Summary: Mr D complained the Council placed him in unsuitable accommodation after he applied for homelessness assistance. I have not found any evidence of fault by the Council.

The complaint

1. The complainant (whom I refer to as Mr D) says the Council placed him in unsuitable accommodation after he applied for homelessness assistance.

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The Ombudsman’s role and powers

2. 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

3. Mr D and his Representative refer to the Council’s decision about eligibility to join the housing register. I have not included this as part of my investigation because Mr D would first need to formally complain about this to the Council. Once he completes the two stage complaint process, he has the right to bring that new complaint to the Ombudsman.

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How I considered this complaint

4. I considered evidence provided by Mr D/ his Representative and the Council as well as relevant law, policy and guidance.
5. I shared my draft decision with both parties.

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What I found

What happened

6. On 27 September 2024 Mr D submitted a homelessness application to the Council. On 30 September a Homeless Prevention Officer (HP Officer) called Mr D and made an initial assessment, this was followed by a home visit on 9 October which confirmed Mr D had to vacate the property he had been living in. On 11 October a HP Officer carried out a full housing assessment with Mr D. They checked that Mr D had several medical conditions but did not need assistance to live independently. He also had no self-reported physical or mental health needs in relation to housing.
7. On 14 October the Council sent Mr D his personalised housing plan (PHP) which said Mr D would consider shared accommodation. There were no medical issues restricting the type of property he could occupy. The Council asked Mr D to complete an Income and Expenditure form. On 23 October Mr D viewed a room in a shared private rental property that had been found by the Council. He raised no issues with the suitability and signed the tenancy on 14 November. On 19 November the Council notified Mr D that it had ended its prevention duty towards him.
8. On 10 January 2025 the Council received a complaint from Mr D’s Representative. They said Mr D had health issues made worse by his accommodation and had experienced a significant health incident after living in the property. They asked if the Council had assessed the suitability of the accommodation. The Council sent a brief reply on 22 January because it did not have Mr D’s consent. It explained the evidence showed the correct process had been followed. The Representative asked the Council to escalate the complaint, and a final response was issued by the Council on 31 January explaining it did not have any medical evidence to show the accommodation was unsuitable. The Council subsequently obtained an Occupational Therapist assessment and a completed questionnaire from Mr D’s GP. The OT found Mr D had low level care needs and could manage stairs. The Council says that neither assessment shows the accommodation occupied by Mr D is unsafe or unsuitable.

What should have happened

9. When a person applies to the Council for homelessness assistance a HP Officer will speak to the applicant and carry out an assessment which includes questions about the applicant’s health and whether they require assistance. They will check if the applicant has any ‘self-reported vulnerabilities’ in respect of physical and mental health needs. If the applicant says they do have medical needs that restrict the type of accommodation they can occupy the Council will ask for supporting evidence. If the claim is evidenced the Council will ask its Lettings Team to only seek accommodation that meets the assessed housing need. If the applicant reports no restrictions on the type of housing they can occupy, the Council will consider a wide range of accommodation including shared properties. The applicant can amend any health information on receipt of the PHP.
10. The applicant also has the right to request a suitability review if they find the accommodation provided is not suitable. This must be requested within 21 days of the offer being made. After that timeframe, or for incidents that occur after the applicant occupies the property, they can still ask the Council to assess if they have a medical need that restricts the type of accommodation they can occupy. The Council will obtain up-to-date evidence from the applicant’s GP and can consider recent OT assessments. If the Council finds there is no evidence to show the accommodation is unsuitable there is no duty on them to help the applicant seek alternative accommodation.

Was there fault by the Council

11. The evidence shows me the Council followed the correct process when assessing Mr D’s housing needs and finding accommodation for him. Mr D did not tell the Council he had any restrictions on the type of property he could occupy in 2024 and raised no concerns about the tenancy he signed. He also did not request a suitability review. When the Representative told the Council about a change to Mr D's health in 2025 it obtained medical information from Mr D’s GP and considered an OT’s assessment. It found there was no evidence to show the property was unsuitable. I am satisfied the Council adhered to the correct process. I appreciate the Representative and Mr D may disagree with the Council’s decision that his accommodation is suitable. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
12. Although the Council has no duty to take any further action in this matter it has told me that it will look to assist Mr D in finding alternative private rental accommodation. An Officer from the Lettings Team will be contacting Mr D to discuss matters with him. That is a helpful offer by the Council.

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Decision

13. I find no fault and have completed the investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman