Summary: Mr X complained about the Council’s lack of support when he became homeless. The Council was at fault for failing to review its decision to end its housing duty and for poor record keeping in relation to the storage and collection of his belongings. The Council will apologise and pay him £100 for the distress and uncertainty in relation to the loss of his belongings and give guidance to staff.

The complaint

1. Mr X complained about several failures by the Council in the way it handled his case when he became homeless in June 2020 and again in July 2021. In particular, the Council failed to:
• carry out a review of its decision dated 22 June 2021 to end its housing duty, following his request on 8 July 2021 and his reminder emails on 21 and 22 July 2021;
• protect his belongings after it ended its licence to interim accommodation in July 2021; and
• respond to his complaint in a timely manner.

He said this has caused him distress and worry.

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What I have and have not investigated

2. We do not usually investigate complaints about matters more than 12 months before the complaint to us but have discretion to do so in appropriate circumstances. There were no good reasons to exercise discretion to investigate the complaint about Mr X’s eviction from a private rented property in June 2020, which he did not complain to us about until October 2022, and there was no evidence of fault by the Council.
3. This investigation only considered the events from June 2020 onwards, which was when Mr X approached the Council for assistance with his homelessness and was placed in interim accommodation.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. 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)
7. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
8. 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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How I considered this complaint

9. I have considered:
• the information Mr X provided and discussed the complaint with him on the telephone;
• the Council’s comments about the complaint and the supporting documents;
• relevant law and guidance; and
• our guidance on remedies, published on our website.
10. Mr X and the Council had the opportunity to comment on the draft decision. We considered their comments before making a final decision.

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What I found

Relevant law and guidance

Homelessness

11. The Housing Act 1996 (part 7) and the Homelessness Code of Guidance (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.

Relief duty

12. Where a council is satisfied a person is homeless and eligible for support, it has a duty to take reasonable steps to help the person secure accommodation that will be available for at least six months. This is the relief duty and it applies for 56 days. The council should set out the steps that it, and the person, will take in a personalised housing plan (PHP).

Interim accommodation

13. Where a council has reason to believe the person may be homeless, eligible for assistance and have a priority need, it will have a duty to provide interim accommodation for them if they request this. Applicants in priority need include:
• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or
• old age.

Belongings

14. Where a council owes or has owed certain housing duties to an applicant, it must protect the applicant’s personal property if there is a risk it may be lost or damaged. A council may make a reasonable charge for storage and reserve the right to dispose of the property if it loses contact with the applicant. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)

Homelessness reviews

15. Key homeless decisions carry a right of review within 21 days of being notified of the decision. (Housing Act 1996, section 202)

COVID-19 funding

16. In June 2020, the Government announced additional funding to enable councils to support the nearly 15,000 people placed in emergency accommodation, to ensure they continued to have a safe place to stay and were helped into longer-term accommodation. Funding was available for short-term accommodation until 31 March 2021.

Council complaints procedure

17. The Council has a two stage complaints procedure. This says that the Council’s stage one response will be sent within ten working days of its acknowledgement of the complaint.
18. If the complainant remains dissatisfied, they can ask the Council to review the complaint at the second/final stage of the complaints procedure. The procedure says the Council will acknowledge a request for a final review within five working days, and will send the final complaint response within 30 working days of the acknowledgement. This final response will say if a complaint has been upheld, partially upheld, or not upheld.
19. The procedure lists the Council’s aims and objectives, which include “ensuring that complaints are addressed and responded to in a timely manner”.

What happened

20. In early June 2020 Mr X told the Council he was homeless. The same day the Council undertook an initial assessment of Mr X’s circumstances. The Council wrote to Mr X and said:
• it had reason to believe he was homeless and eligible but not in priority need;
• people not in priority need were not usually provided with interim accommodation but it would exercise its discretion and provide him with accommodation because of the COVID-19 pandemic;
• it would provide emergency accommodation from mid-June 2020 until further notice;
• there was no right of review if he refused the interim accommodation; and
• the Council would work with him to find longer term accommodation when safer to do so.
21. The next day the Council offered Mr X interim accommodation under the ‘Everyone In’ initiative (see paragraph 16 above). Mr X signed to say he had read and understood the terms of the licence for the interim accommodation and would comply with its terms.
22. One of the terms of the licence agreement said ‘The Council is not responsible for any valuables or belongings you take into the accommodation. You should make your own arrangements for adequate insurance cover’.
23. The next day the Council undertook an assessment interview with Mr X. The Council discussed with Mr X the duty owed and the steps to help Mr X secure suitable accommodation which had a “reasonable prospect” of being available for him to occupy for at least six months.
24. In late August 2020 the Council completed Mr X’s personalised housing plan (PHP). The Council advised Mr X of the relief duty owed. The Council advised Mr X his case would be referred to the home finders team for assistance with private sector renting and made a referral to the single homeless prevention service (SHPS). In late October 2020 the Council provided Mr X with a list of available private rented properties. Between the end of October 2020 and early January 2021 the Council arranged for Mr X to view three private rented properties.
25. Mr X lived in the interim accommodation provided by the Council between June 2020 and July 2021.
26. In late June 2021 the Council decided to end the relief duty and wrote to Mr X to confirm its decision. It said:
• Mr X was not in priority need;
• it had fulfilled its Equality Act 2010 duty;
• as a result of the Council decision, Mr X would need to leave his temporary accommodation in mid-July 2021; and
• Mr X had the right to request a review of its decision within 21 days in writing.
27. In early July 2021 Mr X emailed the Council requesting a review of the Council’s decision to end its duty. He said:
• Council officers put pressure on him to leave his interim accommodation;
• Council officers provided him with links to private rented properties which meant he had to break government COVID-19 rules to view the properties; and
• a long term illness meant landlords refused to offer him tenancy agreements because of his low income and the Council would not sign the tenancy agreement on his behalf.
28. In late July 2021 Mr X sent the Council two reminder emails about his review request.
29. Also, in late July 2021 Mr X said the Council changed the locks on his interim accommodation, which prevented him from accessing his accommodation or collecting his belongings. The same day a Council officer emailed Mr X and told him he had a change of caseworker. The Council officer said his new caseworker would ring Mr X later the same day to discuss his housing situation. I have not seen a record to confirm this.
30. Two days later Mr X made multiple telephone calls and emails to the Council. He said he felt unwell and could not get his medication from his interim accommodation. Council records did not show it gave Mr X advice about how to obtain his belongings but a relative collected his medication and some other items.
31. In late September 2021 Mr X asked the Council to contact him about collecting his belongings from the interim accommodation. Mr X said he had locked his belongings in a cloakroom to prevent them from being stolen and did not want them moved.
32. The same day the Council rang the third party management company that provided Mr X’s interim accommodation. The third party management company explained:
• it held Mr X’s belongings for one month and then it disposed of them;
• Mr X was aware of the one month timescale because he telephoned it multiple times after he left the interim accommodation;
• a family member collected Mr X’s ‘medication and a carrier bag worth of things’ a week after Mr X left the accommodation.
33. The same day the Council rang Mr X and explained what the third party management company had told it.
34. Also in late September 2021, Mr X contacted his local MP to help him recover his belongings from his interim accommodation.
35. In early November 2021 the Council wrote a letter to the local MP about Mr X’s complaint it said:
• Mr X approached the Council in early June 2020 about his housing circumstances;
• the Council accommodated Mr X in interim accommodation under the national ‘Everyone In’ initiative because he was not in priority need;
• the Council notified Mr X of the relief duty owed in late August 2020 and took reasonable steps to provide alternative accommodation;
• Mr X’s daughter, Ms Y, collected some belongings from Mr X’s interim accommodation and the third party management agent advised Mr X it would store the belongings for one month before disposing of them; and
• Mr X contacted the Council about his belongings in September 2021 but the Council had not had any contact about his belongings since.
36. In mid-December 2021 Mr X made a formal complaint to the Council he said:
• he was made homeless in July 2021 when the Council evicted him from his interim accommodation, the third party management company working on behalf of the Council had his belongings and the Council did not take action to recover his belongings;
• the Council failed to consider his request for a review and his two reminder emails;
• Council officers broke into his interim accommodation, evicted him from it and did not provide alternative accommodation or financial support, the only support received from the Council was links to property agents;
• he felt neglected, ignored and abandoned by the Council; and
• Council officers intimidated and discriminated against him in the way they evicted him.
37. In late January 2022 the Council sent Mr X it’s stage 1 complaint response, it said:
• in June 2020 the Council provided Mr X with discretionary interim accommodation so he had suitable accommodation during the COVID-19 pandemic, in line with government guidance;
• the Council notified Mr X of his relief duty and took steps to assist Mr X with finding alternative longer-term accommodation. It made Mr X aware it would be ending the interim accommodation and informed him of his rights to review but he did not ask for a review; and
• the third party management company that provided the interim accommodation on behalf of the Council gave Mr X one month to collect his belongings. Mr X collected some of his belongings. Although Mr X contacted the Council again in September 2021 about his belongings, he was not in touch after that and the remaining belongings were disposed of one month after Mr X left the interim accommodation.
38. In mid April 2022 Mr X responded to the stage 1 response he said:
• he had not responded earlier because of a health issue;
• the third party management company had taken his belongings illegally, he did not have access to his belongings and there was a conflict of interest between the Council and the third party management company; and
• Council staff were dishonest and unfair when he was told he had not submitted an appeal or reminders of the appeal.
39. The Council acknowledged Mr X’s stage 1 response six days later and passed it to the relevant service area.
40. In early May 2022 Mr X’s daughter Ms Y made a stage 2 complaint to the Council, she stated the issues Mr X made in the stage 1 complaint.
41. In mid-July 2022 the Council sent its final complaint response to Mr X, it explained:
• the Council had provided him with discretionary interim accommodation in line with COVID-19 government guidelines;
• the licence agreement explained his terms and conditions for the interim accommodation and he had agreed to them;
• the Council assisted him with a PHP and finding alternative accommodation;
• in late June 2021 the Council notified him of its decision to end the relief duty, end his interim accommodation and gave him information on his right to request a review;
• it did not receive a review letter;
• Council officers did not act poorly towards him when assisting him with his housing situation; and
• if he remained dissatisfied he should contact the Ombudsman.
42. Mr X remained unhappy and complained to us. He said that, as a result of the Council’s failure, he had lost:
• a computer and USB storage including copies of a book he had written;
• family photo albums;
• personal data information;
• government documents;
• academic certificates, achievements, appreciation and certificates of rewards; and
• workplace achievements and awards.

Response to enquiries

43. In response to my enquiries the Council explained:
• the third party management company responsible for Mr X’s interim accommodation said his belongings would be stored for a period of one month (28 days) and Mr X was aware of this timescale because of multiple telephone calls between Mr X and the third party management company two weeks after Mr X left his interim accommodation;
• it made reasonable enquiries on behalf of Mr X to prevent loss of his belongings when Mr X contacted it at the end of September 2021. The enquiries indicated Mr X was in touch with the third party management company and Ms Y collected some items of property but not all before the month expired; and
• if it had been notified earlier Mr X had a problem collecting his belongings it would have supported him in collecting them.

My findings

Relief duty

44. The Council confirmed its decision that he was not in priority need in writing to Mr X in June 2020 but housed him in emergency accommodation because of the COVID-19 ‘Everyone In’ initiative. This was appropriate and was in line with Government guidance at the time.
45. In late June 2021 the Council ended the relief duty as the ‘Everyone In’ initiative had ended and confirmed its decision in writing. It said Mr X was not in priority need and therefore it did not owe him a main housing duty. It explained he could ask for a review of its decision that he was not in priority need if he disagreed with it. The Council was not at fault.
46. As a result of its decision, Mr X was required to vacate the interim accommodation. He was asked to leave by mid July 2021.

Review

47. Mr X asked the Council to review its decision to end its duty on the grounds he was not in priority need. He sent two further reminders but the Council did not acknowledge his request or carry out a review. This was fault. Although this caused Mr X some uncertainty, he was not caused a significant injustice because he told me he agreed he was not in priority need. On this basis, I decided not to ask the Council to carry out a late review of its decision.

Belongings

48. The law says councils must protect a homeless person’s property if they cannot secure it themselves. This is a continuing duty. Initially, the Council did not need to arrange storage because Mr X took his belongings with him to his interim accommodation. His licence said he was responsible for arranging insurance whilst he lived there.
49. Mr X contacted the Council two days after he left the interim accommodation and said he could not get his medicine, although I understand his daughter, Ms Y, later collected this. I have seen no record to show the Council gave Mr X any advice about storage or collection of his belongings when it told him he needed to leave the interim accommodation or when he left it. Nor have I seen any record to show the advice given by the third party management company in that period, although the Council said a third party management company told Mr X it would store his belongings for 28 days. Mr X said he was not told his belongings would only be stored for one month. Because no records were kept I cannot confirm what was said to Mr X about the storage and collection of his belongings. So I cannot, even on the balance of probabilities, make a finding on this. However, the failure to keep records of the advice given was fault.
50. In September 2021 Mr X contacted the Council about collecting his belongings. The Council contacted the third party management company, which said Mr X’s belongings had been disposed of. It has no record to confirm when it disposed of the belongings nor what those belongings comprised of.
51. Since the third party management company was providing the accommodation on behalf of the Council, we hold the Council responsible for the lack of record keeping, which was fault.

Threats and Discrimination

52. Having reviewed extensive records, I have not found evidence of discrimination or threatening behaviour by the Council towards Mr X when it evicted him from his interim accommodation.

Delay in complaint response

53. There was no fault with the response to the MP or the stage 1 complaint. The Council did not send a stage 2 response until mid-July 2022. This was sent a month late and was fault. This delay will have caused Mr X frustration.

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Agreed action

54. Within one month of the final decision the Council will apologise to Mr X for:
• not carrying out a review of its decision that he was not in priority need;
• its delay in sending its stage 2 response; and
• poor record keeping in relation to the advice given about storage and collection of belongings, and their later disposal, causing uncertainty to Mr X.
55. Within one month of the final decision the Council will pay Mr X £100 for the distress and uncertainty caused by the record-keeping failures in relation to the storage and collection of his belongings.
56. Within three months of the final decision the Council will:
• remind relevant staff about the need to keep a record of advice given about the storage of belongings and arrangements for collection, the items stored and the date of disposal; and
• remind staff about the duty to carry out a review when one is requested.

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Final decision

57. I have completed my investigation finding fault causing personal injustice. The Council has agreed to take action to remedy the injustice caused and prevent recurrence of the fault.

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Investigator's decision on behalf of the Ombudsman