Summary: Mr X complained the Council delayed in providing him with interim accommodation when he presented to it as homeless and provided incorrect advice. The Council was at fault for delay and for providing inaccurate advice, meaning Mr X spent over a month in unsuitable accommodation. The Council has agreed to apologise to Mr X, make a payment to reflect the injustice and act to prevent recurrence.

The complaint

1. Mr X complains about the steps the Council took to assist him when he approached it when threatened with homelessness. Specifically, Mr X says the Council:
• Failed to make proper enquiries when he approached it to inform it he had been asked to vacate his property, which meant he was given incorrect information about the security of his tenancy;
• Failed to provide interim accommodation when he was evicted from the property, which effectively left him homeless and meant he had to sleep in his van; and
• Placed him in unsuitable accommodation despite being aware of his medical needs.

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 Mr X and the Council as well as relevant law, policy and guidance.
5. Mr 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

Relevant law and policy

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. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
8. 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)
9. 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)
10. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is known as the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
11. 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). This is known as the main housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

What happened

12. I have summarised below some key events leading to Mr X’s complaint. While I have considered everything submitted, this is not intended to be a detailed account of what took place.
13. On 26 August 2024 Mr X contacted the Council to ask for housing assistance as his landlord had asked him to vacate his accommodation.
14. The Council contacted Mr X to discuss this on 3 September and to ask about the notice he had received, the type of property he was living in, and the type of tenancy. Mr X provided information to the Council, including evidence of a medical condition he had.
15. The Council considered the information Mr X had given and explained until the landlord issued him a valid Section 21 notice to vacate, he did not need to leave the property. The Council advised Mr X to inform his landlord of this and closed his case as advice having been given.
16. Mr X contacted the Council again in October 2024 as he was concerned about his landlord increasing rent. Mr X also explained one of the other tenants in the property may be related to the landlord. The Council reiterated that Mr X was entitled to remain in the property until the correct legal process was followed and said the landlord could not increase the rent without providing an updated tenancy agreement.
17. In December 2024 Mr X contacted the Council again as his landlord had said they would not issue a Section 21 notice and told him his tenancy was due to end at the end of the month and he would need to vacate the property. The Council reiterated that Mr X had the right to remain in the property and also wrote to the landlord to confirm this.
18. Mr X contacted the Council on 27 January 2025 to explain the landlord had attended the property and changed the locks so he was no longer able to live there. The Council visited the property and concluded an illegal eviction had not taken place as another tenant was related the landlord and Mr X was actually a lodger rather than having an assured shorthold tenancy.
19. The Council referred Mr X’s medical information to an independent medical adviser and determined he was not in priority need. Mr X has said the Council advised him to move into his daughter's home while he sorted his accommodation situation but his medical condition made this difficult due to the number of stairs. As a result Mr X has said he had to spend nights sleeping in his van.
20. Mr X contacted the Council again in February 2025 to reiterate that his medical conditions meant he had a priority need and the Council sought further advice from the independent medical adviser. Mr X chased the Council several times for an update and an outcome but has said he was told his caseworker was currently off and would update him on his return.
21. On 20 February the Council agreed that Mr X’s medical conditions, coupled with the fact he was sleeping rough meant he was likely in priority need and put in a request for interim accommodation.
22. On 21 February the Council made Mr X an offer of Section 188 Interim accommodation. This was a ground floor flat that had a private shower and toilet with a sink and combi oven. The main kitchen was on the first floor.
23. Mr X said the interim accommodation was not suitable for his medical needs due to the kitchen being on the first floor.
24. The Council reconsidered Mr X’s medical information and moved him to a ground floor accommodation on 7 March.

Analysis

25. Mr X contacted the Council in August 2024 to explain he had been asked to vacate his accommodation. The Council discussed this with Mr X and reached out to his landlord and advised both parties that Mr X had the right to remain at the property until the correct legal process was followed and Mr X was issued with a Section 21 notice to vacate. This advice turned out to be incorrect, which amounts to fault. As a result, Mr X was unexpectedly made to leave his accommodation on 27 January 2025. Had the Council provided Mr X with the right information initially, he would had the opportunity to make other arrangements and instead only found out he had been given wrong advice after the landlord changed the locks and told him to leave. This is injustice.
26. I appreciate the advice the Council gave was based on the very limited information Mr X had provided. However, I have seen no evidence the Council took steps to obtain information such as Mr X’s tenancy agreement which would have allowed it to provide correct advice, or that it caveated the advice by explaining it was dependent on the type of tenancy Mr X had. Mr X also made the Council aware in October 2024 that one of the tenants may be related to the landlord, but the Council did not consider the implications of this until Mr X had actually been made to vacate the property in January 2025.
27. The Section 188 duty to arrange interim accommodation sets a low threshold and is triggered as soon as the Council has reason to believe an applicant may be eligible, homeless and in priority need. The duty is absolute and cannot be postponed. The Homelessness Code of Guidance states interim accommodation should be made available immediately whilst the Council undertakes its investigations.
28. Mr X contacted the Council on 27 January 2025 to explain he had been made to vacate his property he also reiterated that he had medical conditions that meant it may not be suitable to stay at his daughter’s house. This represents reason to believe Mr X may have been made homeless and in priority need and the Council was under an immediate duty to provide him with interim accommodation while it investigated. The Homelessness Code of Guidance is clear interim accommodation should be made available whilst the Council undertakes investigations. Failure to do so is fault and meant Mr X spent time staying in unsuitable accommodation with his daughter and sleeping rough in his van, which is injustice.
29. Mr X has said the initial interim accommodation was unsuitable for him as it required him to use stairs. Once Mr X raised this with the Council it reconsidered his medical evidence and agreed to move him to a ground floor accommodation. The information the Council reviewed before moving Mr X had already been available to it. Failure to have taken this into account when deciding on what sort of interim accommodation was suitable for Mr X is fault. It meant Mr X then spent time in unsuitable accommodation which is injustice.
30. The Council eventually provided Mr X with suitable interim accommodation on 7 March 2025, meaning the injustice lasted around six weeks after the duty first arose on 27 January 2025.

Back to top

Action

31. The Council should complete the following actions within one month of the date of this decision:
• Write to Mr X to apologise for the delays in providing interim accommodation, which meant he had to remain in unsuitable accommodation for around a month. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Make payment of £300 to recognise the injustice caused by the failure to offer suitable interim accommodation between 27 January 2025 and 7 March 2025.
• Make payment of £100 to recognise the injustice caused by the failure to gather the relevant information to provide accurate advice when Mr X first contacted it.
• Take action to remind housing staff of their responsibilities regarding the need to provide interim accommodation and the low threshold the Homelessness Code of Guidance sets, explicitly directing councils to make interim accommodation available while it undertakes investigations.
32. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

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

Back to top

Investigator's decision on behalf of the Ombudsman