, and compensation for the delay.

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The Ombudsman’s role and powers

3. 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)
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. I spoke with Mr X and the Council and considered the information it provided.
6. I considered relevant law and guidance, as set out below and our guidance on remedies, published on our website.
7. Mr 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

Law and guidance

Homelessness

8. 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.
9. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)

Assessments and Personal Housing Plans

10. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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

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)

Interim and Temporary Accommodation

12. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
13. 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)
14. 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)
15. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601)

Review rights

16. Homeless applicants may request a review within 21 days of being notified of the various decisions. This includes:

• what duty (if any) is owed to them, including that no further duty is or will be owed because they are not in priority need;
• giving notice to bring the relief duty to an end.

What happened

17. In August 2023 Mr X received notice to leave his address. On 16 August he told the Council he had to leave on the 18 August.
18. The Council carried out a full housing needs assessment on the same day, and sent an email to Mr X asking for proof of his identity and a consent form so it could get any relevant medical information.
19. Mr X responded on the same day but did not see the consent form.
20. The next day the Council accepted the prevention duty and created a personalised housing plan.
21. On 18 August Mr X called the Council to ask about interim accommodation. The Council said it would not offer interim accommodation as he was not in priority need.
22. Mr X called the Council again in September, October and December but his case officer did not return his calls.
23. On 6 December the prevention duty ended and the Council wrote to Mr X awarding him relief duty, but said he was not in priority need (NIPN).
24. On 15 December Mr X’s representative made a review request of the NIPN decision which the Council overturned, saying it had not made sufficient enquiries to satisfy if Mr X was in priority need. Mr X’s representative sent the Council a psychiatric report detailing his mental health condition.
25. A few days later the Council agreed to find interim accommodation for Mr X. He moved into interim accommodation on 18 December. Mr X asked for advice from the Council about what happens after the relief duty ends.
26. On 29 December the Council made a new NIPN decision.
27. On 2 January 2024 Mr X’s representative sought a review of the NIPN decision.
28. On 3 January Mr X called the Council as he was confused about whether the temporary accommodation was going to end two days later. The Council advised it would continue.
29. Relief duty ended on 4 January. On 15 January the Council reviewed the NIPN decision and again overturned it.
30. The Council accepted the main housing duty on 22 February.
31. In April Mr X complained to the Council about its decision on 16 August 2023 not to provide interim accommodation at prevention duty stage, and on 6 December 2023 not to provide accommodation at relief duty stage.
32. The Council response said:
• It accepted that relief duty should have been accepted when Mr X was asked to leave his property on 18 August 2023. The Council did not tell Mr X until 6 December.
• When Mr X approached the Council on 16 August he said he had a diagnosed mental health condition and was on medication. He did not disclose any further information which would suggest he would be in priority need. The Council were not aware of his other mental health diagnosis until 15 December when it received his psychiatric report.
• There was a delay in providing accommodation to Mr X from 15 December when it had reason to believe he was in priority need, until the 18 December when the Council did provide interim accommodation.
• The Council apologised and offered £100 to Mr X for the three days of missed accommodation (15 – 18 December 2023).
33. Mr X was not happy with this response so he made a stage two complaint in July. He said the delay by the Council in not telling him he was not in priority need deprived him of the opportunity to challenge the decision and provide further relevant information (which he did as soon as he received the decision).
34. The Council increased its offer to £500 for the three days of missed accommodation.

Analysis

35. The Council should have accepted relief duty in August when Mr X became homeless. There was a delay of nearly four months until the Council told Mr X in December. This is fault by the Council causing frustration and distress to Mr X. This also delayed his review rights.
36. Had the Council told Mr X he was NIPN in August, on the balance of probabilities Mr X would have sought a review immediately (as he did once he got the letter in December). His representative would have sent the psychiatric report earlier and Mr X would have received accommodation had the decision been overturned, as it was in December.
37. But for the delay, the offers of interim accommodation made to Mr X in December would have happened in August / September. Provisionally this is fault by the Council causing distress and frustration to Mr X, who had to stay with various friends during this period.

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Agreed action

38. Within one month of the final decision the Council should:
1. Apologise to Mr X for the fault identified above. 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 I have recommended in my findings.
2. Pay Mr X £250 to acknowledge the frustration and distress caused by the delay informing him it accepted the relief duty;
3. Pay Miss X £1000 in respect of four months he was not housed, reflecting a sum of £250 per month, in accordance with the Ombudsman’s Guidance on Remedies.
4. The total payment to Mr X is £1250.
39. Within three months the Council should remind officers of the importance of notifying homelessness applicants of the correct homelessness duty and ensuring the Council accepts and ends the correct duties at relevant times.
40. The Council should provide us with evidence it has complied with the above actions.

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Final decision

I find fault with the Council for delay in providing accommodation for Mr X, and delay in sending out the relief duty letter. I have recommended symbolic payments for the frustration and distress caused to Mr X.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman