Summary: Miss X complains the Council failed to take a homelessness application and provide interim accommodation. The Council is at fault as it did not thoroughly consider Miss X’s housing situation when deciding she was not homeless which caused distress to her. The Council proposal to remedy this injustice by taking a homelessness application, providing interim accommodation, and making a payment of £500 to Miss X is a proportionate remedy.

The complaint

1. Miss X complains the Council failed to take a homelessness application and provide interim accommodation as it wrongly considered she was not homeless. Miss X says that as a result she incurred the costs of staying in a hotel with her children and was caused distress.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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

4. I have:

• considered the complaint and the information provided by Miss X;
• made enquiries of the Council and considered the information provided;
• invited Ms X and the Council to comment on the draft decision. I considered the comments received before making a final decision.

Back to top

What I found

Law and guidance

5. 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.
6. If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must take a homelessness application and make inquiries. The threshold for taking an application is low. The person does not have to complete a specific form or approach a particular council department. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5) 
7. It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or domestic abuse against them. (Housing Act 1996, section 175(3) and 177(1) and Homelessness Code of Guidance 21.18)
8. If a council has reason to believe an applicant may be homeless because of domestic abuse, it should secure interim accommodation for the applicant immediately whilst it makes inquiries. (Homelessness Code of Guidance 21.25)

What happened

9. The following is a summary of the key events relevant to my consideration of Miss X’s complaint. It does not include everything that happened.
10. Miss X and her children lived in another council area but moved to stay with a friend due to domestic abuse. She made a homelessness application to the Council. The Council refused to take Miss X’s homelessness application as it did not consider her to be homeless.
11. Miss X’s friend asked her to leave her property. Miss X has said she had to move into a hotel until another friend offered a room to her and her children.
12. Miss X’s representative made a complaint to the Council about its decision not to take a homelessness application from Miss X. In response the Council said:

• It had checked with the council in Miss X’s home area and found it had accepted the main homeless duty and had provided temporary accommodation to her.
• Miss X’s home council should not place her in unsuitable temporary accommodation due to domestic abuse or other reasons.
• The duty to make investigations did not arise as the Council had no reason to believe Miss X was homeless and there was no duty to issue a decision letter.

13. In response to my enquiries the Council has said that it should have taken a homelessness application from Miss X as she was fleeing domestic abuse. The Council has acknowledged it did not thoroughly consider Miss X’s housing situation and place sufficient weight on the difficulties she faced due to domestic abuse.
14. The Council has said it will now take a homeless application from Miss X and offer interim accommodation while it makes inquiries and makes a decision on what, if any, duty it owes to her. The Council will offer a payment of £500 to Miss X to acknowledge the distress caused. It will also remind officers they must consider all aspects of an applicant’s situation in its entirety when deciding if an approach meets the criteria for a homelessness application.

Analysis

15. As the Council has acknowledged, it is at fault for not thoroughly considering Miss X’s housing situation. This fault includes not placing sufficient weight on the fact Miss X was fleeing domestic abuse. These faults caused significant distress to Miss X. The question for me is whether the remedy proposed by the Council is appropriate and proportionate.
16. Where we find there is fault causing injustice to the person complaining, we will seek a remedy that puts the person affected back in the position they would have been in had the fault not occurred. The Council’s proposal to take a homelessness application and offer interim accommodation to Miss X while it makes inquiries is appropriate as it puts Miss X back in the position she would have been in. I also consider the proposed payment of £500 to acknowledge the distress caused to Miss X is proportionate and in line with our guidance on remedies. The Council should also apologise to Miss X for the distress caused.
17. Miss X stayed in a hotel for a period of time when the Council refused to take a homelessness application. However, Miss X will have had to pay rent for interim accommodation if the Council had accepted her homeless application so she would have always incurred costs. So, I do not consider it is proportionate to recommend the Council pays the hotel costs.
18. The Council will remind officers that they must consider all aspects of an applicant’s housing situation when deciding if they may be homeless. The Council should ensure this reminder includes the provisions in Chapter 21 of the Homelessness Code of Guidance regarding people at risk of domestic abuse.

Back to top

Agreed action

19. That the Council will:
1. accept a homelessness application from Miss X and provide interim accommodation while it completes its inquiries and makes a decision on whether it owes a duty to Miss X.
2. send a written apology and makes a payment of £500 to Miss X to acknowledge the distress caused to her.
3. by training or other means, remind officers that they must consider all aspects of an applicant’s housing situation and the provisions of chapter 21 of the Homelessness Code of Guidance when considering if a person may be homeless.
20. The Council should take this action within one month of my final decision. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

21. Fault by the Council causing injustice to Miss X.

Back to top

Investigator's decision on behalf of the Ombudsman