Summary: Mr X complained about the Council’s handling of his homelessness application. We found the Council at fault. It should apologise and make payment in recognition of the injustice caused.

The complaint

1. Mr X complains about the Council’s handling of his homelessness application. He says that he was left homeless due to the failures from the Council. Mr X reports the Council’s communications were poor throughout and he was denied access in seeing a housing officer.
2. As a resolution, Mr X has asked for action to be taken against the Council, for it to apologise and make payments in consideration of the issues he has faced.

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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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What I have and have not investigated

5. Mr X has asked for individual Council employees to be dismissed. However, we cannot investigate a complaint if it is about a personnel issue, including deciding whether somebody should be dismissed. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
6. Mr X has also stated that he had to pay extra rental costs due to the failure from the Council to issue a Personalised Housing Plan (PHP). However, I cannot see that this has been raised directly to the Council to allow it a chance to respond. Also, I have not seen a direct link between the failure to issue a PHP and the increase rental costs incurred. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance. Mr X and the Council had the opportunity to comment on my draft decision. I considered any comments received before making a final decision.
8. I have also considered the relevant statutory guidance, as set out below. Also, I have considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

9. 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.
10. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:

• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

11. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
12. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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)
13. 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)
14. Examples of applicants in priority need are:

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

15. 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)
16. 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)
17. Councils must provide to anyone in their district information and advice free of charge on:
    preventing homelessness;

• securing accommodation when homeless;
• the rights of people who are homeless or threatened with homelessness;
• the duties of the authority;
• any help that is available from the authority or anyone else, for people in the council’s district who are homeless or may become homeless (whether or not they are threatened with homelessness); and
• how to access that help.

18. 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)
19. Homeless applicants may request a review within 21 days of being notified of the following decisions:

• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• the steps they are to take in their personalised housing plan at the prevention duty stage;
• giving notice to bring the prevention duty to an end;
• the steps they are to take in their personalised housing plan at the relief duty stage;
• giving notice to bring the relief duty to an end;

What happened

20. Mr X told the Council at the end of March 2024 that he was due to be made homeless at the beginning of April 2024.
21. The Council carried out a homelessness assessment at the beginning of April 2024 and decided that although he was eligible, he was not in priority need so it would not provide interim accommodation. It agreed to provide help such as providing a deposit and the first month of rental payment for an appropriate property.
22. Mr X says that he was left homeless for a time in April 2024 before he found new accommodation. He says that during this time, he went to speak to his housing officer however the Council refused to allow him to speak to one.
23. Mr X says the Council failed to issue him with a PHP. The Council say that a PHP was delayed and produced in September 2025, but it has not updated this.
24. The Council says there have been communication shortcomings from it. Mr X says that he had to repeatedly contact it to gain its approval for the deposit and rental payment. Also, that his housing officer did not speak to him until January 2025.
25. The Council confirms it paid Mr X’s landlord for the deposit and first month’s rental payment in February 2025.

Analysis

26. As part of the assessment into Mr X’s homelessness application, the Council are required to provide a detailed decision. This should set out the nature of how it reached its conclusion along with providing a right of review. I am satisfied the Council’s decision letter in April 2024 was suitable and allowed Mr X the opportunity to review the decision.
27. I cannot therefore hold the Council at fault for the period that Mr X became homeless for, because the Council had completed an assessment into its duty. Also, Mr X had the right to review this decision.
28. I do consider however the Council at fault for its communication after this decision. The Council has provided evidence that it completed a PHP however it failed to keep this document updated.
29. If the Council had kept the PHP document updated this could have prevented Mr X from having to visit the Council in person. This is because the PHP would show the actions the Council were taking along with the action which was expected of Mr X. Instead, there are clear attempts for Mr X to speak with a housing officer at the time. Although the notes support that members of staff spoke to Mr X, I do consider the issue would have impacted him by increasing his frustration.
30. Also, the Council has confirmed that it failed to decide on whether to provide Mr X with a rental and deposit payment for several months. I consider the extended delay in doing so, to be fault by the Council. Under its role, its relief duty should have ended after 56 days, with the Council writing to Mr X to confirm this. However, due to its failure, the Council did not do this.
31. Although Mr X found accommodation in April 2024 and therefore the Council’s relief duty ended at this point, it should have confirmed this to him in writing at the time. There has also been clear confusion from the Council over whether it would provide Mr X with a rental payment and deposit. Firstly, in December 2024 it told Mr X it would not provide this payment, before later it reversed this decision.
32. The failure to communicate effectively with Mr X has caused Mr X significant distress in the form of uncertainty. This is in not knowing whether his landlord would allow him to stay at the property without a deposit and missing his first month’s rental payment. Although Mr X remained at the property, this uncertainty would have certainly caused him distress.
33. In the Council’s response to the complaint, it has committed to improving its services about this and has provided evidence of giving additional staff training. I consider this to be a suitable response to the complaint and so I have not recommended any additional requirements from the Council.
34. However, I do not consider the award offered by the Council in consideration of the faults identified and the impact this caused to Mr X to be suitable. I have increased this award accordingly.

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Action

35. Within four weeks of my final decision the Council has agreed to:
1. Provide a written apology to Mr X for the unnecessary and avoidable distress caused by the failure to communicate effectively during his homelessness application. This apology should be in line with our guidance on making an effective apology
2. Pay Mr X £600 for the distress and frustration this matter caused.
36. The Council should provide us with evidence it has complied with the above actions.

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Decision

37. I find fault causing injustice. The Council has agreed to apologise and make payment to Mr X in consideration of this.

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Investigator's decision on behalf of the Ombudsman