Summary: We have completed our investigation into how the Council dealt with Miss X’s homeless application. We find some fault because the Council delayed processing Miss X’s application and dealing with her complaint. But we are satisfied the Council has remedied the injustice caused by those faults.

The complaint

1. Miss X complained about the way the Council handled her homelessness. Specifically, Miss X complained the Council:
1. delayed assigning her a case officer;
2. wrongly assessed her as having no local connection;
3. failed to offer interim accommodation;
4. failed to help her secure a private rented property; and,
5. delayed handling her complaint.
2. Miss X said this meant she remained sleeping rough and in her car, it impacted her mental health, and she missed out on a private rented property. She said it caused unnecessary and avoidable distress, and she felt hopeless.

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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. 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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How I considered this complaint

5. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. I considered the relevant legislation, statutory guidance, and policies, set out below. I also considered the Ombudsman’s published guidance on remedies.
6. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.

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What I found

What should have happened

Homelessness assessments

7. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. 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)

Interim accommodation

8. 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)
9. Examples of applicants in priority need are:

• people with dependent children;
• pregnant people;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and,
• victims of domestic abuse.

The Council’s private sector procurement scheme

10. The Council has a scheme to obtain the use of privately owned properties for a fixed term. The scheme allows people to move into privately rented properties without having to pay a deposit.
11. A person can be referred to this scheme by an in-house advisor. If the person is accepted onto the scheme, and they have found a suitable property, a Council officer talks to the landlord about the scheme and negotiates a deposit. The person does not have to pay a deposit or any money in advance to a landlord or agent.
12. Through the scheme, the Council can offer a range of incentives to landlords, including a deposit and/or rent in advance. The Council makes these incentive payments within 28 working days.

The Council’s complaints procedure

13. The Council’s complaints procedure says it will send a stage one complaint response within 15 working days of receiving a complaint. It says it will send a stage two complaint response within 25 working days.

What happened

14. In the summer of 2024, Miss X submitted a homeless application to the Council. The Council told her that because her last settled address was outside the borough, Miss X should contact the other council for housing advice.
15. The other council said because Miss X had approached Greenwich Council first, Greenwich Council should process her application.
16. The Council (Greenwich Council) then processed Miss X’s application.
17. In September, Miss X paid a private landlord a deposit for a property. Miss X told the Council in October she had found a property. The Council contacted the agent to start the process. The Council told the agent its policy was that payments would normally take 28 working days.
18. The following week, the Council completed Miss X’s assessment and accepted a relief duty. It also issued Miss X with a personalised housing plan (PHP).
19. The PHP said the Council had referred Miss X to its housing incentives scheme. The PHP said once Miss X found a property the scheme team would be able to advise her on steps to secure the accommodation. The PHP said Miss X should not sign a tenancy before the team had completed all checks. The PHP said the Council would not pay a deposit until it was satisfied the property meets the scheme’s requirements.
20. Miss X complained to the Council.
21. Two weeks later, Miss X made further payments to the landlord and the agent.
22. In its complaint response, the Council apologised for its error in initially signposting Miss X to the other council. It said it had reminded staff about applicants’ local connections. The Council apologised for the delay processing Miss X’s application. It apologised for the stress, upset, frustration and anxiety this caused.
23. The Council said while other councils may be able to make payments within seven to ten working days, its incentive payments are paid within 28 working days. The Council said Miss X’s PHP said not to pay any deposits before speaking to its scheme team.
24. The Council said it had not been able secure the tenancy on the property in question because the landlord was not willing to wait up to 28 working days for the incentive payment. The Council said it understood it was disappointing for Miss X to lose her deposit. It recognised its payment scheme took longer than some other councils, and said it may need to adjust the scheme to be more effective. The Council offered to pay Miss X the deposit she lost.

Analysis

Assigning a case officer

25. Miss X complained the Council delayed assigning her a case officer (part a of the complaint).
26. The Council has accepted it delayed processing Miss X’s application. This delay is fault. The Council apologised for the stress, upset, frustration and anxiety (the injustice) caused by the delay.
27. I am satisfied the Council provided a suitable remedy (the apology) for the level of injustice caused.

Local connection

28. Miss X complained the Council wrongly assessed her as having no local connection (part b of the complaint).
29. The Council recognised it should not have signposted Miss X to the other council. This was fault. The Council apologised for this. I am satisfied the Council provided a suitable remedy for the injustice caused here.
30. Further, the Council has reminded staff about the importance of considering local connection. I am satisfied the Council has taken appropriate action to make sure this does not happen again.

Interim accommodation

31. Miss X complained the Council failed to offer interim accommodation (part c of the complaint).
32. The Council said Miss X has no dependents and is not vulnerable, and she provided no information to suggest she was in priority need. For this reason, the Council said Miss X was not eligible for interim accommodation.
33. I agree. For this reason, I do not find the Council at fault.

Private rented property

34. Miss X complained the Council failed to help her secure a private rented property (part d of the complaint). She said she spoke to someone in the Council after she found private rental accommodation. She said they told her the Council could not help until she “actually had” the property. Miss X said because of this, she paid the security deposit to secure the property without speaking to the Council about it first. She said the Council later backtracked and said it could not pay the deposit within 28 working days. Miss X said because the Council could not make a payment within 28 working days, she lost the property and lost her deposit.
35. Miss X paid the deposit before the Council had finished assessing her homeless application. When the Council accepted it had a duty to Miss X and gave her a personalised housing plan, the plan said she should not sign a tenancy until the Council had completed its checks. The plan said the Council would not make any payments until it was satisfied the property met its requirements.
36. After this, Miss X paid two further payments: one to the landlord and one to the agent.
37. Miss X paid the deposit before the Council had accepted a duty to her. The Council was not obliged to tell Miss X about its incentives scheme before then.
38. Once Miss X told the Council she had found the property, the Council was clear with her and the agent about the expected timeframe for its incentive payments. I am not persuaded the Council told Miss X, before it completed its assessment, that it would provide financial help if she paid the deposit upfront. Miss X acted before speaking with the Council. This may have been a misunderstanding: it is not evidence of fault.
39. The timeframes within the Council’s scheme were not unreasonable for a rent deposit scheme. I will therefore not criticise the Council’s policy. However, the Council said it is actively looking to reduce those timeframes. This is positive.
40. I find the Council did what it should have done. I am not persuaded the Council acted with fault. For this reason, I do not find fault.

Complaint handling

41. Miss X complained the Council delayed handling her complaint (part e of the complaint).
42. The Council’s stage one complaint response was one month late. This is fault. In the stage one complaint response, the Council apologised for the injustice caused by the delay. I am satisfied the Council’s apology remedied the injustice.
43. The Council’s stage two complaint response was two weeks late. I do not consider this delay is significant enough to constitute fault.

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Decision

44. I find fault causing injustice. I am satisfied the Council has taken actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman