Summary: The Council was at fault for a four-month delay in carrying out an assessment after Mr X approached the Council as homeless. It also failed to provide interim accommodation whilst it carried out homeless inquiries and issue a main housing duty decision. The Council has agreed to apologise, pay Mr X £1050 and review its procedures to remedy the injustice caused.

The complaint

1. Mr X complained about the Council’s handling of his housing matters. Mr X said the Council:
• delayed carrying out an assessment after he approached the Council as homeless;
• failed to provide interim accommodation whilst it carried out homeless inquiries; and
• failed to issue a main housing duty decision.
2. Mr X says this caused him distress, frustration and uncertainty as his housing needs went unmet for longer than necessary.

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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. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
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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How I considered this complaint

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

Relevant law and guidance

Homelessness

8. 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.

Assessments and Personal Housing Plans

9. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. 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)

The prevention duty

10. 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)

The relief duty

11. 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

12. 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)

Decision letters

13. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.30)

Duty to arrange interim accommodation (section 188)

14. 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).
15. It is an absolute duty and the authority cannot postpone it due to a lack of available resources. It arises immediately and councils should have processes in place to find accommodation for households on the day they need it.

Priority need

16. A person has a priority need for accommodation if they are vulnerable as a result of mental illness or learning disability or physical disability.

What happened

17. Mr X was temporarily living with a friend so submitted a homeless application to the Council in May 2024. In September 2024, the Council carried out a housing assessment.
18. The assessment and relevant homeless inquiries the Council made show the following:
• Mr X’s was living with his partner but they split up in September 2023;
• Since then he has been sofa surfing;
• He had been on sick leave since June 2024; and
• He attempted suicide in August 2024.
19. The Council received medical advice saying it should provide Mr X temporary accommodation to allow his mental health to stabilise and any ongoing suicide risks to resolve.
20. At the end of September 2024, the Council accepted the relief duty. Between then and January 2025, the Council took steps to help Mr X resolve his homelessness. This included arranging viewing for studios and house shares in Croydon. It had also agreed to pay the deposit and first month rent if he got the property.
21. Mr X was unsuccessful in securing a property and he made a complaint to the Council in December 2024 about the quality of service received. Mr X said the Council had failed to provide suitable housing assistance despite him being vulnerable.
22. The Council issued a final complaint response saying it had not seen evidence of errors or undue delay in the Council’s handling of his application or in its effort to assist him.
23. In January 2025, the Council decided to end the relief duty the following reasons:
• 56 days had elapsed since it decided to accept the relief duty which the Council is entitled to end even if Mr X may still be homeless; and
• It was satisfied it had complied with the reasonable steps it had stated that it should take within the assessment and personalised housing plan.
24. The Council told Mr X he could request a review of this decision. In February 2025, Mr X entered into a six month fixed-term lodgers agreement which was then extended further. This bought Mr X’s homelessness to an end.

The Council’s response to our enquiries

25. The Council said between September 2024-February 2025 Mr X was sofa surfing at a friend’s property. It said there is no provision in homelessness legislation and guidance for it to offer Mr X accommodation for three months as recommended by the medical advisor.
26. The Council also said Mr X was not in priority need and therefore, it was not required to offer emergency or interim accommodation. The Council has provided no records to show how it considered priority need or providing interim accommodation at the time.

My findings

Housing assessment

27. Councils must complete an assessment if satisfied the applicant is eligible and either homeless or threatened with homelessness. There is no timescale in the law and guidance for when the Council must do the assessment but we expect it to carry this out within a reasonable timescale, depending on the applicant’s circumstances.
28. As Mr X was already homeless, we would expect the Council to carry this out urgently. Mr X submitted an application in May but the Council did not carry out the assessment until September. This was a delay of four months and fault. The Council allowed the matter to drift meaning Mr X’s housing needs went unmet for longer than necessary.

Interim accommodation

29. 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. The threshold for securing interim accommodation is low and an absolute duty.
30. In September 2024, the Council accepted the relief duty as Mr X was homeless and eligible for assistance. However, there is no evidence that the Council considered providing interim accommodation despite receiving medical evidence showing Mr X was vulnerable as a result of mental illness. On a balance of probabilities, had the Council acted without fault, it would have considered the medical evidence, decided it had reason to believe Mr X may have a priority need and provided interim accommodation from September 2024.
31. It failed to do this leaving Mr X in unsuitable accommodation for five months, between September 2024-February 2025.

Main housing duty

32. In January 2025, the Council sent Mr X a letter ending the relief duty. As Mr X’s homelessness had not been resolved during the relief period, the Council should have decided whether it owed him the main housing duty and sent a letter notify him of this and his review rights. It did not do this which was fault. This caused Mr X uncertainty about the housing duty the Council owed him.

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Action

33. Within one month of the final decision, the Council has agreed to:
1. Apologise to Mr X for the injustice caused by the faults identified in this decision. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended in my findings.
2. Pay Mr X £750 which equates to £150 per month between September 2024 and February 2025. This is for each month Mr X spent in unsuitable accommodation.
3. Pay Mr X £300 for the distress, frustration and uncertainty caused by the Council’s delay in carrying out an assessment and failure to issue a main duty decision.
34. Within three months of the final decision, the Council has agreed to:
1. Create an action plan to address how it will reduce its delays in carrying out housing assessments.
2. Review its procedures to ensure it is communicating effectively with homeless applicants and sending key decision letters when it accepts or rejects a housing duty.
3. Review its procedures to ensure it is considering whether an applicant requires interim accommodation when it is making homeless inquiries and making a record of this decision.
35. The Council should provide us with evidence it has complied with the above actions.

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Decision

36. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman