Summary: Ms B complained about the Council’s response when she approached them as homeless because she was at risk of domestic abuse. We found fault with the Council. The Council agreed actions to remedy the injustice to Ms B.

The complaint

1. Ms B complained about the way the Council responded when she approached them for help with housing because she was at risk of domestic abuse. She complained the Council:
• failed to support her;
• failed to respond to her calls and emails; and
• delayed responding to her complaints.
2. She said this meant she had to leave the area where she had a support network. This caused her distress and seriously affected her mental health and wellbeing.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.
5. If we are satisfied with a council’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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How I considered this complaint

6. I spoke to Ms B and considered the information she provided. I made enquiries with the Council and considered its response along with relevant law and guidance.
7. Ms B and the Council had the opportunity to comment on my draft decision. I carefully considered the comments I received before making my final decision.

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What I found

Law and guidance

8. If someone is homeless, or threatened with homelessness within 56 days, they can seek help from the council.
9. Where the person is threatened with homelessness, the prevention duty may apply.
10. Where the person is actually homeless, the relief duty may apply. This will usually apply if the person is:
• homeless; and
• eligible for assistance (basically, entitled to assistance from the state)
11. The council will need to carry out an assessment and work with the person to develop a personalised housing plan (PHP).
12. If a housing council has “reason to believe” a person may be:
• homeless;
• eligible; and
• in priority need.

then it must provide interim accommodation for them.

13. A person may be in priority need if they are:
• pregnant or have dependent children;
• a victim of domestic abuse (In force from 5 July 2021 - see note* below for the position before that date);
• aged 16 or 17;
• former care leavers aged 18 to 20; or
• vulnerable, for example, for medical reasons.
14. Before 5 July 2021, being a victim of domestic violence was not, in itself, sufficient: the person also had to demonstrate they were vulnerable to be considered in priority need.
15. A council must put all key decisions in writing and give reasons for negative decisions. In most cases, there is a right to ask for a review of the decision.
16. Where a council is satisfied that an applicant is homeless (rather than just threatened with homelessness) and eligible for assistance, it is subject to a duty (unless they make a local connection referral) to take reasonable steps to help the applicant secure accommodation that will be available for at least six months. This is the relief duty. This duty:
• arises regardless of whether the applicant may be in priority need; and
• does not extend to the council actually having to secure accommodation (although it may choose to do so).
17. A council may give notice to bring the relief duty to an end in the following circumstances:
• the applicant has suitable accommodation available that has a reasonable prospect of being available for at least six months;
• the applicant is no longer eligible for assistance;
• the applicant is deliberately and unreasonably failing to co-operate with the local authority.
18. Any decision that the duty has come to an end must be notified in writing giving the reasons why it has ended and notifying the applicant of their right to request a review of that decision.

What happened

19. What follows is a brief chronology of key information. It does not contain everything I reviewed during my investigation.
20. In September 2019 Ms B approached the Council as homeless because she was fleeing domestic abuse with her children. Ms B was supported by a charity that helped her move to temporary accommodation.
21. Ms B emailed the Council in October 2019.
22. The Council called Ms B in February and April 2020. It closed the case because Ms B did not answer or return the calls.
23. Ms B emailed the Council again in September and December 2020. She asked for an update and told the Council it was difficult for her to stay in her temporary accommodation because she did not have any local connections or support. She also said she was trying to find privately rented accommodation, but it was too expensive.
24. In January 2021 Ms B complained to the Council. She said it failed to support her when she became homeless. The Council did not uphold her complaint. It said it closed the case because she did not engage with Council and failed to respond when it called her.
25. Ms B was unhappy with the Council’s response and complained to the Ombudsman.

My findings

26. I found fault with the Council for the way it responded when Ms B became homeless.
27. The Council said it closed Ms B’s case because she failed to maintain contact. But in its complaint response it accepted Ms B contacted the Council and it failed to respond.
28. The Council said it attempted to contact Ms B by phone in February and April 2020 but she did not answer or return the calls. The Council closed the case as a result. The Councils complaint investigation found Ms B emailed the Council in October 2019, September and December 2020 and did not receive a reply.
29. The Council wrote to Ms B in April 2020 when it closed the case. The letter told Ms B about her right to request a review of its decision. I am not clear whether the Council knew where Ms B was living at the time it closed her case. It said it sent a copy of the letter to her email address but there is no record of that on the system.
30. On balance I do not think Ms B was aware the Council closed her case in April 2020 and was therefore not aware of her right to request a review of the decision. Ms B lost the opportunity to have the decision reviewed. This was fault. The Council disagrees with my view on this part of the complaint but accepts it was unclear whether Ms B knew her homeless application had been closed.
31. The Council completed a PHP and HRA assessment with Ms B in September 2019. In this assessment it recorded the following concerns:
• Ms B said she was not safe in the house due to (her) husband being released from prison
• stalking and tendency to break into property
• her husband made threats to Ms B from prison
32. Ms B’s support worker provided a supporting letter to the Council which gave more detail about the risk to Ms B from her husband. The Council told Ms B it would speak to the support worker. There was no evidence it did this. This is fault.
33. Part of Ms B’s complaint was about the housing officer’s comments during her appointment in September 2019. In its stage two response the Council said:

“she also advised you that as there was no abuse taking place in your home, there was no direct risk of domestic violence in your home”.

34. I asked the Council to explain this statement. It said:

“Whilst making the assessment, the case officer established that there was no current risk at the accommodation, domestic abuse was been historic. The case officer carried out a full assessment and PHP”.

35. In response to my enquires the Council said it did not carry out a risk assessment because it did not house Ms B in interim accommodation under section 188.
36. The Housing Act 1996 sets out a Council’s duty to vulnerable victims of domestic abuse.
37. Section 177(1) of the Housing Act 1996 says it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence.
38. Domestic violence is violence from a person who is associated with the victim and also includes threats of violence which are likely to be carried out. Domestic violence is not confined to instances within the home but extends to violence outside the home.
39. I am concerned by the Council’s comments to Ms B during her appointment. I am also concerned these comments were repeated in the stage two response and the Council’s response to my enquiries. The Council also referred to the domestic abuse as ‘historic’ without taking into account the perpetrator had been in prison.
40. I found fault with the Council for failing to properly assess and understand the potential risk of domestic abuse to Ms B and her children.

Injustice

41. I carefully considered the injustice caused to Ms B from the faults I identified. I also took into account the affect Ms B’s own actions had on the situation. There were periods of time Ms B did not contact the Council and information she did not provide with her application.
42. The Council accepted its duty to Ms B in September 2019. This does not mean it would have housed her. Ms B was supported to find housing by a support agency. Ms B told the Council the accommodation was not suitable because of the location.
43. In its complaint response in June 2021 the Council told Ms B to reapply so it could carry out an up-to-date assessment. Ms B should have reapplied. I understand that she did not agree with the outcome but failing to reapply added further delay.
44. Because I am unable to say what would have happened without the fault, I can only say there was distress caused by uncertainty and missed opportunity.

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Agreed action

45. Within one month of my final decision the Council agrees to:
• Pay Ms B £300 in recognition of the distress it caused.
46. Within two months of my decision the Council agrees to:
• Provide the Ombudsman with a copy of the Council’s domestic abuse policy and procedure for domestic abuse homelessness applications/ assessment.
• Provide the Ombudsman with evidence of the housing officers domestic abuse training. Both the content and schedule.
47. The Council should provide the Ombudsman it has completed the agreed actions.

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Final decision

48. I found fault with the Council causing injustice.

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Investigator's decision on behalf of the Ombudsman