Summary: Miss X complained about the Council’s delay in rehousing her after she had to leave her home due to domestic abuse. We found the Council’s failure to properly consider Miss X’s circumstances or review its records to confirm what, if any, duty it owed Miss X in March 2023 is fault. This fault caused Miss X confusion and uncertainty for which the Council will apologise.

The complaint

1. The complainant, Miss X complained about the Council’s delay in rehousing her after she had to leave her home due to domestic abuse. She says she was promised a direct offer of permanent accommodation but has been waiting for four years.

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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 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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. Certain decisions on homelessness can be challenged by the complainant seeking a review and then exercising their right of appeal to the county court on a point of law. Normally we would not investigate complaints about the following decisions where these review and appeal rights apply, as long as we are sure the complainant has been properly informed about their rights.
6. 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

7. Miss X complains the Council; has failed to support her since a fire at her home in 2020, however we would not consider events over this full period. Miss X raised her concerns with the Ombudsman in September 2024. While we would generally only investigate events in the previous 12 months I have exercised discretion to consider matters since March 2023 when Miss X reapproached the Council. It was open to Miss X to raise her concerns about earlier events much sooner.
8. I have referred to earlier events in this statement for context only.
9. We are also unable to consider more recent events where the Council has not yet had an opportunity to consider these complaints under its complaints procedure.

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How I considered this complaint

10. As part of the investigation, I have:
• considered the complaint and the documents provided by Miss X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• Miss 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

Homelessness

11. 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.
12. Where the council has reason to believe an applicant may be homeless or threatened with homelessness, it should make enquiries to enable it to decide if they are eligible for assistance and, if so, what duty it owes them. (Housing Act 1996, section 184)
13. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons.  All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.32 and 18.33)
14. If a council is satisfied the applicant is homeless and eligible for assistance, it will owe a relief duty. This duty means a council must take reasonable steps to secure accommodation for any eligible homeless person. When a council decides the relief duty has come to an end (usually after 56 days), it must notify the applicant in writing. (Housing Act 1996, section 189B)
15. A council must secure accommodation for applicants 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)
16. If homelessness is not successfully prevented or relieved, a council will owe a main housing duty to applicants who are eligible, have a priority need for accommodation and are not homeless intentionally. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
17. 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)
18. 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.

Housing allocations

19. 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))
20. 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))

21. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises. It uses a banding scheme to prioritise applications. Those with the highest priority will be awarded the Emergency Band, and those with the lowest priority are awarded Band 4.
22. The Emergency Band is for those with the most critical and immediate needs to move. The policy says very few applicants will qualify for this level of priority.
23. Homeless applicants can be placed in any of the band depending on their circumstances. For example, applicants owed a prevention duty can be awarded Band 1, while applicants owed the main housing duty can be awarded Band 2.

Background

24. Miss X approached the Council in August 2020 as she was homeless, fleeing domestic abuse. The Council provided Miss X with temporary accommodation. Miss X stayed in the temporary accommodation for a brief period before returning to her home.
25. Following an arson attack on her home in November 2020 Miss X was offered accommodation at a refuge. Miss X did not stay at the refuge. She instead stayed with family. The Council offered Miss X further temporary accommodation in December 2020. Miss X refused this accommodation as she felt the area was a safety risk for herself and her family.
26. In December 2020 Miss X applied to join the housing register.
27. The Council made Miss X direct offers of permanent accommodation in April 2021, December 2021, and March 2022. Miss X refused these offers as she considered they were unsuitable.
28. In June 2022 the Council offered Miss X further temporary accommodation. The Council considered this accommodation was suitable for Miss X’s family’s needs and advised it would not make any further offers of accommodation pending a decision on her homelessness application.
29. The Council then wrote to Miss X in November 2022 and confirmed it had accepted a relief duty, backdated to August 2020. In a second letter of the same date, the Council advised Miss X the relief duty had ended. The Council said it was satisfied Miss X had suitable accommodation available for her occupation for at least six months. It also noted that it had attempted to contact Miss X several times but had been unable to and had not had a response. The Council assumed, from the lack of contact, that Miss X had resolved her housing circumstances. It advised Miss X of her right to a review of this decision.
30. Miss X says she did not receive a letter or email ending the relief duty in November 2022.

Current complaint

31. Miss X visited the Council offices in early March 2023 requesting assistance. The Council offered temporary accommodation at Property 1, which Miss X accepted. The Council has since identified the offer of temporary accommodation was made in error. Officers assumed the Council had accepted a homeless housing duty to Miss X without checking the records properly.
32. In April 2023 an inspection officer attempted to arrange to visit Property 1 to check for disrepair. Miss X responded to say she did not accept Property 1. In May 2023 the managing agents for Property 1 advised the Council Miss X was unwilling to allow access for new doors to be installed.
33. The managing agents contacted the Council again in August 2023 and advised Miss X was still refusing access the install the new doors unless all the carpets in the property were replaced. They asked the Council to inspect the property to help resolve the situation. Miss X says it was difficult to arrange access for the landlord as she left the property so early in the morning and was out all day.
34. A visiting officer wrote to Miss X then visited the property in late August 2023 and left a calling card. They visited again a week later and left another calling card.
35. In mid-September Miss X contacted the Council with an image taken from her CCTV and asked whether the person worked for the Council. She was concerned that they had turned up unannounced and that her address was recorded on the Council’s system, which risked her safety.
36. The Council told Miss X the image was of the visiting officer and that it could not remove her address from its records as the Council had provided this accommodation. It asked Miss X to confirm if she was living at the property.
37. Miss X told the Council she left the house at six o’clock to commute to her child’s school and then to her younger child’s nursey. The Council asked Miss X to confirm which schools her children attended, what time they were home after school and whether they were at the accommodation during weekends and school holidays.
38. In January 2024 the Council wrote to Miss X advising it would end the temporary accommodation at Property 1 on 12 February 2024. It referred to the conditions of the placement which required Miss X to ensure the cost of the accommodation was covered. As Miss X had not made a claim for housing benefit or made any payments towards the rent there were now substantial rent arrears.
39. Miss X made a formal complaint to the Council in May 2024. She complained:
• a previous temporary accommodation address had been wrongly disclosed;
• she had not been given the correct priority banding on the housing register;
• her case is high risk and the Council had ignored her;
• she has been overlooked for suitable properties.
40. She asked the Council to do what was agreed at Child Protection and MARAC (Multi Agency Risk Assessment Conference) meetings in 2020.
41. Miss X made a further complaint in June 2024 that social services had failed to provide protection and that all parties had failed to provide safe permanent accommodation.
42. In September 2024 Miss X asked her MP for support with her housing situation. Miss X said it was agreed at Child Protection and MARAC meetings in 2020 that her case was high risk and the safety of her family was imperative. And that her family should be placed in safe, permanent accommodation. Miss X also told the MP her eldest child had special educational needs and could not easily move school. She said the Council had not provided permanent accommodation or met her family’s needs.
43. Miss X also asked the Ombudsman to investigate her complaint. We referred the matter back to the Council to respond under its complaints procedure.
44. On 12 September 2024 the Council made a final offer of accommodation to discharge the homeless duty. Miss X considered the accommodation unsuitable as it did not meet her medical and safety requirements. She asked the Council to rescind the offer. She asserted the Council had made the offer in response to contact from the Ombudsman rather than with her needs in mind.
45. The Council then responded to Miss X’s complaint on 13 September 2024. It acknowledged it had not responded to Miss X’s communication in line with its service standards and apologised. The Council could not see that Miss X’s address had been given out incorrectly and asked for specific details of her concerns.
46. In addition the Council said Miss X’s file was up to date with the relevant factors of her situation and her risk areas were recorded on file. The Council advised that the restrictions on areas meant any wait for a property may take longer. It also confirmed Miss X had been awarded the correct priority banding.
47. In relation to Miss X’s concerns about being overlooked for properties, the Council explained that although Miss X was on the list for a direct offer, there were numerous cases on the housing register bidding for properties. It was a matter for the allocations manager to decide which properties could be pulled for direct offers and which should be advertised for applicants to bid on. The Council said resource is scarce and it can take some time for a property to materialise. It would make an offer as soon as it was able to.
48. Miss X chased an update on her review request and in early October 2024 the Council advised officers were meeting to discuss her case the following week and would update her. On the same day another officer wrote to Miss X advising that as she had refused the offer of accommodation the Council’s duty to house her had ended and she would need to vacate Property 1 by 1 November 2024.
49. On 15 November 2024 the Council wrote to Miss X explaining that as she had declined the offer of accommodation of 12 September 2024 her housing register application had been cancelled and the Council considered its duty to re-house her as a homeless person had ended. It advised Miss X of her right to review the decision.
50. Miss X responded setting out why the property offered was unsuitable and noted she had not received a response to her appeal submitted on 13 September 2024.
51. An officer attempted to contact Miss X to discuss her concerns and a way forward. The officer then sent Miss X an email setting out the current situation and the issues they wanted to discuss with Miss X.
52. The officer explained the Council had been operating under the impression it had accepted a main homeless housing duty to Miss X but this was not correct. The Council had not accepted the main homeless housing duty to Miss X after it ended the relief duty in November 2022. As the Council had not accepted the homeless duty Miss X could not request a formal review of the suitability of any accommodation.
53. They noted the Council had sent Miss X a letter discharging the homeless duty on 4 October 2024 but acknowledged the duty could not be ended if it had not started in the first place. The officer withdrew the discharge of duty letter dated 4 October 2024 as it was not valid.
54. In addition the officer said that as Miss X was living in temporary accommodation and did not have a settled home the Council should accept the homeless duty towards her now. This would be backdated to August 2020. The officer also arranged for Miss X to be included on the housing register in Band 2H, backdated to August 2020.
55. Once the Council had accepted the homeless duty, it would offer suitable settled accommodation. The officer asked Miss X to confirm what she would consider safe and suitable accommodation and to confirm the areas where she might be in danger.
56. Miss X discussed her case with the officer then confirmed in writing the type of property she needed, in an area where she could be supported by her support network. Miss X also confirmed she was not living at Property 1 as it was too far from her oldest child’s school. They were instead staying with family members but this was overcrowded and not suitable.
57. In early December 2024 the Council told Miss X it had identified settled accommodation and asked for Miss X’s views. Miss X said she could not accept a property in this area as it was a danger area for her. The Council noted the property was close to an area Miss X had identified as suitable. It asked whether the list of suitable areas could be expanded.
58. The Council has since formally offered Miss X this property, which she has refused. Miss X has a right to request a review of the suitability of this property. As Miss X refused the offer of accommodation, the Council has now ended its main housing duty. Miss X has requested a review of this decision.

Analysis

59. The Council’s failure to properly consider Miss X’s circumstances or review its records to confirm what, if any, duty it owed Miss X in March 2023 is fault.
60. However, this fault does not however appear to have affected the outcome. The Council wrongly assumed it had accepted a homeless duty to Miss X and provided temporary accommodation. I consider it likely that had the Council properly considered this matter it would have accepted a homeless duty and offered Miss X temporary accommodation. The outcome would therefore have been the same.
61. There is no evidence Miss X raised concerns about Property 1 or told the Council she was not occupying at Property 1 until November 2024. The Council was therefore unaware Miss X felt the accommodation was too far from her child’s school, or that she was staying with family members in unsuitable accommodation. Although Miss X did not technically have a right the request a review of the suitability of Property 1, had she done so, it is possible the Council’s error would have come to light sooner.
62. The Council has now accepted a main housing duty and made a final offer of accommodation to discharge this duty. Miss X does not consider the accommodation is suitable and can request a review of this decision. The Council has also ended the main housing duty. Miss X has requested a review of this decision. The Ombudsman would expect Miss X to use her review and appeal rights and would not consider these issues.
63. The Council has also awarded Miss X Band 2 priority on the housing register and backdated this to August 2020. Miss X believes she should have higher priority, but this is in line with the Council’s allocation policy. Applicants who are owed the main housing duty are awarded Band 2 priority.

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Agreed action

64. The Council has agreed to:
• apologise to Miss X for the confusion and uncertainty caused by the failure to properly consider Miss X’s circumstances and the duty the Council owed her in March 2023. 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.
• remind relevant officers of the legal duty to assess and make an accurate and comprehensive record of the current housing and support needs of the applicant. Particularly where the Council has previously accepted a duty to the applicant.
65. The Council should take this action within one month of the final decision on this complaint and provide us with evidence it has complied with the above actions.

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Final decision

66. The Council’s failure to properly consider Miss X’s circumstances or review its records to confirm what, if any, duty it owed Miss X in March 2023 is fault. This fault caused Miss X confusion and uncertainty.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman