Summary: We did not find the Council at fault for how it handled Ms X’s homelessness application.

The complaint

1. Ms X complains the Council:
• Failed to provide support with her homelessness situation when her landlord gave her a section 21 notice.
• Wrongly asked her to provide an excessive number of documents which she considered breached the requirements of GDPR. Ms X said the Council failed to take account that she could not provide the documents as she was trying to prevent her eviction and obtain a non-molestation order.

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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. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. I have not investigated the Council’s decision to find Ms X not homeless in May 2025. Ms X had review rights she could have used to challenge the decision.

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How I considered this complaint

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

Law and guidance

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)
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)
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. This is called the prevention duty. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)
11. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called 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)
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) this is called the main housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

What happened

13. Ms X lives with her children in private rented accommodation. In January 2025, her landlord gave her a section 21 notice requesting that she leave the property. Ms X had previously fled domestic abuse from a property she owned. She rented this out as she said it was not safe for her family to return there.
14. In March 2025, Ms X approached the Council to ask for help as her landlord had given her a section 21 notice. The Council completed a homelessness assessment for Ms X. The Council asked Ms X to sign a client authorisation form so it could make enquiries into her situation and provide some documentation, including identification, a copy of the section 21 notice and proof of income.
15. On 18 March 2025, the Council emailed Ms X to follow up its request for documents. The Council told Ms X she had the option to upload these documents on its portal and sent her a link to do this.
16. In late March 2025, Ms X obtained a non-molestation order against her ex-partner. She also received a letter of support from an organisation helping victims of domestic abuse who said the property she owned was too high risk for her to return to.
17. In April 2025, the Council contacted Ms X and asked her to provide her client authorisation form and other documents so it could make enquiries and look into her case.
18. In late April 2025, Ms X complained to the Council about the way it handled her homelessness case. Ms X said she was unhappy with the level of documentation the Council asked for and unhappy it had considered her mortgaged property.
19. In early May 2025, the Council emailed Ms X and asked her to supply her client authorisation form and other documents. The Council said it needed these to process with her case and gave her until 15 May 2025 to provide them.
20. On 19 May 2025, the Council sent Ms X a not homeless decision. The Council said it believed Ms X had accommodation available to her which she could live at. The Council also said Ms X did not provide it with the documents it asked for or client authorisation so it could not make enquiries into her case. The decision letter told Ms X she could ask the Council for a review if she disagreed.
21. The Council also spoke with Ms X over the telephone on the same day. The notes from the call showed the Council discussed options such as alternative private rented accommodation, applying for discretionary housing payments and contacting the relevant body to see if her mortgaged property could be repaired. The Council asked Ms X to send it the documents it had asked for so it could move this forward.
22. In late May 2025 and early June 2025, Ms X sent the Council some of the documentation it asked for including the section 21 notice she received and the non-molestation order she obtained.
23. The Council responded to Ms X’s complaint in early June 2025. The Council said it asked Ms X to sign a client authorisation form so it could make the necessary enquiries into her circumstances. The Council said as part of its enquiries it had to consider the property Ms X owned.
24. Ms X asked the Council to consider her complaint at the next stage of its process in late June 2025. Ms X said the Council had not considered any evidence about her domestic abuse situation.
25. The Council provided its final response to Ms X’s complaint in early July 2025. The Council provided Ms X advice about what her landlord could do after the expiry of the section 21 notice. The Council said it closed her homelessness case after Ms X did not provide the documents it had asked for. The Council said it needed Ms X’s client authorisation form so it could make enquiries into her circumstances.

Analysis

26. Ms X approached the Council for homelessness assistance in March 2025. After carrying out an assessment the Council asked Ms X to provide a signed client authority form so that it would be able to make enquiries into her homelessness situation. The Council also asked Ms X to provide some documentation, this included her identification, a copy of the section 21 notice and tenancy agreement for her property and proof of income.
27. Email communication and telephone notes showed the Council asked Ms X several times for this documentation so it could progress her case in March, April and May 2025. As Ms X did not provide it the Council issued her with a not homeless decision.
28. I do not consider the Council was at fault for how it handled Ms X’s homelessness application. The Council told Ms X it needed a client authorisation to make enquiries into her circumstances. The Council would need to do this so that it could investigate Ms X’s circumstances and contact other agencies who could help verify her circumstances. It also asked Ms X for the tenancy agreement and section 21 notice so it could check to see if this was valid. I do not consider the Council was at fault for asking Ms X to provide this information.
29. I have not investigated whether the Council was right in giving Ms X a not homeless decision. Ms X had review rights to challenge this decision which she was told about. I see no reasons why Ms X could not have asked the Council to review this decision as she disagreed with it.
30. Once the Council received some of the documentation it asked Ms X for such as the section 21 notice and tenancy agreement it advised Ms X about the eviction process her landlord would need to follow. The Council also provided Ms X with further information about her housing options following its not homeless decision

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Decision

31. I find no fault.

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Investigator's decision on behalf of the Ombudsman