Summary: Mr X complained about the way the Council handled his homelessness and housing register applications. We have found the Council at fault for delaying in deciding Mr X’s housing register application, delays processing his homelessness application and for not providing temporary accommodation. This caused Mr X avoidable distress and meant he spent time in unsuitable accommodation. To remedy the injustice caused the Council agreed to apologise, make a payment to Mr X, offer him temporary accommodation and issue him with a decision on his housing register application.

The complaint

1. Mr X complains about the way the Council handled his homelessness application and his application to join its housing register. Mr X said the Council:
1. Delayed assessing his housing needs after he applied as homeless.
2. Did not tell him he could join the housing register during his homelessness assessment.
3. Delayed processing his housing register application after he applied.
4. Gave incorrect information to his MP by telling them it was in regular communication with him.
5. Has not provided temporary accommodation despite his landlord taking steps to evict him.
6. Carried out a medical assessment which he disagreed with and did not allow him to challenge this.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, 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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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance. I sent a draft of this decision to Mr X and the Council and considered comments received in response.

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What I found

Homelessness

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 and anyone who lives with 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. The Homelessness Code of Guidance says councils should treat tenants with section 21 notices in the following way:
• Where an assured shorthold tenant has received a valid notice in accordance with section 21 of the Housing Act 1988; and,
• the housing authority is satisfied that the landlord intends to seek possession and further efforts from the housing authority to resolve the situation and persuade the landlord to allow the tenant to remain in the property are unlikely to be successful; and,
• there would be no defence to an application for a possession order; then it is unlikely to be reasonable for the applicant to continue to occupy beyond the expiry of a valid section 21 notice, unless the housing authority is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation for a reasonable period to provide an opportunity for alternative accommodation to be found.

• The Secretary of State considers that it is highly unlikely to be reasonable for the applicant to continue to occupy beyond the date on which the court has ordered them to leave the property and give possession to the landlord.
• Housing authorities should not consider it reasonable for an applicant to remain in occupation up until the point at which a court issues a warrant or writ to enforce an order for possession.

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. This is called the Prevention duty. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
12. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the Relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
13. Councils 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)
14. 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)
15. 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.
16. 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)
17. 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.
18. 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)

What happened

19. Mr X lives in private rented accommodation with his wife and adult son. Mr X’s son has rare and serious medical conditions which require him to have a ventilator at night.
20. In late February 2024, Mr X’s landlord sent him a section 21 notice asking him to leave his property. The notice expired in May 2024.
21. On 5 March 2024, Mr X made a homelessness application to the Council. In March and April 2024, Mr X attempted to contact the Council as he had not heard anything.
22. In late April 2024, Mr X’s caseworker asked if he could come in for an assessment in a few days’ time. Mr X was unable to make this appointment and tried to contact his caseworker to rearrange. After not receiving a response he made a formal complaint to the Council on 10 May 2024.
23. The Council responded to Mr X’s complaint on 24 May 2024 and apologised for the delays allocating his case and lack of response. The Council arranged Mr X’s homelessness assessment for 4 June 2024.
24. The Council carried out Mr X’s homelessness assessment on 4 June 2024 and decided it owed him the Prevention duty. The Council sent Mr X a Personalised Housing Plan where the Council agreed to contact his landlord to see whether the Council could prevent his homelessness. The Council also sent Mr X’s case to its medical advisor to assess the type of accommodation suitable for Mr X’s family. The Council emailed the estate agents responsible for Mr X’s property to make enquires about his eviction.
25. Shortly after, the Council received its report back from its medical assessor. The Council decided Mr X’s family could live in hostel accommodation. Mr X contacted the Council and explained his son could not live in hostel accommodation with shared facilities due to his serious medical condition. Mr X also explained the Council had used the wrong diagnosis for his son when carrying out the medical assessment and his son needed to be near the hospitals in the borough where he received specialist treatment.
26. In late June 2024, Mr X asked the Council to consider his complaint at the next stage of its process. Mr X said he was unhappy with the Council’s decision that the family could live in shared accommodation and did not need to be near the hospitals where his son received treatment at. Mr X also complained the Council had not moved him into alternative accommodation as his landlord was in the process of evicting him.
27. The Council carried out a Health and Disability Assessment to assess what type of accommodation Mr X’s family needed. In early July 2024, the Council told Mr X his family’s accommodation needs were a self-contained three bedroom property which was within reasonable travelling distance of the hospital Mr X’s son received treatment at.
28. On 11 July 2024, Mr X applied to join the housing register. This was after he had been to an advice agency who told him he could do this.
29. On 22 July 2024, the Council contacted the estate agents responsible for Mr X’s property again as it had not received a response to its earlier contact.
30. On 30 July 2024, the Council provided its final response to Mr X’s complaint. The Council said:
• Mr X did not have to leave his private rented property until a bailiff’s warrant expired or the Council provided temporary accommodation. The Council said it would find Mr X suitable temporary accommodation after he got his possession order from the courts.
• It had not refused to provide him accommodation in the borough. The Council said it could not guarantee accommodation in the borough due to pressures on housing.
• Mr X could ask the Council to review the Health and Disability Assessment of he disagreed with it.
• It apologised for the lack of response Mr X received about his housing application.
31. On 1 August 2024, the Council decided it owed Mr X the Relief duty. Mr X also asked the Council to review his Health and Disability Assessment. The Council told him it could not do this as he was not in temporary accommodation and had not received a decision on his housing register application.
32. On 23 October 2024, the Council decided it owed Mr X the main housing duty. The letter the Council said it sent Mr X stating this told him it would provide suitable temporary accommodation.
33. In October 2024, the Council attempted to contact Mr X’s estate agents again. Mr X’s MP also contacted the Council about his housing situation. The Council told his MP it had been in regular contact with Mr X. In late November 2024, Mr X complained to the Council that it had given false information to his MP by saying it was in regular contact with him. Mr X also raised concerns that his housing register application had not been processed.
34. The Council responded to Mr X in December 2024. The Council recognised there had not been correspondence from Mr X’s housing officer since July 2024 and apologised. The Council told Mr X it contacted his landlord asking for confirmation of his pending eviction and received no response. Because of this the Council said he was not eligible for interim or temporary accommodation.
35. In January 2025, Mr X received a claim form for possession from the courts and sent this onto the Council.

Findings

Complaint a) Delayed assessing his housing needs after he applied as homeless.

36. Mr X applied as homeless on the 5 March 2024. There was a delay by the Council in arranging an assessment for him. This was fault. The evidence shows Mr X made several attempts to contact the Council after he made his homelessness application. While the Council initially offered to assess Mr X in late April 2024, it did not respond to his request to move this appointment until he made a formal complaint.
37. Had the Council contacted Mr X within five days of his homelessness application, as it said it would do on its website, it could have avoided this part of the complaint. Further, had the Council carried out the homelessness assessment sooner, on balance it would have owed him the Prevention duty sooner.

Complaint b) Did not tell him he could join the housing register during his homelessness assessment.

38. The notes from the assessment do not mention Mr X could apply to join the housing register. While it would have been helpful to have told Mr X this was one of his housing options, I do not consider this caused him significant injustice. This is because he did apply to join the housing register several weeks later.

Complaint c) Delayed processing his housing register application after he applied.

39. Mr X applied to join the housing register on 11 July 2024. To date he has not been told whether he can join and if so, what his priority is. This is fault. Mr X sent us information provided by the Council which told him the Council would process his housing register application within 8 weeks.
40. On balance it is likely Mr X would be allowed to join the housing register given the Council decided to owe him the main housing duty. Therefore the delays processing his application have meant he has missed out on the opportunity to bid on properties.

Complaint d) Gave incorrect information to his MP by telling them it was in regular communication with him.

41. The Council has recognised it was not in communication with Mr X from July to December 2024 and apologised to him. I am satisfied this apology remedies the injustice caused by telling Mr X’s MP it was in communication with him.

Complaint e) Has not provided temporary accommodation despite his landlord taking steps to evict him.

42. The Council’s position is that it does not have to provide temporary accommodation until after Mr X receives a possession order from the courts.
43. I consider the Council is at fault for not providing Mr X with interim or temporary accommodation. The Council was aware Mr X had received a valid section 21 notice. While it tried in June and July 2024 to contact his landlord, it did not receive a response. It took no further action until October 2024 to contact his landlord again. Therefore I cannot see that it was taking steps to negotiate with the landlord to allow Mr X to remain in the property.
44. On 1 August 2024, the Council decided it owed Mr X the Relief duty, therefore it was satisfied he was homeless. I consider the Council should have offered Mr X accommodation at this stage. Further, when the Council decided to owe Mr X the main housing duty in October 2024, the Council told Mr X in its main housing duty letter, “If you have not yet been provided with temporary accommodation, the Council will contact you in due course to make you an offer of temporary accommodation under section 193(2) of the Act.”
45. Since applying as homeless in March 2024, Mr X has asked the Council to move him into suitable temporary accommodation. I recognise there may be circumstances where someone’s accommodation may not be reasonable to occupy but could be suitable interim accommodation. However in these circumstances the Council should seek the agreement with the applicant to remain in the accommodation. In Mr X’s case the Council did not do this.
46. Mr X and his family have continued to live in accommodation where they knew the landlord was going to evict them from. Mr X’s landlord has applied to court for a possession order, as a result Mr X may incur court costs. Had the Council taken further steps to contact Mr X’s landlord or moved him into interim accommodation this could have been avoided.

Complaint f) Carried out a medical assessment which he disagreed with and did not allow him to challenge this.

47. The Council’s current view of the type of property which is suitable for Mr X’s household is a three bedroom property that is within reasonable travel time of the hospital his son uses.
48. Mr X disagrees with this and believes he needs to be in the borough. The Ombudsman is not an appeal body we cannot make a finding on what type of property Mr X should have or whether he needs to remain in the borough. This is a decision for the Council.
49. In normal circumstances Mr X could ask the Council to review this decision. However the Council has refused to do this as Mr X has not been made an offer of temporary accommodation nor does he have confirmation of his position in the housing register.
50. The delays highlighted above in processing Mr X’s housing register application and offering temporary accommodation have meant Mr X cannot challenge this decision. This is an injustice to Mr X.

Other issues

51. The Council owed Mr X the Relief duty on 1 August 2024. The Council also confirmed in its 10 December 2024 response to Mr X his housing officer had not been in communication with him properly from July to December 2024.
52. The Council should have been taking steps to try to relieve Mr X’s homelessness from 1 August 2024. As Mr X’s housing officer was not in communication with him I cannot see what steps the Council took to try to relieve his homelessness. This was fault. While I cannot say the Council would have been able to help Mr X obtain accommodation during this time, there is some uncertainty about whether Mr X could have found accommodation with the help from the Council.

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Agreed Action

53. Within one month of my final decision the Council agreed to carry out the following:
1. Apologise to Mr X for the faults outlined above. 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.
2. Pay Mr X £300 to recognise the avoidable distress he suffered from the delays assessing his homelessness application and housing register applications.
3. Issue Mr X with a decision on his housing register application. Should the Council decide he can join the housing register it should backdate the start date of his application (date he joined) to reflect the date he should have been included on the register but for the Council’s delays.
4. Make Mr X an offer of suitable temporary accommodation.
5. Pay Mr X £900 for the time he spent in unsuitable accommodation. In coming to this figure I have considered our guidance on remedies which recommends £150-£300 per month for each month a household is in unsuitable accommodation. In this case I considered the Council should have offered Mr X accommodation in August 2024, after it owed him the Relief duty. I considered the payment should be for six months at the low end of the scale.
6. Refund Mr X court costs he incurs as a result of his landlord issuing possession proceedings. Mr X would need to provide the Council with evidence of court costs.
7. Consider why it took so long to contact Mr X after he made a homelessness application and arrange an assessment. The Council should look at whether there are any steps it can take to ensure applicants are not waiting such a long time for an assessment.
54. The Council should provide us with evidence it has complied with the above actions.

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Decision

55. I have completed my investigation and found the Council was at fault and this caused injustice. The Council agreed to the above actions to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman