Summary: The Council was at fault for the delay in deciding if it owed Ms X a homelessness duty and in issuing a decision with appeal rights. The Council has apologised to Ms X and has already made service improvements. This is an appropriate remedy for the frustration caused.

The complaint

1. Ms X complained the Council failed to provide support to her when she was at risk of homelessness. She said this impacted her mental well-being and left her at risk of homelessness.

Back to top

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(1), as amended)

Back to top

How I considered this complaint

4. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Legislation and statutory guidance

6. 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.
7. 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)
8. 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)

Duty to provide Advisory Services

9. 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.

Back to top

What happened

10. Ms X lives in a property for which she has a commercial lease.
11. Ms X contacted the Council in November 2024 to tell them she was at risk of homelessness. The Council made an appointment for an assessment, but Ms X did not attend.
12. In December 2024 Ms X was given a Section 146 notice (under The Law of Property Act 1925) by her Landlord, for breach of the conditions of her lease.
13. Ms X went to the Council in person in January 2025. She said her landlord would be applying for her eviction due to rent arrears which would leave her homeless and asked the Council for support. She told the Council she had a mental health condition. The Council told her it would take advice as to which team should support her due to the commercial lease. Later in January the Council decided she would be supported through Housing Advice.
14. In January 2025 the Council referred Ms X for a medical assessment which concluded she was not vulnerable on medical grounds.
15. In March 2025 Ms X complained to the Council under stage one of the corporate complaints procedure. She said the Council had not allocated a caseworker to support her and she had received no contact from the Council. She had attended the Town Hall in person due to her imminent risk of homelessness and was told she would receive a telephone call that the Council then did not make.
16. In its response the Council apologised and acknowledged she had not been offered an appointment. The Council said it was making changes to improve its triage system. It said it had asked Housing Options to make an urgent appointment for her. The Council sent Ms X an appointment and asked her to provide documentation.
17. In late March 2025 Ms X complained to the Council under stage two of the corporate complaints procedure as she felt the Council’s response was insufficient and concerns she and others had raised had been overlooked.
18. The Council contacted Ms X at the beginning of April 2025 to apologise and establish a way forward. Ms X had a telephone assessment. During the assessment Ms X said there were ongoing court proceedings regarding her rent arrears. The Council advised Ms X her medical assessment had determined no priority need. Ms X was given housing advice.
19. In May 2025 Ms X made an application to join the Housing Register.
20. The Council responded to Ms X’s stage two complaint in May 2025. The response apologised for the delay in arranging her Housing Options appointment.
21. Ms X made an online homelessness application to the Council in July 2025.
22. The Council contacted the landlord who said they may serve an eviction notice due to rent arrears but there were ongoing Court proceedings. There is no record of the Council contacting Ms X in response to her homelessness application.
23. In September 2025 Ms X and her landlord told the Council they hoped to agree a settlement to allow Ms X to remain at her address.
24. The Council attempted contact with Ms X in October 2025. It then sent her a decision letter after deciding she was not homeless or threatened with homelessness.
25. Following other complaints and a report from the Ombudsman in August 2025, the Council agreed actions to improve how it responded to homelessness applications.

Findings

26. When Ms X approached the Council in November 2024 it arranged an appointment and tried to contact her but Ms X did not respond. I do not find fault by the Council at this point.
27. Ms X visited the Council in January 2025 to advise them of her risk of homelessness and of her mental health condition. The Council decided housing advice would respond and referred her for a medical assessment.
28. Although the medical assessment was completed there is no information available to show the Council made any other enquiries. The Council failed to make and record a decision about what if any homelessness duty it owed Ms X. If it did not consider it had reason to believe she may be homeless within 56 days, it should have recorded that decision. The Council’s delay is fault which caused Ms X frustration and delayed her right to review.
29. In March 2025 Ms X complained to the Council. Although the Council arranged an appointment this was not completed until April 2025. At this time the Council provided housing advice but did not make any further inquiries or record any decision about whether it considered it owed Ms X any homelessness duty. This is fault and further delayed her right to review.
30. In October 2025 the Council decided it did not owe a duty to Ms X and wrote to confirm this. Ms X had a right of review if she disagreed with this decision and it was open to her to use it.
31. In its response to Ms X’s complaint, the Council said it was making changes to improve its triage system. Since Ms X complained to us the Council has taken action to improve its response to homelessness applications. I am satisfied the Council has taken action and further service improvement recommendations are not necessary
32. The Council has already apologised for the delay in arranging Ms X’s appointment. This is an appropriate remedy for its fault and for the injustice caused to Ms X.

Back to top

Final Decision

33. I find fault causing injustice which has been remedied by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman