Summary: Miss B complained the Council mishandled her homelessness application. I have found fault by the Council because it failed to take any action on the case for nine months, did not update the Personalised Housing Plan and failed to inform Miss B about her right to review. The Council has agreed to pay redress and make service improvements.

The complaint

1. The complainant (whom I refer to as Miss B) says the Council mishandled her homelessness application and failed to keep her updated.

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The Ombudsman’s role and powers

2. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 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(i), as amended)

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What I have and have not investigated

5. I have exercised discretion to look back to August 2023 when the Council accepted its main housing duty towards Miss B. My investigation looks at events up to November 2024 when the Council issued its final stage complaint response.
6. I have advised Miss B that any recent issues with the Council would need to form a new complaint. Once she has completed the Council’s complaints process, she can bring those matters to the Ombudsman.

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How I considered this complaint

7. I considered evidence provided by Miss B and the Council as well as relevant law, policy and guidance.
8. I shared my draft decision with both parties.

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What I found

What happened

Background

9. On 30 December 2022 Miss B applied to the Council as homeless. On 29 March 2023 the Council accepted a prevention duty towards Miss B. On the same day Miss B signed a rehousing form stating there were no medical factors affecting the type of property she could be offered. At the end of March the Council sent Miss B her Personalised Housing Plan (PHP). The Homelessness Officer advised Miss B the case was being referred to the Council’s Private Housing Services to liaise with her landlord about the condition of the property and see if she could remain at the accommodation. If that was unsuccessful the Council would help secure another private rental property. During March to September the Council’s Private Housing Services liaised with Miss B’s landlord about issues at the property. On 7 June the Council accepted a relief duty towards Miss B.

Events I have investigated

10. On 7 August the Council accepted a main housing duty towards Miss B, its decision letter did not include information about her statutory right to a review. She was allocated a Housing Resolutions Officer (HR Officer). On 5 September the HR Officer noted Miss B had working priority (for housing register purposes). There is no evidence this was shared with Miss B. The Council has no record of the HR Officer making contact with Miss B from September onwards.
11. On 8 May 2024 Miss B contacted the Council staying she had not had any updates on her case since August. An Officer noted the HR Officer was on long term leave and requested a new HR Officer be allocated. On 9 May Miss B complained to the Council that she was living in disrepair, facing eviction and had not received assistance. The Council replied on 22 May. It accepted there had been a lack of contact and apologised. It said a new HR Officer had been allocated. Also in May Miss B provided a hospital discharge letter to the Council showing she had been ill with pneumonia. At the end of May the Council set up an online housing account (Locata) for Miss B so she could access and bid for social housing properties.
12. On 27 June the HR Officer made a home visit to Miss B who said she had previously been in hospital due to the disrepair at the property and would supply medical evidence. On 3 July the HR Officer made a referral to Private Housing Services about the condition of Miss B’s home. On 31 July Miss B chased up the Council about her case. The HR Officer apologised for the delay contacting Miss B. They stated a referral to the District Medical Officer had been made about Miss B’s pneumonia. They advised emergency accommodation could be outside of Brent.
13. On 1 August the HR Officer made a referral to the District Medical Officer asking if Miss B’s accommodation had contributed to her recent illness and also asking about medical priority, banding priority and any other observations. The District Medical Officer replied the same day asking for a full copy of the medical discharge letter as Miss B had only supplied part of it previously. They also asked for the Private Housing Services report to assess if Miss B’s current accommodation was suitable for her.
14. On 9 August Miss B told the Council she did not want to live away from Brent. It would be too far to commute to work and to get to her children’s daycare. On 12 August the HR Officer contacted the Emergency Accommodation Team seeking suitable accommodation closer to Brent. Only out of borough housing was available. On 28 August Miss B asked for an update. On 4 September the HR Officer called Miss B, they would contact the Emergency Accommodation Team and check what was available. Miss B confirmed she had been served a Possession Order and had to leave her home within five days. The Emergency Accommodation Team told the HR Officer only interim accommodation outside of Brent was available.
15. On 10 September the Council placed Miss B into interim accommodation out of the borough. On 12 September Miss B told the Council the accommodation was too small and there was no room for her youngest child’s cot. She had also received no advice on what to do with her possessions which did not fit into the property. The HR Officer replied they would continue to contact the Emergency Accommodation Team to see if any properties closer to Brent became available.
16. On 17 September the Council received a Member’s enquiry which it logged as a formal complaint. On 24 September the HR Officer asked Miss B for additional pages from the medical discharge letter she had previously supplied in May. On 7 October the Council responded to the complaint. It said that due to housing shortages it had to place some homelessness applicants out of borough. The emergency accommodation should have sufficient space for a cot therefore the Council would look to move Miss B to a bigger property as soon as possible. On the same day Miss B asked the Council to escalate the complaint. It had not addressed medical concerns, and her accommodation was too far away from Brent. She could not find a private rental property to meet her needs that was affordable. The Council also noted Miss B had called asking for contact, a Customer Service Officer asked the HR Officer to contact Miss B urgently. On 10 October the Council offered Miss B alternative temporary accommodation outside of Brent.
17. On 14 November the Council issued its final stage complaint response. It apologised for the lack of communication by the HR Officer. It accepted that from September 2023 through to May 2024 Miss B had not been contacted. It also acknowledged a delay accepting a relief duty towards Miss B and further delays issuing a main housing duty decision. The Council said it would check the delays in reaching a main duty decision had not resulted in Miss B missing out on an offer of suitable private rental accommodation and it would write to her after making checks. The Council would ask the Housing Service to ensure Officers informed applicants about the storage policy. It said the offers of temporary accommodation outside Brent were not unsuitable because of the distance. However the Council should have taken action when Miss B reported she could not fit a cot into her accommodation. In respect of medical issues the Council said Miss B had not previously raised medical issues affecting the type of accommodation she could occupy. The HR Officer had failed to get additional evidence from Miss B despite a request by the District Medical Officer who had been assessing if Miss B’s previous home was suitable to occupy. The Council would remind Officers about good practice. The Council said it would update Miss B’s PHP to show how often the HR Officer would contact her. It also offered £600 redress including the £200 fee she would have incurred for storage costs.

Events after my investigation

18. In December the Council told Miss B it had checked if she had missed out on securing a suitable two bedroom property because of the delay accepting a main housing duty. During the period of delay 180 families had been seeking a two bedroom property, only nine homes were available, and they went to applicants with a higher priority (such as living in a B&B or children with medical need).

What should have happened

The prevention duty

19. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)

The relief duty

20. 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

21. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation (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)

Assessments and Personal Housing Plans

22. 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 PHP. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

Interim and temporary accommodation

23. 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) If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
24. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

Review rights

25. Homeless applicants may request a review within 21 days of being notified of the various decisions including 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.

Protection of belongings

26. Where the council owes or has owed certain housing duties to an applicant, it must protect the applicant’s personal property if there is a risk it may be lost or damaged. A council may make a reasonable charge for storage and reserve the right to dispose of the property if it loses contact with the applicant. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)

Was there fault by the Council

27. The Council has already accepted a number of failings in its final stage complaint response to Miss B. It accepted there had been a failure to contact Miss B for nine months from 2023 to May 2024. It had also delayed reaching the main housing duty decision and failed to include in the PHP about regular contact with Miss B. I have found additional fault as a result of this investigation.
28. When the Council sent Miss B its main housing duty decision letter in August 2023 it failed to tell Miss B of her right to request a suitability review in respect of offers of temporary accommodation since August 2023. The Council says it has made ‘informal offers’ of temporary accommodation. That is not the correct process, and informal offers should not be made. Each offer should be formalised and include details of an applicant’s right to seek a suitability review whether they reject or accept the offer.
29. The Council has failed to keep Miss B’s PHP updated. The evidence shows no changes were made to the PHP until the end of 2024. This is a concern because the Council has a duty to keep the PHP updated. At a minimum it should be reviewed when an applicant moves to the relief duty stage and when the Council accepts a main housing duty. The PHP is meant to help an applicant understand the process. The Council has failed to meet those basic requirements in Miss B’s case. Unfortunately this is indicative of the lack of assistance she received from the Council including the absence of any support or contact from Officers for the nine month period I refer to above.
30. The Council delayed setting up a Locata account for Miss B. This could and should have been set up in August 2023 but was not done until May 2024.
31. The District Medical Officer was asked to not only assess the impact of Miss B’s long term rental home on her health but also to assess medical priority and banding priority. That assessment was never completed because the Council failed to forward on the information needed. Whilst the assessment of whether Miss B’s former home was impacting on her health is redundant, the assessment for medical priority and banding remain outstanding.

Did the fault cause an injustice

32. The failings by the Council meant Miss B was caused avoidable distress and time and trouble. She did not receive a reasonable level of support at a difficult time. In addition, she was not informed about her right to review the suitability of temporary accommodation offers and there was a nine month delay setting up her Locata account.

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Action

33. The Council has already offered Miss B £600 redress for the fault it identified in its final stage complaint response. Given the extent of the fault in this case I considered a further payment of £400 for avoidable distress was reasonable. The Council has agreed to this redress and will check with Miss B to see if she wants to have any medical need assessed in relation to housing priority and the suitability of future accommodation assessed. If the Council has not already advised Miss B about the right to a review it should now do so. It should inform Miss B how it will consider any concerns she has about the suitability of her temporary accommodation.
34. The Council will also look at service improvements. It needs to ensure homelessness applicants are informed of their review rights including when offers of temporary accommodation are made. Furthermore, Officers should be reminded about the importance of updating PHPs at key stages in the process. The Council may want to issue reminders to Officers or carry out training.
35. The Council should provide us with evidence it has complied with the above actions within four weeks of this case closing.

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Decision

36. I find fault causing injustice. I have completed the investigation because the Council agrees to take action.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman