Summary: Miss B complained that the Council delayed in dealing with her homeless application. We found fault which caused Miss B uncertainty and frustration. The Council has agreed to apologise to Miss B and make a symbolic payment of £150.

The complaint

1. Miss B complained that the Royal Borough of Kensington & Chelsea (the Council) delayed in dealing with the homeless application she submitted in June 2025: it did not carry out an assessment of her situation until 23 September 2025 and then did not accept the Prevention Duty until 6 November 2025. Miss B says she has been caused uncertainty and frustration by the lack of action and communication.

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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. 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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How I considered this complaint

4. I considered evidence provided by Miss B and the Council as well as relevant law, policy and guidance.
5. Miss B 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

Assessments and Personal Housing Plans

6. 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)

The prevention duty

7. 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)

What happened

8. Miss B submitted a homelessness application in June 2025. She was pregnant and living with her parents, but they wanted her to move out before the baby was born because the house was overcrowded. On 7 August she contacted the Council for an update. The Council acknowledged her application. On 27 August Miss B complained about the lack of action on the application.
9. On 3 September the Council arranged a housing assessment for 23 September. On 10 September it responded to her complaint at stage one of its complaints process, It upheld her complaint and apologised. It noted an appointment was now booked so she could move forward.
10. Miss B attended the assessment. She explained her circumstances and said she did not require interim accommodation as she could stay with her parents.
11. On 1 October Miss B escalated her complaint to stage two of the complaints procedure. She said the Council had not done anything since the assessment interview and she was no further forward.
12. The Council drew up a personal housing plan and accepted the prevention duty on 6 November 2025.
13. The Council responded to her complaint on 11 November, noting that the prevention duty had been accepted and a personal housing plan completed. It said there might be a long wait for social housing, so it suggested she looked in the private sector.
14. On 2 December we decided to consider the complaint.
15. On 12 December 2025 Miss B secured accommodation with a housing association.

Findings

16. The Council took three months in assessing Miss B’s homeless application and then over six weeks to accept the prevention duty and draw up a personal housing plan. This was fault which caused Miss B uncertainty as to her future housing options.
17. The injustice to her was reduced by the fact she was able to live with her parents albeit in overcrowded conditions and did not require interim accommodation.

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Action

18. In recognition of the injustice to Miss B I recommended the Council, within one month of the date of my final decision:
• apologises to Miss B and makes a symbolic payment of £150.
19. The Council has agreed to my recommendation and should provide us with evidence it has complied with the above actions.

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Decision

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

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Investigator's decision on behalf of the Ombudsman