Summary: Mr and Mrs X complained about the Council’s handling of their homelessness application. We found the Council was at fault for issuing a decision letter which was unclear. This caused frustration to Mr and Mrs X for which the Council has already apologised. The Council has agreed to a service improvement to prevent further fault.

The complaint

1. The complainants, Mr and Mrs X, complain about the Council’s handling of their homelessness application. They said the Council:
1. failed to accept the relief duty;
2. failed to provide them with a personal housing plan (PHP);
3. failed to initially offer them interim accommodation; and
4. failed to provide suitable interim accommodation.
2. Mr and Mrs X said this has caused them significant distress and they have remained living in overcrowded conditions.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. 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)
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. I have investigated points a, b and c of the complaint. I have not investigated point d. This is because Mr and Mrs X had a right to request a review of the suitability of the accommodation. I have not seen any evidence to suggest they did or that they raised any complaint about this.

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How I considered this complaint

8. I considered evidence provided by Mr and Mrs X and the Council as well as relevant law, policy and guidance.
9. Mr and Mrs 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

10. 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.

Assessments and personal housing plans

11. 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 (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

The prevention duty

12. 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)
13. The homelessness code states councils should give notice to end the prevention duty when an applicant has become homeless, triggering the relief duty. Expiry of a valid section 21 notice does not automatically render the person homeless. Under section 175 of the 1996 Act, an applicant must be considered homeless if they have no accommodation to which they have a legal right to occupy that is available to them and reasonable for them to continue to occupy.
14. The homelessness code states in determining whether it would be reasonable for an applicant to continue to occupy accommodation following expiry of a valid section 21 notice the Council will need to consider all the factors relevant to the case and decide the weight that each should attract. If the landlord confirms a willingness to consider delaying or halting action to recover possession if certain steps are taken, it will usually be reasonable for the tenant to remain in occupation to allow time for action to be taken which may prevent homelessness.

The relief duty

15. 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

16. 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

17. Homeless applicants may request a review within 21 days of being notified 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.

Summary of the key events

18. Mr and Mrs X approached the Council for housing assistance in September 2023. This was because their landlord was selling the property and they had been asked to move out.
19. The Council completed an assessment in November 2023.
20. The Council issued a decision letter shortly after. It accepted the prevention duty and said Mr and Mrs X were “homeless and eligible for assistance”. The Council completed a PHP. The PHP stated:
• Mr and Mrs X were living in a two-bed privately rented flat with their six children. They had lived there since 2007;
• the landlord had served them with a section 21 notice in October 2023 as they wanted to sell the property. They were given two months’ notice to leave;
• Mr and Mrs X would be referred to the private sector scheme;
• Mr and Mrs X could make an application to join the housing register; and
• Mr and Mrs X were to look into room renting.
21. In April 2024 after Mrs X asked for an update, the Council said it had requested authorisation for her to be added to the private rented scheme list. It advised her to look at other housing options from the PHP.
22. Mrs X asked for a further update in June 2024 regarding the private rented scheme. But the Council explained the team had not had any suitable properties sent to them.
23. Mrs X complained to the Council. She said:
• the Council failed to properly deal with her request for help in September 2023 and accepted the wrong duty;
• the Council failed to recognise her property was unsuitable due to overcrowding and the Council failed to promptly secure accommodation; and
• the Council delayed providing a PHP and failed to review this.
24. The Council responded and apologised and said it did not address all the issues Mrs X mentioned it its decision letter. It said it would withdraw the decision and ask for a new decision to be made. It said it had not asked for an immediate offer of temporary accommodation. It said in the current housing market, it is usually extremely disruptive for a family to move to temporary accommodation, especially larger accommodation. But it said it would keep this under review.
25. The Council made a temporary accommodation offer to Mr and Mrs X on the 15 August 2024.
26. Mrs X asked for her complaint to be escalated as she said the response did not offer any solution. In response the Council said:
• the new decision due to be made would identify what housing duty was currently owed;
• the points Mrs X raised would be addressed in the reconsideration response; and
• it offered Mr and Mrs X a payment of £200 in recognition for the distress caused to them and a further £100 for their time and trouble in pursuing the matter.
27. The Council issued a revised PHP in September 2024 and accepted the main housing duty. Its decision letter noted Mr and Mrs X had been provided with suitable accommodation and advised them of their right to request a review.

Analysis- was there fault by the Council causing injustice?

Parts a and c of the complaint

28. The Council accepted the prevention duty in September 2023. The decision letter issued was unclear as it referred to Mr and Mrs X as being homeless and eligible for assistance. But the prevention duty applies when an applicant is threatened with homelessness and eligible for assistance. This is fault. But it does not mean the Council should have initially accepted the relief duty. This is because the Council said it owed the prevention duty and hoped to secure a planned move before the landlord decided to make a claim for possession. This was a decision the Council was entitled to take. However, this fault did cause confusion and frustration to Mr and Mrs X. The Council has apologised in its complaint’s response.
29. Guidance states councils should give notice to end the prevention duty when an applicant has become homeless. But the expiry of a valid section 21 notice does not automatically render the person homeless. The section 21 notice was served on the 7 October 2023 and gave Mr and Mrs X two months’ notice.
30. After the two months’ notice, no further action was taken by the landlord. As per the guidance referenced in paragraph 13, the Council was entitled to allow time for action to be taken which may have prevented Mr and Mrs X’s homelessness. This is because the guidance states it would usually be reasonable for the tenant to remain in occupation during this time. Therefore, it was not fault for the Council to have only accepted the prevention duty. It had added Mr and Mrs X to the private rented scheme list and advised them to look at the other housing options from the PHP.
31. As the Council owed the prevention duty, there was no obligation on the Council to initially offer Mr and Mrs X interim accommodation during this period. Whilst I understand Mr and Mrs X said they were living in overcrowded conditions, the Council had made the decision it would be reasonable for them to remain in occupation during that time.
32. The Council accepted the main housing duty in September 2024 following Mrs X’s complaint and provided temporary accommodation. It was not fault for the Council to have not accepted this duty sooner. This is because as explained above, it had decided the prevention duty was owed.

Part b of the complaint

33. A PHP was completed in December 2023. This is detailed in paragraph 19. Therefore, I do not uphold this part of the complaint.

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Action

34. To remedy the injustice caused by fault, within two months of my final decision the Council has agreed, by training or other means, to ensure the relevant staff are clear about the difference between the prevention and relief duties when it accepts a duty. The decision letters must clearly state which duty has been accepted.
35. The Council should provide us with evidence it has complied with the above actions.

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Final decision

36. There was fault by the Council. The actions the Council has agreed to take remedy the injustice caused. I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman