Summary: Mr X complained the Council’s failure to deal with his homelessness application and to provide temporary accommodation has resulted in him sleeping in his car and being separated from his children for over a year. The Council’s delays in accepting and considering a homelessness application, and the failings in its communication with Mr X are fault. These faults have caused Mr X an injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X complained about the way the Council has dealt with his homelessness application and its failure to provide temporary accommodation or support in finding housing for himself and his family. As a result Mr X has been sleeping in his car and separated from his children for over a year.

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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)

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint information provided by Mr X’s son;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Mr X’s son;
• Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Homelessness

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 enquiries to establish if the council has a duty to assist them.
7. If a council is satisfied someone is homeless and eligible for assistance it must take reasonable steps to secure accommodation for them. This is known as the council’s relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
8. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for them. I will refer to this as the main housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

What happened here

9. Mr X lived with his four children in private rented accommodation. In the summer of 2021, while Mr X was abroad, his landlord change the locks on the property and let it to someone else. Mr X’s daughter went to stay with her grandmother and he and his three sons initially stayed with his sister.
10. In June 2022 Mr X approached the Council as homeless as he could no longer stay with his sister. The Council’s records say it attempted to contact Mr X’s sister in July 2022 but did not receive a response. There is no record of attempts to contact Mr X.
11. Mr X’s son contacted the Council chasing a response on 18 July 2022. He asked for a call back as he would translate for his father. There is no record of a call back. The next entry is a note on 3 August 2022 of Mr X’s homelessness application. There is no record of any action by the Council.
12. On 22 September 2022 an advice service contacted the Council on Mr X’s behalf. They told the Council Mr X was now sleeping in his car and that his children were staying with numerous family members. They asked the Council to contact Mr X as he had been waiting for a call from the Council for some time. As Mr X did not hear from the Council, the advice service contacted the Council again on 14 October 2022. They told the Council Mr X and one of his children were sleeping in his car and his other children were with family members. The advice service also asked the Council to assist Mr X with his housing register account.
13. The Council attempted to contact Mr X by telephone that day and sent him an email asking for details of his current situation. The officer also asked for details of Mr X and his family’s medical conditions and when his sister had asked Mr X to leave.
14. Mr X told the Council he had been sleeping in his car for three months and that his 16 year old son sometimes slept in the car with him. He said he had been removed from the housing register and could not rejoin and could not rent a property privately as he received Universal Credit.
15. The Council responded asking to book Mr X in for a telephone homelessness assessment. It asked Mr X to provide his sister’s name and telephone number, and to confirm whether he was working or claiming benefits, whether his children were still at school, and whether his landlord had evicted him or just changed the locks. The Council also asked Mr X to confirm where he parked his car so the outreach team could contact him.
16. Mr X confirmed his son was in education and that he was sleeping in a friend’s car which was parked where he used to live. He also reiterated he received Universal Credit and was sick. Mr X provided his sister’s telephone number and asked the Council to reinstate him on the housing register.
17. He contacted the again Council on 8 November 2022. Mr X said he had been living in Liverpool since 2012 and had permanent citizenship status. He confirmed the landlord had changed the locks on the property and disposed of his possessions. Mr X now lived on the street and slept in his car. Occasionally a friend would let him spend the night with them. Mr X’s eldest son also slept in the car with him. Mr X said he took medication for depression and pain in his back and legs and that his eldest son now also had health problems.
18. There is no record of any further action until 9 February 2023 when the Council closed the case. The notes say the case was closed automatically as it had been in an incomplete state for over three months.
19. A new homeless application was logged on 7 March 2023. On 21 March 2023 a homeless charity contacted the Council on Mr X’s behalf. It considered Mr X was eligible for assistance; homeless or threatened with homelessness; in priority need and unintentionally homeless. It asserted the Council had a duty to make enquiries to satisfy itself what duty it owned Mr X and to provide interim accommodation.
20. The Council’s record says its outreach service attempted to locate Mr X on 21 March 2023 but he was not parked on the road where he said he had been sleeping. It noted Mr X needed to contact the Housing Options Service in core hours.
21. Mr X contacted the Council on 23 March 2023, with his son acting as an interpreter. He repeated that he was sleeping in his car and that his children had been staying with their aunt but she had advised they could not stay any longer. Mr X understood that as they were homeless the Council should place them in a hotel. The Council explained this would be considered but was not guaranteed. Mr X’s son said the Council never contacted Mr X and his medical condition was deteriorating from sleeping in his car for so long.
22. The Council’s records say it did not offer Mr X interim accommodation as his children were staying with his sister. It advised him to contact the Housing Options Service the next day.
23. The Council arranged a telephone assessment for 27 March 2023. Following this assessment the Council asked Mr X to provide proof of income and identity for the whole family, details of his medication/ medical conditions and proof of his immigration status. The Council advised Mr X that if it did not receive this information within the next 28 days it would assume he no longer required assistance and close his case. The Council sent this request to an incorrect email address.
24. Mr X asked for interim accommodation, but this was refused. The Council noted Mr X’s children were still staying with Mr X’s sister and that there was no evidence Mr X was sleeping in is car as the outreach service had not been able to locate him.
25. Mr X also asked the Council to increase his priority on the housing register. In order to locate his account the Council asked Mr X to provide his reference number; full name, date of birth and national insurance number; his address history; income details; and details of any health issues.
26. Mr X provided the information requested and the Council wrote to Mr X confirming his priority on the housing register on 4 April 2023.
27. Mr X chased the Council in April, May and June 2023 asking for a homelessness update and for accommodation for himself and his children. There is no record the Council responded to Mr X’s emails or calls or that it chased Mr X’s outstanding documents.
28. In early June 2023 Mr X made a formal complaint to the Council. He also asked the Ombudsman to investigate his complaint. We exercised discretion to consider Mr X’s complaint even though he had not completed the Council’s complaints process.
29. In response to my enquiries the Council says Mr X’s case was significantly affected by a number of factors relating to its ability to locate, make contact and communicate with Mr X. It says:
• Mr X cannot speak and potentially cannot read any English and relies on his sons and brother to communicate on his behalf. This means that even where communication is made verbally or written, without a third party in situ the results are poor and potentially unsafe to rely upon.
• Mr X has not given the Council his own email account but has asked the Council to use his son’s email account. Mr X’s son resides with his aunt so is apart from Mr X who lives in his car.
• Mr X lives in his car and there is reference to him moving in terms of location, either in his car or on occasion staying with friend. As such it has been difficult to physically locate Mr X.
• Mr X has not provided the information required to progress his homelessness application. Without this information the Council has been unable to progress his case.
30. The Council has confirmed that Mr X’s three sons are included in his homelessness application and are reasonably expected to live with him. The housing service has not made a referral to social services regarding the children’s homelessness as the children are known to be staying with relatives.
31. The Council does not consider there have been any delays in considering Mr X’s homeless application. It cannot consider the application until Mr X provides the key documentation.

Analysis

32. It is clear from the Council’s records that there were delays in accepting and considering a homeless application from Mr X. There were also failings in the Council’s communication with Mr X. These delays and failings amount to fault.
33. Mr X initially presented as homeless in June 2022 but there is no record the Council provided any support or advice at this time. Over the following few months Mr X’s sons and an advice service repeatedly contacted the Council to chase a response. The Council requested, and Mr X provided, information about his housing situation in October and November 2022. But there is no record of any further contact or request for information. The Council did not carry out an assessment, provide advice or take any other action before closing Mr X’s case in February 2023.
34. The Council was aware at this stage that Mr X was living in his car and that on occasions his 16 year old son also spent the night in the car with him. I recognise communication with Mr X was not straightforward but am not persuaded the Council took sufficient action to advise or support Mr X, or to ensure he understood what was required to progress his homelessness application.
35. The Council arranged a telephone assessment in March 2023 following further contact from Mr X and a homeless charity. It then requested the documentation needed to progress Mr X’s case. As this request was sent to an incorrect email address Mr X would not have received it and could not have responded.
36. The Council did not close Mr X’s case after 28 days as it had suggested it would, but nor did it respond to Mr X’s calls or emails. Had it done so, the error regarding the email address could have been identified and the necessary information correctly obtained.
37. When the Council contacted Mr X at the correct email address in relation to the housing register he responded with the required information. It is therefore likely that had Mr X received the email requesting documentation for his homeless application he would have responded and his case would have progressed.
38. The Council’s delays and communication failings have meant that Mr X has potentially had to live in his car, separated from his family for longer than he otherwise would have. I am unable to speculate on the outcome of Mr X’s homelessness application but it is clear that the Council’s failings have caused Mr X significant distress and uncertainty over an extended period.

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Agreed action

39. The Council has agreed to:
• apologise to Mr X for the delays and communication failings and the distress and difficulties this has caused him. In doing so the Council should have regard to our guidance on making an effective apology .
• pay Mr X £500 in recognition of the distress, uncertainty, and difficulties he has experienced as a result of the Council’s delays and poor communication.
• contact Mr X either via an interpreter or his sons to clearly explain what information/ documentation is need to progress his homelessness application;
• subject to Mr X providing the necessary information/ documentation, the Council should determine whether it owes Mr X a homeless duty without further delay.
• Should the Council determine it owes Mr X a homeless duty and provide accommodation it should consider an additional remedy to reflect the impact living in his car separated from his children for over a year has had on Mr X. Any remedy should be in line with our guidance on remedies. This recommends that where a complainant has been deprived of suitable accommodation financial redress would be in the range of £150 to £350 per month. Where a complainant has had no option but to sleep rough due to fault by the Council we are likely to recommend financial redress at the top end of the range. We may recommend a higher monthly amount in cases where the injustice is exceptional or particularly severe.
40. 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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Final decision

41. The Council’s delays in accepting and considering a homelessness application, and the failings in its communication with Mr X are fault. These faults have caused Mr X an injustice.

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Investigator's decision on behalf of the Ombudsman