Summary: We found fault with the Council for failing to move Ms X to alternative temporary accommodation when it decided her accommodation was unsuitable. This caused Ms X an injustice because she lived in unsuitable accommodation. It also caused her distress and placed her at risk of domestic abuse. The Council agreed actions to remedy the injustice to Ms X.

The complaint

1. Ms X complained the Council failed to move her family when it decided her temporary accommodation was unsuitable. She also complained about the Council’s banding decision.
2. She said this affected her family’s health because it made their pre-existing medical conditions worse. She also said it exposed them to risk of domestic abuse and caused her distress.

Back to top

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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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(i), as amended)

Back to top

How I considered this complaint

5. I considered the information Ms X provided with her complaint. I made enquiries with the Council and considered its response along with relevant law and guidance.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Law and guidance

Homelessness

7. The Housing Act 1996 (part 7) is the core legislation outlining the Council’s duties to those who are homeless or threatened with homelessness.
8. The Homelessness Reduction Act 2017 applies to all homelessness applications made since 3 April 2018. It introduced new homelessness prevention and relief duties which cover all homeless applicants, regardless of priority need or intentional homelessness.
9. The Homelessness Code of Guidance is statutory guidance to councils on interpreting homelessness duties and carrying out their functions.
10. If someone is homeless, or threatened with homelessness within 56 days, they can seek help from the housing authority (council). They must be eligible for assistance.
11. Where the person is actually homeless, the relief duty may apply. The council will need to carry out an assessment and work with the person to develop a personalised housing plan (PHP).
12. When a council is satisfied an applicant is in priority need and is not intentionally homeless, the relief duty ends after 56 days. The council must then complete inquiries promptly to decide if any further duty is owed (the main housing duty).
13. Where the housing authority arranges accommodation this must be suitable for the person and those who can reasonably be expected to live with them.
14. Homeless applicants may request a review within 21 days of being notified of the decision on their homelessness application. There is also a right to request a review of the suitability of temporary accommodation provided once the Council has accepted the main homelessness duty. (Housing Act 1996, section 202)

Allocations

15. A council must have an allocation scheme for deciding priorities and allocating accommodation. The scheme must give reasonable preference to applicants who fall within reasonable preference categories. (Housing Act 1996 s.166A (1,3) and s.167 (1, 2))
16. The Housing Act 1996 s.166A sets out the reasonable preference categories, these are:

• people who are homeless and eligible under the Housing Acts 1985 and 1996.
• people occupying insanitary or overcrowded housing or living in unsatisfactory housing conditions.
• people who need to move on medical or welfare grounds.
• people who need to move to a particular locality and a failure to move would cause hardship to themselves or to others.

17. The Council may give additional preference to applicants within the reasonable preference categories, provided they have urgent housing needs.
18. Councils must notify applicants in writing of the following decisions and give reasons:

• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.

19. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))

Haringey Council’s Housing Allocation Policy

20. The Council has a local housing register of housing need. Anyone who wants social housing in Haringey must apply though the register.
21. The Council’s housing allocation scheme sets out the basis on which the Council will allocate social housing under Part 6 of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Localism Act 2011).
22. The demand for social housing exceeds the supply. The register enables the Council to prioritise those with the greatest need and closest connection to Haringey.
23. Applicants accepted to join the register are placed in one of three housing needs bands to reflecting their housing need.
24. When the Council has assessed the applicants housing application they receive a letter telling them the outcome. The letter includes details of the appeal and review process.

What happened

25. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
26. Ms X approached the Council as homeless in June 2020. She left her family home with her children because she was a victim of domestic abuse. She went to stay with a family member.
27. The Council accepted it owed her the relief duty and placed them in temporary accommodation.
28. In January 2021 the Council ended the relief duty and accepted it owed her the main housing duty.
29. The Council accepted Ms X’s application to join the housing register and placed her band B. Ms X asked for a review of the banding decision. The Council reviewed the banding decision. It upheld its decision to place Ms X in band B and not to award medical priority. Ms X sent the Council medical information. It sought advice from its medical advisor. It did not recommend Ms X should be awarded medical priority.
30. In September 2021 Ms X asked the Council to move her to different temporary accommodation. She said the condition of the property and fumes from the premises below were affecting the family’s health because of their pre-existing medical conditions. On the day it received the request the Council asked an officer to inspect the property.
31. The Council completed a transfer request form on 3 September 2021. It recommended Ms X was moved to alternative temporary accommodation because of the impact on the family’s health.
32. In December 2021 Ms X told the Council her ex-partner had found out her address and this placed her family at risk. The Council recommended a temporary accommodation transfer because of the property condition and the safeguarding concerns.
33. Ms X was unhappy with the Councils decision and complained to the Ombudsman in February 2022.

My findings

Suitability of temporary accommodation

34. I found fault with the Council for the delay moving Ms X once it decided her accommodation was unsuitable.
35. Despite the temporary accommodation move requests in September and December 2021 Ms X and her children remain in unsuitable accommodation. I understand there is limited availability of temporary accommodation in the areas Ms X could live in safely. Irrespective of this, I found the length of time the Council left the family in unsuitable accommodation was fault.
36. There was no case recording from September 2021, so there was no record of any action the Council took to find alternative temporary accommodation. It is disappointing that it took our involvement to prompt the Council to resolve an issue that had been going on for months.
37. The agreed financial remedy reflects the amount of time the family spent in unsuitable accommodation. It caused Ms X and her family an injustice. It affected their health and caused Ms X distress. It also exposed them to risk from Ms X’s ex-partner.

Housing banding decision

38. I did not find fault with the way the Council decided which priority band to place Ms X in.
39. The Council considered all the information and explained its decision to award Ms X.
40. Ms X used her right of review and the Council upheld its decision, again it explained why.
41. Where there does not appear to be fault with the way the Council made its decision we would not question the professional judgement of the decision maker. The Council followed its allocation policy.

Back to top

Agreed action

42. Within one month of my final decision the Council agreed to:

• Apologise to Ms X and pay her £100 in recognition of her time and trouble.
• Pay Ms X £2014 in recognition of the injustice caused from being in unsuitable accommodation between September 2021 and May 2022.
• Continue to pay Ms X the equivalent of £250 per month from the date of this decision until it offers Ms X suitable alternative temporary accommodation.

43. The Council should provide the Council with evidence it completes the agreed actions.

Back to top

Final decision

44. I found fault causing injustice. I completed my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman