Summary: Miss X complained the Council failed to offer her interim accommodation when it accepted the relief duty to her. She also complained it did not offer her interim accommodation while it considered a suitability review of a final offer of accommodation it made to her. We found fault by the Council on the matters we investigated. The Council agreed to apologise to Miss X and make her a symbolic payment in recognition of the injustice caused to her and her family.

The complaint

1. Miss X complained about the Council’s handling of her homelessness application. She complained the Council:
1. did not offer her interim accommodation when it accepted the relief duty;
2. made her a final offer of unsuitable accommodation; and
3. did not offer her interim accommodation while it considered her request for a suitability review of its final offer of accommodation.
2. Miss X states she was left with no accommodation for her and her children and they had to stay with family and friends. This negatively impacted their mental health and caused them distress.

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The Ombudsman’s role and powers

3. 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)
4. 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)
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(1), as amended)

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What I have and have not investigated

6. I have investigated parts A and parts C of Miss X’s complaint.
7. I have not investigated part B of Miss X’s complaint. Miss X had a statutory right of appeal to the county court about the final offer of accommodation. It was reasonable for Miss X to use her right of appeal and so we will not investigate this part of her complaint.

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How I considered this complaint

8. I considered evidence provided by Miss X and the Council and the relevant law, policy and guidance.
9. Miss 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

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.
11. 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)

Duty to arrange interim accommodation (section 188)

12. 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)
13. Examples of applicants in priority need are:

• people with dependent children;

The relief duty

14. 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

15. 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

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

• 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.

17. 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)
18. Councils must complete reviews about the suitability of accommodation within eight weeks of the date of the review request:

Accommodation pending review

19. Applicants may ask a council to provide accommodation pending the outcome of a review. Councils have a power, but not a duty, to accommodate certain applicants and members of their household. (Housing Act 1996, sections 188(3), 199A(6), 200(5))
20. However when the review concerns the suitability of a final accommodation offer or final part 6 offer made under the relief duty, the interim duty to accommodate continues until the review is concluded and the applicant has been notified of the outcome. (s.188(2A) Housing Act 1996 as added by s.5(4)(a) Homelessness Reduction Act 2017.)

What happened

21. Miss X and her three children lived in privately rented accommodation.
22. On 5 June 2024 Miss X approached the Council as homeless. She told the Council her landlord had served her with a Possession Order.
23. On 14 June the Council wrote to Miss X saying it owed her the relief duty. The letter said it had reason to be believe Miss X was in priority need because she has dependent children. It said it had secured her interim accommodation, details of which would follow soon. However Miss X remained in her privately rented accommodation.
24. On 25 July and 31 July the Council made Miss X a final offer of accommodation. Miss X said the accommodation was unsuitable and she refused the offer.
25. In early August the Council wrote to Miss X explaining that it was ending the relief duty to her because she had turned down a suitable final accommodation offer. It told Miss X how to request a review of its decision.
26. On 24 August Miss X requested a review of the Council’s decision.
27. On 27 August Miss X and her children were evicted from their privately rented home. Miss X and her children stayed with family and friends.
28. Throughout the period September to November, Miss X chased the Council for an acknowledgement of her review request.
29. On 4 November the Council acknowledged her review request and asked for an extension to consider the review. Miss X agreed.
30. On 26 November the Council wrote to Miss X explaining it had not identified any exceptional circumstances in her case and so it was minded to uphold its decision the offer was suitable.
31. On 27 November Miss X and her children visited the Council’s offices to ask for accommodation as they had nowhere to stay. Miss X did not have an appointment and so there were no officers available to help her.
32. On 27 November and 28 November the Council sent Miss X emails about her request for accommodation. It said it would not offer her temporary accommodation because she had refused a suitable property. It said Miss X previously said she was living with family and friends, and she had not requested accommodation while it considered her review.
33. In December Miss X appointed a solicitor. Her solicitor wrote to the Council on 16 December asking why it had not provided Miss X with interim accommodation while her review was considered. It asked for a reply by the end of the following day.
34. On 17 December the Council issued the result of its review. It upheld the decision the offer was suitable. The Council told Miss X she could appeal its decision to the county court on a point of law.
35. Unhappy with the Council’s handling of her case Miss X complained to the Ombudsman.
36. In response to our enquires the Council said:
• Miss X did not ask for accommodation while it considered her review until 27 November 2024. It does not have to provide accommodation during a review. It can wait for the applicant to request accommodation before deciding if it should do so.
• It issued it’s review decision the day after her solicitor asked for accommodation and so the request was no longer relevant.

Finding

37. The Council accepted the relief duty to Miss X on 5 June 2024. At this point the Council had reason to believe Miss X may be eligible, homeless and in priority need because she had dependent children and so it should have offered interim accommodation. The duty to provide interim accommodation is immediate and the Council cannot postpone doing so. The Council did not offer interim accommodation on 5 June. This is fault.
38. The Council wrote to Miss X on 14 June saying it would offer her interim accommodation but said the details would follow shortly. This is further fault by the Council.
39. Because of the identified fault Miss X had to stay in accommodation that was unreasonable for her to continue living in due to the possession proceedings taken by her landlord. This is injustice.
40. The Council made Miss X a final offer of accommodation before it found her interim accommodation. Miss X asked for review of the suitability of the offer. The Council made Miss X the offer while it owed her the relief duty and so there was a duty to provide her with interim accommodation while it decided the review. Miss X would have been staying in interim accommodation when the Council made the final offer of accommodation, save for the fault identified in paragraphs 37 and 38.
41. The Council did not provide Miss X with interim accommodation while it decided the review. This is fault.
42. Because of the above fault Miss X was evicted from her home, an event which was understandably distressing. She also had to stay with family and friends in overcrowded and unsuitable accommodation. This is injustice.
43. Miss X made her review request on 24 August 2024. The Council decided the review on 17 December 2024. We would expect the Council to complete a review of the suitability of an offer of final accommodation within 8 weeks. The Council took 16 weeks, which represents a significant delay.
44. The delay caused Miss X and her family frustration and uncertainty. This is injustice.
45. I also note the Council took over two months to acknowledge Miss X’s review request. This is also fault which put Miss X to the avoidable time and trouble of chasing the Council for a reply. This is injustice.

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Agreed Action

46. Within one month of my final decision the Council should:
• Apologise to Miss X for the identified fault and injustice caused to her and her family. 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.
• Pay Miss X £1200 in recognition of the distress, uncertainty and frustration caused to her and her family because of the identified fault.
47. Within three months of my final decision the Council should:
• Share a copy of this decision with staff responsible for dealing with offers of interim accommodation to identify learning and prevent a recurrence of the identified fault.
48. The Council should provide us with evidence it has complied with the above actions.

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Decision

49. I have completed my investigation and found fault by the Council, causing injustice. The Council has agreed to take the above action as a suitable way to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman