Summary: Miss X complained about the housing support the Council has provided since it discharged its homelessness duty in 2021. We found the delays in accepting a homeless application and a duty to assist Miss X is fault. As were the delays in responding to Miss X’s concerns about sewage and the water supply to her property. These faults caused Miss X an injustice.

The complaint

1. Miss X complained about the housing support the Council has provided since it discharged its homelessness duty in 2021.
2. She complains the Council has:
• failed to address defects at the property including a lack of hot water and sewage being discharged from the taps;
• failed to provide sufficient financial support through DHPs to maintain the property. As a result Miss X has accrued rent arrears;
• failed to support Miss X in moving to suitable social housing.
3. Miss X also complains the Council delayed in responding to her concerns and that council officers treated her in a threatening or dismissive manner.

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The Ombudsman’s role and powers

4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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)

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What I have and have not investigated

7. Although Miss X complains about events since 2021, I have not investigated this full period. We expect people to contact us within 12 months of them thinking the Council has done something wrong. Miss X initially contacted us in July 2024 so we would normally only investigate events since July 2023. However given the Council’s delay in responding to Miss X’s complaint I have exercised discretion to consider events since early 2023.

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How I considered this complaint

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

10. 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.
11. 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)
12. 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)

The prevention duty

13. 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)

The relief duty

14. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

Review rights

15. Homeless applicants may request a review within 21 days of being notified of the certain decisions, including:
• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• giving notice to bring the prevention duty to an end;
• giving notice to bring the relief duty to an end;
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Housing allocations

16. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
17. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

18. The Council’s allocations scheme is a points based scheme which gives points according to the applicant’s housing needs and additional needs. The system is divided into eight points groups which reflect reasonable preference categories.
19. Applicants who are homeless or threatened with homelessness are awarded between 50 and 200 points depending on their circumstances and the duty the Council owes them.

What happened here

20. The following is a summary of the key events relevant to our consideration of the complaint. It does not include everything that happened.

Background

21. Miss X presented as homeless in 2020. The Council discharged it homeless duty in February 2021 when Miss X and her family moved into Property 1, a three-bedroom privately rented property. Miss X reported issues of disrepair and a problem with a lack of hot water to the landlord.
22. A change in circumstances meant Miss X and her family only needed a two bedroom property. This affected Miss X’s benefits as she became liable to pay a “bedroom tax”. Miss X applied for and received two Discretionary Housing Payment (DHP) in 2022 to assist in paying the shortfall in rent. Miss X also contacted both the Private Rental Team and Homeless Prevention team at the Council for help.

Events since 2023

Homelessness

23. In early 2023 Miss X contacted the Council for help as her lease was due to expire in February 2023 and her landlord would not extend it. The Council told Miss X she did not need to leave property as her landlord had not served notice. The Council referred Miss X's case to its tenancy sustainment team.
24. Miss X also told the Council she had received abuse and threats from her landlord in relation to her difficulties in paying the rent.
25. The Council's records show a manager's note of 19 May 2023 says a homeless application should be taken. They noted Property 1 was unaffordable and DHP had been paid three times. The Council did not take a homeless application at this stage but advised Miss X to continue bidding for properties under the housing allocation scheme.
26. In September 2023 Miss X's landlord served a s21 Notice to end the tenancy. Miss X contacted the Council to confirm whether the notice was valid. The Council confirmed the notice was not valid and that Miss X did not have to leave Property 1. It advised Miss to keep bidding for Council accommodation and again noted Property 1 was unaffordable without DHP.
27. An entry in the Council's records for 27 September 2023 says to "accept Prevention". It notes there is no valid s21 Notice but Miss X cannot pay the rent. An officer spoke with Miss X on 11 October 2023 and noted the rent was unaffordable and Miss X no longer needed a three-bedroom property. Miss X also told the officer the property was in need of repairs. The house smelled of sewage as there were always blockages. The officer agreed to discuss the situation with the landlord.
28. Miss X contacted the Council again in late October 2023 as she had been contacted by the landlord's solicitor regarding a notice of eviction. Miss X was concerned that the longer they stayed at Property 1 the greater the arrears they would accrue. She also said the bathroom sink was overflowing on a daily basis.
29. In January 2024 a manger noted the Council should have accepted a prevention duty in September 2023. The housing officer then asked Miss X to complete a homelessness application. Miss X completed the application the following day.
30. The Council wrote to Miss X on 26 January 2024 confirming it had accepted a prevention duty.
31. The Council advised Miss X to register with a housing association who would be able to offer accommodation at a reduced rent and for a longer lease than the private rental sector. It told Miss X the housing association would not be able to offer accommodation in Camden due to affordability. The Council also suggested Miss X look for accommodation herself under the self-help scheme and the Council would pay the deposit and first month's rent. Miss X told the Council she could not relocate out of Camden.
32. On 28 February 2024 the Council invited Miss X to view a property in Hackney. Miss X declined as the property was not in Camden. She told the Council she was a full time carer for her father and could not attend viewings on short notice. Miss X also said she would not move to another private rental property as her experience at the current property had been incredibly destabilising for her and her family. She asked the Council not to send her details of any more private rental properties.
33. The Council told Miss X the only way to secure a property in Camden was through social housing or if she found a property under the self-help scheme. The Council could only provide private rented properties and they would be in neighbouring boroughs to Camden. It could not offer anything in Camden as it did not have affordable properties.
34. On 23 April 2024 the Council invited Miss X to view a private rental property in Camden. Miss X declined and told the Council she could not afford private rental properties and only wanted social housing.
35. Miss X's landlord served a further s21 notice and applied for possession of Property 1 in July 2024.
36. On 30 September 2024 the Council invited Miss X to view another property. Miss X told the Council she was not available to view the property at suggested time. The Council advised Miss X this would be its final offer and if Miss X did not attend the viewing or rejected the property it would close her case.
37. As Miss X did view or accept the property the Council wrote to her on 18 October 2024 ending the prevention duty.
38. The Council then invited Miss X to view another property the following month. Miss X instructed a solicitor who challenged this offer and advised a change in Miss X's circumstances meant the Council would need to carry out a further affordability assessment.
39. The Council subsequently confirmed the offer to view the property was sent in error as it had discharged its prevention duty on 18 October 2024. Miss X's solicitor told the Council she had not received a discharge letter. The Council provided a further copy and confirmed it had made three offers before discharging the duty on the final offer.
40. Miss X had a right of review against the decision to discharge the prevention duty. She has not requested a review.

Disrepair

41. In April and May 2023 Miss X provided evidence of disrepair at Property 1. As the Council placed Miss X in Property 1 she felt it should assist with these issues. She told the Council there were issues with drainage/ sewage affecting her bathroom. The records show the homeless prevention officer would contact the environmental health team to arrange an inspection. There is no record of any contact between the officer and the environmental health team at this stage.
42. The Council's records show there was no contact with the environmental health team until February 2024. The housing officer contacted Miss X's landlord to confirm whether they had received reports of disrepair and if so whether they had been resolved. The officer also contacted the Council's environmental health service to confirm whether there had been an earlier referral and Property 1 was known to them. Environmental health confirmed they had not received a referral.
43. In late February 2024 Miss X provided images and videos of the disrepair issues they had experienced and told the Council they had now been without hot water for 16 weeks. She also said she had proof they had been washing their clothes in dirty sewage water.
44. Miss X also provided copies of her correspondence with her landlord confirming both the disrepair and the harassment they had received.
45. In early March 2024 the Council contacted Miss X's landlord to confirm whether they were aware of an issue with the hot water. Miss X's landlord confirmed Miss X had report there was no hot water on 20 December 2023. As the property has a communal boiler the landlord had contacted the Council who said they would attend the following day. The Council asked the landlord to chase the repair. The Council also told Miss X that as the heating was communal heating it could not make a referral to environmental health.
46. Miss X contacted the environmental health team directly on 18 April 2024 to raise her concerns. An environmental health officer (EHO) then inspected Property 1 on 3 May 2024. The EHO identified there was no hot water, which Miss X said had persisted for 24 weeks. There was also a persistent drainage problem with backflow and contamination of water in the kitchen sink, ground floor WC handbasin and bath.
47. The Council says it took advice on the water quality issue and then issued an Abatement Notice on 16 May 2024. The notice required Miss X's landlord to take the following action within 28 days:
• investigate the reason there was no hot water supply and fix/ repair the issues to ensure an uninterrupted hot water supply.
• investigate and determine the cause of the water coming back up through the plug holes in the hand wash basins, sinks and bath. And ensure the back flow of water does not recur.
• employ a professional to carry out a water quality test and ensure the water is free from contaminates for bathing, washing clothes and drinking.
48. The EHO discussed the notice with Miss X's landlord on 31 May 2024. The landlord said he had booked a plumber to investigate but Miss X was not available for the appointments and did not return the plumber's calls. They also said Miss X had reported the lack of hot water but not issues with dirty water or sewage. The landlord confirmed they had also been in contact with the Council's repair team regarding the communal boiler. Miss X says appointments were scheduled at the last minute with insufficient notice.
49. In July 2024 the EHO confirmed they were satisfied that Miss X's landlord was doing all they could. The hot water issues, which was the main reason for serving the notice, had been fixed straight away. In addition the landlord had sent a plumber round on a number of occasions and appeared to have resolved the issue. However the system had backed up again last week so the landlord arranged for a council engineer to check the communal system.
50. In relation to the water quality, the landlord had tried to arrange for the water company to test the water but only the account holder can request this. The EHO had advised Miss X to contact the water company to request testing. Miss X says she contacted the water company who told her the issue was not with the water supply, but with the internal drainage and sewage.

Complaints

51. Miss X made a formal complaint to the Council on 23 January 2024. She complained that despite telling the Council Property 1 was unaffordable in 2021 officers had repeatedly told her to "stay put". As a result she had accrued rent arears and was building up debts. Miss X complained the Council had set them up to fail.
52. Miss X also complained Property 1 was unsuitable and they were now in the 11th week of no hot water. There was also a problem with the pipework/ water supply and she regularly had to unblock the sinks of black sludge. Miss X said her landlord had refused to take these issues seriously and had harassed her family. She asserted the property was not fit for human habitation as it did not have a safe water supply.
53. She asked for a senior officer to review her case and to be given the opportunity to live somewhere safe they could afford. The Council did not respond at this stage. Miss X chased the Council in February and early March 2024.
54. On 21 March 2024 Miss X made a further formal complaint about the condition of, and disrepair at, Property 1 since she moved in. During the first eight months of the tenancy they had no hot water. She said that black malt then started coming through the pipework and made her family ill. Miss X said no one had been able to determine whether the drinking water was safe as no one would accept responsibility. She had been buying bottled water to drink and brush their teeth. In addition, there was a sewage smell at the property that had been there from the outset.
55. Miss X said she had now been without hot water for 19 weeks and nobody had been able to rectify this.
56. Miss X also complained about harassment from her landlord and said she had had to file a police report against them.
57. As the Council did not respond to her complaint, Miss X contacted the Ombudsman in July 2024 for assistance. We referred her complaint back to the Council to respond under its complaints procedure.
58. The Council responded on 20 August 2024. It apologised for the time taken to respond and said it had been unable to determine what had happened to cause the delay.
59. The Council's response set out what had happened since 2021 with a focus on Miss X's housing allocation application and the points she had been awarded. It did not agree the Council had required her to stay in unsuitable accommodation as it had offered Miss X alternative accommodation. Including an affordable property in Camden. The Council did however acknowledge the offers were made after Miss X had complained.
60. In relation to Miss X's homelessness, the Council noted it had accepted a prevention duty in January 2024 and had provided advice earlier. It said it was unclear from its records whether Miss X would have preferred the Council to have accepted a formal duty earlier or accepted a relief duty. The Council noted that the 'prevention' points were key to Miss X's allocation application and that this was Miss X's main concern. Once the Council had accepted Miss X was homeless she would no longer receive the 200 prevention points.
61. The Council suggested there was a practical reason for accepting a prevention rather than a relief duty. But there was nevertheless a question about whether it should have accepted a prevention duty earlier. Based on events since it accepted the duty the Council suggested it would not have made a practical difference.
62. The Council noted a person is homeless if their accommodation is unreasonable to continue to occupy. If a property is fundamentally unaffordable it is unreasonable to continue to occupy. The Council said payments of DHP were relevant to this consideration. It noted a housing officer was considering whether to accept a homeless duty in May 2023 and may have accepted a relief duty if they had not left the Council.
63. In addition, the Council was not persuaded the repair issues should have rendered Property 1 unreasonable to continue to occupy. But as Miss X opted to remain in the property, they were important. The Council noted Miss X had reported issues to her landlord numerous times since 2021, but said the Council was not aware of problems with the hot water until February 2024. The issue was then remedied by May 2024, by which time the Council had made two offers of alternative housing.
64. The Council did not uphold Miss X's complaint but acknowledged there were issues it might have helped with more. It said there had been some lack of clarity about its work which would have been frustrating. This was due to officers dealing with very high caseloads.
65. Miss X was not satisfied with the Council's response and asked for her complaint to be escalated to stage 2 of the Council's complaint procedure. The Council reviewed Miss X's complaint and responded on 10 January 2025. It did not uphold Miss X's complaint.
66. As Miss X remains dissatisfied she has asked the Ombudsman to investigate her concerns. In response to my enquiries the Council says that between April 2023 and January 2024 its tenancy sustainment team provided support. It says the Council did not owe a duty as the s21 notice was not valid. Although it did not owe a duty, the Council says it provided the same support it would have if it had accepted a prevention duty.
67. In relation to the hot water and drainage issues the Council says the first contact was April 2024 and the private sector housing team arranged an inspection. The inspection identified a statutory nuisance and the Council served an abatement notice. The Council says it kept in regular communication with Miss X and she was updated at each stage.
68. The Council was satisfied the landlord had taken appropriate steps to resolve the statutory nuisance. It acknowledged Miss X’s concerns about the water quality remained unresolved. This was due to testing arrangements between the water company and Miss X as tenant. The Council says no further formal action was required.
69. The Council has also confirmed that Miss X currently has 280 points on the housing register. It has provided detail of all the bids Miss X has placed between April 2023 and November 2024. This show that Miss X’s points have ranged from 90 to a maximum of 330 during this period. All of these properties were offered to applicants with significantly higher points than Miss X or under local letting plans which Miss X did not meet the criteria for.
70. Since Miss X complained to the Ombudsman, Property 1 has been taken into receivership. She has re-approached the Council regarding this change in her circumstances, but this does not form part of my complaint.

Analysis

71. It is clear from the documentation that there have been delays and errors in the way the Council has dealt with Miss X’s homelessness application.
72. At several points throughout 2023 the records show managers noted officers should have taken a homelessness application and accepted a prevention duty. But this did not happen for almost a year.
73. Although it is not necessary to complete a specific form, the Council asked Miss X to complete a homelessness application in January 2024. It then accepted a prevention duty 2 days later.
74. The delay in accepting a homeless application and a duty to assist Miss X is fault.
75. I also consider the Council was at fault in accepting a prevention duty, rather than a relief duty. The Council accepted a prevention duty as it considered Miss X was threatened with homelessness rather than homeless. This appears to be based on her landlord’s service of a valid s 21 notice.
76. However, the law says that 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. This includes where the property is unaffordable. The records show the Council was aware Miss X could not afford the rent for Property 1 and was reliant on repeated DHP to make up the shortfall.
77. DHPS are intended to be a short term solution to give people time to find more permanent solutions to their housing cost problems. They are also at the Council’s discretion and Miss X does not have a statutory right to a payment. Miss X’s reliance on DHPs since 2022 clearly shows the property is not affordable.
78. Based on the information available I consider the Council should have accepted a relief rather than a prevention duty and should have done so much earlier.
79. I also consider there to be fault in the way the Council responded to Miss X’s concerns about sewage and the water supply at Property 1. The records suggest the Council intended to refer Miss X’s concerns to the environmental health team in April 2023. But there is no evidence of any contact between services until February 2024.
80. There is also a lack of consistency regarding when the Council was aware of the lack of hot water at Property 1. Miss X clearly referred to the issue in her formal complaint in January 2024. However the Council’s stage 2 response says it was not aware until February 2024 and the response to my enquiries says it only became aware in April 2024.
81. I recognise that since the inspection in early May 2024 the Council has taken appropriate action to address the lack hot water and Miss X’s concerns about sewage and water quality. But I consider this action could have been taken earlier.
82. In addition, the delays in responding to Miss X’s complaint was fault. The Council’s complaints policy says it will respond at stage 1 within 10 working days, and at stage 2 within 20 working days. In this instance Miss X complained on 23 January 2024 and the Council responded, following our intervention on 20 August 2024, 150 working days later. There was then a further delay in responding at stage 2. We expect the Council to respond to complaints in line with its policy and the failure to do so is fault.
83. Having identified fault I must consider whether this has caused Miss X a significant injustice.
84. Miss X experienced frustration, distress and uncertainty as a results of the errors and delays the homelessness process, but I am not persuaded the outcome would have been different but for these errors. It is clear Miss X does not want to move out of Camden or move to a privately rented property. Miss X has rejected the offer of a private rental property in Camden as she only wants social housing.
85. Irrespective of any fault by the Council, it would not have offered Miss X social housing to resolve her homelessness. The Council does not discharge its homeless duties using social housing.
86. Miss X benefitted from the Council’s decision to accept a prevention duty as this gave her 200 point on the housing register. It is unfortunate that even with these points Miss X was unable to successfully bid for a social housing property.
87. Miss X also experienced frustration and distress as a result of the delays in responding to her concerns about a lack of hot water and sewage backflow. The delay also meant Miss X was without hot water for longer than she otherwise would have been.
88. The delays in the complaint process will have exacerbated Miss X’s frustration and distress. She has also been put to unnecessary time and trouble.
89. I consider the Council should make a symbolic payment to recognise the injustice caused to Miss X.
90. We have recently made service improvements recommendations for training and guidance for officers on the difference between prevention and relief duties and the need to accept and end these at the right time. I do not therefore intend to make further service improvement recommendations in this case.

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Action

91. The Council has agreed to:
• Apologise to Miss X for the frustration, distress and uncertainty she experienced as a result of the faults identified. 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.
• Pay Miss X £500 to recognise the frustration, distress and uncertainty she experienced as a result of the faults identified.
92. The Council should take this action within one month of the final decision on this complaint and provide us with evidence it has complied with the above actions.

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Decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman