Summary: Ms X complains the Council was at fault in the way it dealt with her housing and homelessness applications. We have found fault by the Council as it failed to review the prevention duty owed to Ms X. But this has not caused a significant injustice to Ms X. So, we have completed our investigation.

The complaint

1. Ms X complains about the way the Council has dealt with her housing and homelessness applications since 2022. Ms X says it has caused her distress, uncertainty and delays in providing her with temporary accommodation.

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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. 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)
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)

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What I have and have not investigated

5. I have investigated Ms X’s complaints from January 2024 being 12 months before Ms X complained to us. I have not investigated Ms X’s complaints about matters in 2022 and 2023 as these are late complaints. It was open to Ms X to have complained to us before now and I do not consider there are good reasons for us to investigate these matters now.
6. I have referred to events from 2022 as background information.

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How I considered this complaint

7. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
8. 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

Housing Allocations

9. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))

The Council’s housing register and nominations policy August 2012

10. The Council’s Housing Allocations policy has eight bands with Band A being the highest priority and Band H the lowest. The Council assesses applicants in bands B, C, E, F and G and allocates points to each applicant in for certain types of housing need. The more points an applicant has the more priority for housing they have. The policy has a prevention banding, Band B. This gives additional priority to applicants who are threatened with homelessness and in priority need.
11. It is also given if the applicant and Council officers agree that participating in choice-based lettings would lead to a solution of the applicant’s housing needs and where other routes to appropriate accommodation have been discussed. Band B status is given following an investigation of the applicant’s circumstances and is part of the Council’s reasonable steps under a Personalised Housing Plan (PHP). This would also follow a discussion around other options including private sector accommodation and temporary accommodation

Relevant legislation and guidance

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.

The prevention duty

13. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)
14. A Council will often secure interim accommodation for an applicant while it considers their application.

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. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39). The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)

What happened in this case

17. What follows is a brief chronology of key events. It does not include all the information I have reviewed during my investigation.
18. Ms X applied to join the Council’s housing register in 2019 and placed in band G (general register) as she was not under threat of homelessness. Ms X contacted the Council about a homelessness application in June 2022 as she and her child were living with a family member who wanted them to leave the property. A housing officer made enquiries about Ms X’s housing situation and accepted a prevention duty towards Ms X in October 2022. The officer spoke to the family member who agreed Ms X could stay while the Council considered if she met Band B to prevent homelessness.
19. Ms X spoke to a housing officer in March 2023. The officer discussed Ms X’s housing difficulties and advised of options open to her. The officer noted Ms X wanted to resolve her housing situation using the housing register, allocated her increased priority and Band B (priority groups). Ms X was told she could bid for two bedroomed properties. Council case notes record contact from Ms X in January 2024 about having to leave the property in a few weeks. Ms X said she would bring a letter in from family member about this, but it was not provided.
20. Ms X spoke to a housing officer in January 2024 about her housing situation. The officer advised she was best placed in Band B, to keep bidding and look for properties. The Council could offer her temporary accommodation, but her priority would then reduce to Band E, and she could be housed anywhere including outside the borough. Ms X was also given this advice in February 2024.
21. Ms X complained to the Council in October 2024 about delays with her homelessness application from 2022 and being allocated Band B. Ms X complained she had been offered unsuitable temporary accommodation covered with mould and too far from her child’s school.
22. The Council responded to Ms X’s complaint at Stage 1 in December 2024. It accepted delays in dealing with her application and apologised. As it had accepted the prevention duty towards Ms X in October 2022 it should have issued her with a PHP. But it negotiated with the family member for her to stay while it considered whether to allocate her Band B which it did in March 2023 with a need for two bedroomed accommodation.
23. The Council said it had no record of offering Ms X temporary accommodation. But officers had discussed potential offers of accommodation with her. And it was possible it may offer accommodation outside the borough if it nothing nearer.
24. The Council noted Ms X remained living with family and could continue to bid in Band B. If no longer the case it still had a duty to provide her with temporary accommodation. If so, this would change Ms X’s banding to Band E. The Council backdated Ms X’s Band B points to July 2022 when she approached the Council and increased her points score. But it considered it unlikely Ms X would have been successful in bidding for accommodation even if in Band B in 2022. This was because even with increased points Ms X would not have been highest bidder for property.
25. The Council also drew up a prevention PHP for Ms X in December 2024 as a further outcome of the complaint. It considered Ms X eligible for help and threatened with homelessness as she had now provided notice of this. The Council said it had a duty to take reasonable steps to help her keep her current accommodation. The steps included Ms X continuing with her housing register application, looking at properties and providing information. The Council’s actions were to continue to provide advice and contact the family member.
26. Ms X complained to the Council in January 2025 about unsuitable temporary accommodation. Ms X said she was finding it difficult living with the family member causing stress and impacting her mental health. Ms X said the matter was now urgent and she needed somewhere to live. The Council responded at Stage 2 and reviewed the stage 1 response. It noted the upheld complaints and outcome of backdating the Band B points. The Council acknowledged Ms X did not consider temporary accommodation suitable for her current situation. But explained the options available to her again if there was a breakdown with her current housing. The Council apologised to Ms X again for shortcomings in service she received but it had now taken action.
27. Ms X contacted the Council in February 2025 as she was unsuccessful in bidding for properties and unable to stay with the family member so needed temporary accommodation. The Council arranged a two bedroomed flat as temporary accommodation for her. It drew up a relief duty PHP for her the same day as it accepted a duty to relieve her homelessness. The Council ended its prevention duty through the offer of temporary accommodation and moved Ms X to Band E.
28. Following our contact about Ms X’s complaint the Council found it had not sent Ms X letters about the relief duty in February 2025. It has now corrected this by issuing Ms X with relief duty letters. It explained that as it placed Ms X in temporary accommodation in February 2025 the relief duty had expired, and it accepted the main housing duty towards her.

My assessment

29. The Council has accepted delays in dealing with Ms X’s housing register application before 2024. It has apologised and backdated Ms X’s Band B points to 2022. With Ms X’s homelessness application, the Council accepted a prevention duty in October 2022. It says it negotiated and had agreement from the family member for Ms X to remain at the property and move to Band B to relieve her homelessness.
30. However, the Council did not draw up a PHP for Ms X at the prevention stage which it should have done. The PHP sets out the steps the Council and Ms X would take to prevent her from becoming homeless. It would have enabled Ms X to request a review of the PHP if she did not agree with steps outlined in document. Ms X did not have the PHP and right of review during 2023
31. If Ms X had concerns about the decisions made in October 2022 and during 2023, it was open to her to have complained to us sooner. Therefore, as paragraph five explains Ms X’s concerns about the Council’s actions in 2022 and 2023 are out of time for us to consider now.
32. The documents show Ms X was in contact with the Council during January and February 2024. As the Council had accepted a prevention duty towards Ms X it was required to regularly review a prevention PHP and its prevention duty. The Council has accepted it did not draw up a PHP. In addition, there is no evidence the Council reviewed the prevention duty owed to Ms X between January 2024 until December 2024 when it responded to Ms X’s complaint. The Council apologised to Ms X and drew up the PHP then. The Council’s failure to draw up a PHP and review Ms X’s case before December 2024 is fault. Where we find fault, we need to establish if it caused a significant injustice to the complainant.
33. In this case Ms X considers the Council denied her temporary accommodation or offered unsuitable accommodation during 2024. There is no evidence the Council formally offered Ms X temporary accommodation during this time. It says it did not refuse to offer Ms X temporary accommodation. And housing officers discussed the situation with her, advised of options to either remain on Band B or move to temporary accommodation and lose her priority banding. The Council has provided evidence of the telephone calls with Ms X.
34. The Council considers officers correctly encouraged Ms X to bid due to placing her in Band B so she could do so with a higher priority. It notes Ms X was querying the bidding system and when she would be housed. So, considers it was clear that, at that time at least, Ms X agreed with staying with her family and bidding for properties.
35. The Council says notwithstanding delays in 2022 and 2023 it was working together with Ms X to provide a long-term solution without the need for temporary accommodation. It considers the decision to accept Ms X onto Band B was a reasonable one and in line with s12.4 of the Homelessness Code of Guidance to try and help applicants stay in their current home. And this was according to Ms X’s wishes at that time. The overall aim was to prevent her homelessness, and this was in line with having accepted the prevention duty.
36. Because of this I consider the steps outlined in PHP drawn up in December 2024 were likely to be the same as it would have been in 2022. So, although I have found fault by the Council in failing to draw up a prevention PHP and review Ms X’s homelessness situation in 2024, I cannot say has caused a significant injustice to Ms X. This is because her contact with the Council shows she has been able to stay with a family member, was in agreement to do so and able bid for properties under Band B during 2024. Once Ms X provided clear evidence, she was unable to stay with the family member in February 2025 the Council acted to provide temporary accommodation.
37. The Council has offered Ms X a payment of £300 to recognise its earlier delays and reflect the time and trouble she has experienced which is suitable action for it to take. Ms X will need to advise the Council if she wishes to accept the offer.

Decision

38. I find fault not causing injustice.

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Investigator's decision on behalf of the Ombudsman