Summary: There was fault in the way the Council decided that Miss B did not qualify to join its housing register. This delayed Miss B moving to permanent accommodation. The Council has agreed to make a payment to Miss B and to take action to prevent similar failings in future.

The complaint

1. Miss B complains that the Council failed to take appropriate action when she was a victim of crime while living in temporary accommodation in December 2021. In particular, she complains that the Council:
• Made her return to the temporary accommodation, despite receiving information from the police about the risks of doing so.
• Failed to increase her housing priority when evidence was provided to show she had an exceptional need to move.
• Wrongly charged her rent for emergency accommodation.
2. Miss B also complains that she was unable to move into a property she was offered in December 2022 because the Council had not carried out necessary repairs. She says that as a result of the Council’s failings, she had to live in accommodation where she did not feel safe.

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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 provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, 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. I have not investigated Miss B’s complaint about the time it took to carry out repairs to a property she was due to move into in December 2022. As explained in paragraph five, we cannot investigate complaints about the management of social housing. Miss B may wish to complain to the Housing Ombudsman about this.

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How I considered this complaint

8. I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• made enquiries of the Council and considered the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision.

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What I found

Homelessness legislation

9. If a council is satisfied someone is eligible, homeless, in priority need and unintentionally homeless, it will owe them the main housing duty. (Housing Act 1996, section 193)
10. Under the main housing duty, housing authorities must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Homelessness Code of Guidance 17)

The Council’s housing allocations scheme

11. The scheme applicable at the time of this complaint placed applicants in a priority band from Band 1 (highest priority) to Band 4 (lowest priority). It awarded Band 2 to homeless applicants and Band 1 to applicants who had an exceptional need, such as where the applicant was at risk of extreme violence or harassment. To qualify for this award, the Council required verification from the police, which was usually by way of a ‘tier one’ form.

Background and key events

12. The Council placed Miss B in temporary accommodation when she was homeless. It was a one-bedroom flat.
13. In December 2021, Miss B contacted the police to report criminal damage to her car and front door. She told the police about anti-social behaviour she had experienced from one of her neighbours previously, and said she believed he was responsible for the criminal damage.
14. Miss B then contacted the Council. She said she was being harassed and stalked by a neighbour. The Council agreed to place Miss B in emergency accommodation while it investigated her complaint.
15. Around a week later, the police told the Council that it did not consider there was any immediate threat or risk to Miss B and a ‘tier one’ move could not be supported.
16. Miss B then told the Council that there had been other incidents which the police were still investigating.
17. The police contacted the Council on 26 January and confirmed that they had completed their investigation but had not been able to identify the perpetrator.
18. After Miss B spoke to a police officer about her fear of returning to the flat, the officer completed a tier one referral. It was sent to Miss B’s housing officer on 3 March.
19. Miss B had applied to join the Council’s housing register in February 2022. The application was assessed in April and it was decided that Miss B did not qualify to join the housing register. The assessing officer did not know that Miss B was a homeless applicant or that the police had completed a tier one referral.
20. Miss B returned to the flat in May. She says both her housing officer and an officer from the temporary accommodation team told her that she had to return.
21. In June, the Council decided to close Miss B’s anti-social behaviour complaint about her neighbour. Miss B disagreed with the Council’s decision. She said she was sofa surfing because she did not feel safe in the flat.
22. Miss B contacted the Council again about her housing application. She said that she was living in temporary accommodation and that a tier one referral had been completed. The Council then carried out a review of its decision that Miss B did not qualify to join the housing register. The Council decided that Miss B qualified for a Band 2 homeless award. It did not consider the tier one referral because it had not been attached to her case.
23. Miss B complained via her councillor that she had incurred rent arrears because the Council had not processed her claim for housing benefit for the emergency accommodation. She was concerned that the rent arrears would prevent her from being offered a property.
24. The Council told Miss B’s councillor that it could not complete Miss B’s application for housing benefit for the emergency accommodation because it had not received an admissions form from the accommodation provider. The Council requested a copy of the form in July and again in August.
25. In September, Miss B contacted the accommodation provider herself and obtained a copy of the admissions form. The Council then processed Miss B’s housing benefit claim and the rent arrears were cleared.
26. The Council assessed Miss B’s housing application again in August. The assessing officer noted that Miss B had said the police had completed a tier one referral and he requested a copy of it from her housing officer.
27. Miss B’s housing officer sent a copy of the tier one form to the assessing officer. Miss B was then awarded Band 1, backdated to 29 March 2022.
28. Miss B started bidding on properties in November. She was offered a bungalow that month. However, on the day she was due to move in, a pipe burst causing extensive damage and she had to return to the flat.
29. The Council says it had to wait until all rooms were sufficiently dried out before it could commence the remedial repairs. It says it completed the replaster of the bedroom ceiling by 31 January 2023 and it renewed the kitchen and bathroom by 13 April.
30. Miss B moved into the bungalow on 22 May 2023.

Analysis

31. The Council was wrong to decide in April 2022 that Miss B did not qualify to join the housing register. It failed to recognise that Miss B was a homeless applicant living in temporary accommodation which meant she qualified for a Band 2 award.
32. The Council had also received the tier one referral form in March 2022 but it was not attached to her case until September. This was fault. If the Council had properly assessed the form in March, as it should have done, it would have awarded Band 1 then, and it is likely that Miss B would have quickly been offered permanent accommodation.
33. There was some delay processing Miss B’s housing benefit claim because the Council had difficulty obtaining a copy of the admissions form from the accommodation provider. Once it received it, the claim was processed and the rent arrears were cleared. These arrears did not prevent Miss B from joining the housing register. I do not consider further investigation of this matter can be justified as it is unlikely to find evidence of fault and I do not consider it caused Miss B significant injustice.
34. Miss B says that the Council made her return to the flat in May 2022, despite it not being safe for her to do so. Based on the evidence I have seen, I consider it likely that Miss B was told that if she did not want to return to the flat, she would need to give up the tenancy, and that Miss B then chose to return. I have found no evidence of fault here.
35. The Council tried to investigate Miss B’s complaints about anti-social behaviour but it was unable to identify who the perpetrator was, or find any witnesses to support Miss B’s claims. I have found no evidence of fault in the way the Council decided to close Miss B’s anti-social behaviour complaint.

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Agreed action

36. Within four weeks, the Council will take the following actions:
• Make a payment of £700 to Miss B. This is to recognise that Miss B would likely have been offered permanent accommodation seven months sooner if there had been no fault by the Council.
• Make a payment of £250 to Miss B. This is to recognise the distress and inconvenience caused by the failings identified in this complaint.
37. Within eight weeks, the Council will review the way it records information to ensure it is clear to officers assessing housing applications that the applicant is owed a duty under part 7 of the Housing Act.
38. The Council says it has provided further training to the housing officer on how to deal with tier one forms. I do not consider any further service improvements are necessary.
39. The Council should provide us with evidence it has complied with the above actions.

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Final decision

40. I have completed my investigation and uphold Miss B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman