Summary: Ms X complained about the Council’s actions in relation to her homelessness application between 2021 and 2024, and about terminology it used to describe child sexual abuse. The Council delayed making decisions about Ms X’s homeless application and used inappropriate language to describe child sexual abuse which caused Ms X frustration and distress. The Council had already offered Ms X an appropriate remedy for the frustration she was caused. It will apologise to Ms X for the distress caused by the inappropriate language.

The complaint

1. Ms X complained about the Council’s actions in relation to her homelessness from 2021 until September 2024. Ms X complained:
1. the Council delayed accepting she and her child, Y, were homeless for two years; and
2. delayed a further year in providing suitable accommodation; and
3. a Council officer used inappropriate language to describe child sexual abuse Y experienced.
2. Ms X said as a result Y had to live elsewhere for three years. Ms X said this caused them both severe distress and mental health problems. Ms X wanted the Council to apologise for its faults and provide compensation for the distress they experienced.

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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. 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)
5. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
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. Ms X complained about delay that occurred in 2021 and 2022 (point a above). The Council made a decision about Ms X’s homelessness during that period which had an appeal right to the County Court. Ms X used that appeal right, which concluded in June 2022 and so I cannot investigate what happened prior to June 2022 as set out in paragraph 5.
8. Ms X complained to the Ombudsman in November 2024. Ms X’s complaint about what happened from June 2022 to November 2023 (point b above) is late, as set out in paragraph 4. However, potentially there was injustice stemming from the Council’s decision in June 2022 and so there was good reason to investigate that matter. There was sufficient evidence available to be able to reach a sound and balanced decision on the complaint. On that basis, I investigated Ms X’s complaint about her homelessness application from June 2022 onwards.
9. I investigated Ms X’s complaint about language used to describe child sexual abuse (point c above) which stemmed from a review in 2021. Ms X raised this complaint with the Council in May 2024, however the Council did not provide a full response to the matter and so I considered there were good reasons to investigate that element of complaint.

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How I considered this complaint

10. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
11. Ms X 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

Relevant legislation and guidance

Homelessness

12. 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.
13. 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)

Duty to arrange interim accommodation

14. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)

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 make accommodation available (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 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;
• giving notice to bring the relief duty to an end; and
• 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.

Reviews

18. The review must be carried out by someone who was not involved in the original decision and who is more senior to the original decision maker. The reviewing officer needs to consider any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information the council has obtained since the decision. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19)
19. Councils must complete reviews of the decisions about eligibility for assistance or suitability of accommodation within eight weeks of the date of the review request. The timescale can be extended if the applicant agrees in writing.
20. 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)

Violence against women and girls

21. The law sets out that a child under the age of 13 can never consent to any form of sexual activity. Engaging in sexual activity with a child under the age of 13 is an offence and is child sexual abuse.
22. The Children’s Society Child Exploitation and Abuse: An Appropriate Language Guide 2017 sets out that victim blaming language exacerbates the trauma experienced by survivors of abuse and hinders their access to justice and support. It states the critical importance of avoiding victim blaming language in all forms of communication. A professional describing and recording a child as being in a relationship with an abuser implies a consensual relationship and blame on the child’s part.
23. The Council has a Violence Against Women and Girls Strategy 2021 – 2026 which sets out the role agencies play in ending violence against women and girls, which includes sexual violence. The strategy refers to victim blaming as a barrier to preventing violence and intends to prevent such violence by challenging harmful attitudes.

What happened

Events up to April 2023

24. In 2021 Ms X approached the Council and said that she and her child, Y, were homeless. Ms X said that Y had been sexually assaulted by a neighbour from being a child and they could not continue living in close proximity to them.
25. In February 2022 the Council decided that Ms X was not homeless. Its letter set out all the matters it considered in making its decision and repeatedly referred to Y’s “sexual relationship” with the neighbour. It told Ms X of her appeal right to the county court if she disagreed with the decision. Ms X used that appeal right.
26. In June 2022 the Court issued a consent order which stated the Council would withdraw its decision of February 2022 that Ms X and Y were not homeless and re-review it.
27. The Council reviewed its decision in September 2022 and decided to overturn its previous decision.
28. The Council told Ms X in February 2023 it had assessed her application and decided that she was homeless and eligible for assistance and it owed her the relief duty.
29. The Council offered Ms X interim accommodation. Ms X refused the offer as it was not in the area she wanted to live. The Council said it considered the accommodation was suitable and it would not offer any other interim accommodation.
30. The Council wrote to Ms X in mid-April 2023 and ended its relief duty to her as 56 days had passed since it had decided that she was homeless and eligible for assistance. It told Ms X of her right to request a review of that decision.

Court action

31. The Council told Ms X in May 2023 that it accepted it owed her the main housing duty as she was unintentionally homeless, eligible for assistance and in priority need. It said it would be in contact to offer suitable temporary accommodation.
32. Ms X asked the Council to consider a reciprocal transfer whereby she swapped accommodation with a tenant of a council property in a different council area. The Council decided not to offer a reciprocal transfer in June 2023.
33. Ms X applied to court for a judicial review of the Council’s decision and policy in relation to reciprocal transfers. As part of the action Ms X asked the Court to consider that the Council’s delay in rehousing her was unlawful and the delay remained unlawful.
34. The Court issued its decision in April 2024.

Events after April 2024

35. During the period of court action the Council offered Ms X temporary accommodation which Ms X declined as she did not believe it met her and Y’s needs. On that basis the Council ended its main housing duty. Ms X asked the Council to review its decision.
36. Ms X’s solicitor provided information for the review request in April 2024. They said the Council had failed to properly consider the suitability of the temporary accommodation. They provided medical reports and information on Ms X and Y’s needs, and said the Council had not made sufficient efforts to find a property to meet their specific needs.
37. At the beginning of June 2024 the Council completed its suitability review of the temporary accommodation it offered Ms X. It said it had considered medical reports and decided the temporary accommodation was not suitable. It withdrew the offer and revoked its decision to discharge its main housing duty to Ms X. It said it would be in contact with Ms X when a suitable property was available.
38. In mid-July 2024 the Council offered Ms X permanent accommodation under its main housing duty. Ms X accepted the offer at the end of August 2024 and moved in shortly after.

Ms X’s complaint to the Council

39. Ms X complained to the Council in May 2024 about delay in the Council’s actions providing safe accommodation, its communication with her, and that its reviewing officer described Y’s sexual abuse as an “inappropriate relationship”.
40. The Council responded to Ms X in June 2024 and accepted there was delay in events in 2021 and in completing the review in 2022, and informing Ms X of the outcome in February 2023. The Council offered a symbolic financial payment of £310 for the delay. It apologised if Ms X felt officers lacked care and empathy.
41. Ms X complained again to the Council in September 2024. She said it had not properly considered her complaint or the impact of the Council’s actions. Ms X reiterated her concern the reviewing officer referred to Y’s sexual abuse as an “inappropriate relationship”.
42. The Council said it would not consider the complaint further as it had already considered the points raised and it could not consider matters that happened more than 12 months ago.

My findings

June 2022 to April 2023

43. The Council agreed in June 2022 to review its decision that Ms X and Y were not homeless. It should have done so within eight weeks (so by August 2022) and provided Ms X with its decision and any appeal rights. The Council did not make its decision until September 2022 and did not inform Ms X of the outcome or offer interim accommodation until February 2023. The delay of six months was fault and caused Ms X frustration. I do not find the delay in offering interim accommodation caused Ms X an injustice as Ms X refused the interim accommodation when it was offered.
44. The Council should have decided if it owed the main housing duty when the relief duty ended at 56 days, which the Council took to be in mid-April 2023. It did not inform Ms X it owed her the main housing duty until the following month. The delay was fault and caused Ms X frustration.
45. The Council has already offered a symbolic financial payment for the frustration caused to Ms X by the delays which is an appropriate remedy and in line with our guidance on remedies.

May 2023 to April 2024

46. Ms X applied to the Court to consider the Council’s decision not to offer a reciprocal move under the main housing duty. Ms X asked the Court to consider the delay in the Council rehousing her and Y as part of that application. As Ms X has sought a remedy from the courts I cannot investigate matters, including any delay, between the Council deciding it owed Ms X the main housing duty in May 2023 and April 2024 when the Court issued its decision, as set out in paragraph 5.

April 2024 onwards

47. Ms X’s solicitor provided information to the Council to consider during a review of the suitability of temporary accommodation the Council offered Ms X. The Council completed the review within eight weeks of receiving the information in April 2024 and overturned its decision. The Council went on to offer a permanent property the following month which Ms X accepted. There was no fault in the Council’s actions.

Complaint handling and language

48. Ms X approached the Council as homeless as her child, Y, had been sexually abused by a neighbour over a period of years and Ms X stated it was not reasonable for them to continue living there. Y was a child at the time of the abuse. The reviewing officer referred to the abuse as a “sexual relationship”. Y was a child and unable to consent. Referring to child sexual abuse as a sexual relationship was fault and not in line with the Council’s own Violence Against Women and Girls strategy.
49. Ms X complained to the Council about the terminology, although she misquoted the reviewing officer as using the term “inappropriate relationship”. The Council did not respond directly to this element of Ms X’s complaint. The Council missed the opportunity to identify the fault and its impact, and to challenge the use of victim blaming language.
50. The faults caused Ms X avoidable distress.

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Agreed Action

51. Within one month of this decision the Council will write to Ms X and apologise for the avoidable frustration and distress caused to her by its delay and use of victim blaming language when referring to child sexual abuse. 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 and ensure it clearly explains the fault in its actions and the injustice that caused.
52. Within three months of this decision the Council will review how its housing review officers and complaints officers are made aware of its Violence Against Women and Girls Strategy. The Council will consider if updated or additional training is required in relation to appropriate language to describe child sexual abuse, and if so it will develop a timebound action plan for delivering such training.
53. The Council will provide us with evidence it has complied with the above actions.

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Decision

54. I found fault causing injustice and the Council agreed to my recommendations to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman