Summary: Ms X complained the Council failed to action homelessness application in July and November 2024 and failed to action a referral to children’s social care. The Council accepts fault in respect of the three incidents above which Ms X says impacted on her mental and physical health. A suitable remedy including a symbolic payment and service improvements is agreed.

The complaint

1. Ms X complained the Council failed to action homelessness applications of July and November 2024 and failed to action a referral to children’s social care.
2. Ms X says this has had a devastating impact on her mental and physical health and she now lives in a more expensive, less secure private rented property.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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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What I have and have not investigated

6. Issues concerning Ms X’s eviction from her previous property have been determined in court and so I have not considered them as they fall outside the Ombudsman’s jurisdiction.

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How I considered this complaint

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

9. Ms X moved into an affordable property owned by the Council in 2020. The Council failed to set up a rent account and Ms X did not make any rent payments for about two years. As a result, she accumulated significant rent arrears.
10. In 2024, the Council, as landlord, started possession action on the basis of rent arrears. Ms X contacted the Council in July saying that she was threatened with homelessness. She contacted the Council again in November 2024.
11. The Council did not respond to these approaches. If it considered Ms X was homeless or threatened with homelessness, it had a duty to make enquiries and decide whether it owed any further duty.
12. Ms X made a further homelessness approach to the Council in February 2025. The Council delayed carrying out its homelessness duty until 24 March when it accepted the relief duty. By this time it was aware a bailiff warrant had been issued by the court for repossession of the property. Ms X was challenging this and went to court for a further hearing on this point on 28 March. The court upheld its decision and Ms X was due to be evicted by 1 April.
13. On the morning of the court hearing on 28 March, the Council emailed Ms X offering her interim accommodation in a neighbouring area. The offer was for a one-bedroom ground floor flat. Ms X says that due to the stress of having to attend court, she was unable to properly consider the offer. The Council said she had to decide by 2pm whether she wanted to accept the offer or it would end its duty to provide interim accommodation. The Council considered the property was suitable for Ms X’s needs. Ms X did not accept the property and so the Council ended its duty to provide interim accommodation.
14. Ms X was evicted from her property on 1 April. The Council had advised it would make a referral to children’s social care as she had a dependent child and was homeless. The referral was not properly actioned and so Ms X was not offered assistance by children’s services.
15. The Council identified possible private sector housing for Ms X to rent and arranged an appointment with her on 9 April to complete her personal housing plan (PHP). On 15 April the Council confirmed Ms X had been on the housing register since 2017 and that she was eligible to place bids on a two-bedroom property. The Council indicated the issues with pressure on available social housing.
16. On 22 April Ms X signed a tenancy agreement for a private sector property and the Council closed the case.

Analysis

17. Ms X complains about the failure of the Council to take action in respect of homelessness applications and a children services referral. I have seen information which shows the Council accepts it failed to take appropriate action. My investigation has therefore focussed on the injustice experienced by Ms X as a result of these faults and whether a suitable remedy has been provided.
18. The Council responded to Ms X’s formal complaint as stage one of its process on 8 April 2025. This complaint concerned matters I have not considered including the failure to set up the rent account for her former property. The Council accepted there had been a failure to set up the rent account for an extended period but felt Ms X also contributed to the issue of the rent arrears. However, it provided a financial remedy which included a 20% reduction of the arrears which amounted to £5,260 and it did not apply rent increases due in April 2021 and 2022 which amounted to a further £750.
19. Ms X had emailed a housing officer in July and November 2024 regarding her housing position and that possession action was being taken in respect of rent arrears. The Council accepts no response was provided to either of these emails which is below expected service standards. The Council should have considered whether it had reason to believe Ms X was homeless or threatened with homelessness within the next 56 days. If this was the case, then it may have owed Ms X the prevention duty. There is no evidence to suggest the action being taken regarding the rent arrears in July and November would meet this criteria and so while it was fault not to provide a substantive reply, I do not consider any action would have been taken by the Council.
20. In February 2025 the situation was different and the Council did then owe a duty under the homelessness act. It delayed taking action until March 13 but at that point accepted the relief duty. At the point Ms X was facing eviction from her property, interim accommodation was offered which Ms X declined. I am satisfied the Council did not leave Ms X without accommodation. While it may have been difficult to respond on the day she was in court this does not lead me to conclude the Council acted with fault. I consider the Council made an appropriate offer and explained what would happen if it was declined.
21. However, it also said it would make a referral to children’s services and this was not properly followed through. If the referral was properly made then this may have resulted in action being taken to assist Ms X possibly including the offer of short term accommodation. However, I cannot say with any certainty what would have happened and whether Ms X would have accepted any offers. However, she was left in a difficult situation and this caused distress.
22. I have noted the significant financial remedy the Council has already provided to Ms X. However, that is not part of the complaint I have considered. The Council failed to respond to two letters from Ms X and failed to ensure the referral to children’s services was properly carried out. I am therefore recommending a symbolic payment to recognise the distress she experienced as a result of this fault.

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Action

23. To remedy the injustice caused to Ms X as a result of the fault identified above, the Council will, within one month of my final decision, take the following action:
• Make Ms X a symbolic payment of £150 to recognise the distress and uncertainty caused as a result of the Council not taking action on three occasions; and
• Provide details of the procedures in place to ensure referrals to children’s social care are properly made and received; and
• Provide details to show how homeless approaches to individual members of staff are recorded and responded to and will not go unanswered.
24. The Council should provide us with evidence it has complied with the above actions.

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Decision

25. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman