Summary: The Council has acknowledged that it should have told Mr B sooner that it was not moving his family into interim accommodation. It has apologised and offered to make a payment in recognition that it caused him distress and inconvenience. However, there is no fault in how the Council reached this decision or in how it has handled Mr B’s housing situation.

The complaint

1. Mr B complains about how the Council has handled his housing situation. He says:
• The Council first told him that his family would be rehoused in temporary accommodation and he should pack the house up, and then after not replying to his contact asking for an update, a different officer emailed to say that this would not be possible and he should wait for a possession order.
• The Council has not helped his family with housing; has not clearly explained what they can expect to happen; and it is not clear that the Council has taken into account the family’s needs.
2. Mr B says that the Council’s shortcomings have caused his family distress. It raised his hopes that they would be offered temporary accommodation and has left them uncertain as to what will happen. This is particularly difficult as Mr B’s daughter is autistic, and his son is in an important stage of his education.

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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. 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

5. I considered the information provided by Mr B and discussed the issues with him. I considered the information provided by the Council including its file documents. I also considered the law and guidance set out below. Both parties had the opportunity to comment on a draft of this statement. I have considered all comments received before issuing this final decision.

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What I found

The law and guidance

6. 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.
7. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)
8. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
9. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
10. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
11. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
12. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises.

What happened

13. Mr and Mrs B live with their two children. One child is autistic and the other has just started GCSE school courses. The family rent their home from a private landlord. The landlord had bought the house from the Council under the right to buy scheme. The family have rented the home for many years, but in September 2022, the landlord decided to sell the property back to the Council (this is called the ‘Buy Back Scheme’). In April 2023, the landlord served a notice on Mr B, telling him he would be taking back possession of the house.
14. Mr B asked the Council for help with his housing situation. The Council assessed Mr B’s homelessness application. It took into account that his daughter is autistic. Understandably, Mr B asked if the Council could rent the property back to him so that his family could continue to live close to their support networks and his daughter would not have to move from the school where she was receiving additional help. The Council explained that the house would need to be allocated in accordance with its policy to someone with the highest priority, and so it was unlikely that the family would be able to continue to live there.
15. The Council accepted that it owed the family a prevention duty and sent Mr B a personal housing plan. The plan mentions that Mr B’s child is autistic. The Council’s files show that it explained to Mr B that although he would be able to bid on available council properties, he is unlikely to be successful for many years. The Council advised that Mr B is more likely to be rehoused via the private rented sector. The Council assessed how much rent the family might be able to afford and said it would help to find private rented housing. Mr B has told the Council that this is unaffordable and typical rents are around double what they are paying in their current property. Mr B told the Council that his family need social housing. The Council processed the application. It placed Mr B in the highest priority band and he was able to bid on preferred properties. However very few larger houses become available and Mr B was not successful.
16. In the meantime, the Council told Mr B that as the landlord had served him a notice, it would place the family in interim accommodation when the notice expired. Mr B and his family packed up their belongings and contacted the Council asking for details of the move.
17. However, the Council reviewed its financial decisions. Under the Buy Back Scheme, the landlord cannot complete the sale until the property has been vacant for seven days. This means that the family did not need to move from the property when the notice expired. The Council decided not to move the family to interim accommodation but to continue to work with them to find alternative housing. At the same time as the Council changed its decision, the officer who had been dealing with Mr B suddenly and unexpectedly was absent from work. The Council allocated a new officer. However, it did not tell Mr B that it would not move his family to interim accommodation as it had agreed.
18. Mr B was understandably upset at this, not least because the uncertainty severely impacts on his autistic child, and this affects the rest of the family too. The Council considered its decision but decided it was not necessary to offer interim accommodation as at that stage it was able to prevent the family’s homelessness.
19. Mr B complained to the Council that it had first told him that it would move him to interim accommodation and then changed its mind but had not told him straight away. He also has complained that the Council has not helped him with his housing situation.
20. The Council apologised to Mr B. It explained that it had changed its decision because it had reviewed all its financial commitments, and because the house was being sold under the Buy Back Scheme, it did not have to move Mr B’s family when the notice expired. The Council offered to make a symbolic payment of £200 in recognition of the distress and inconvenience it had caused when it changed its decision about moving his family to interim accommodation and did not tell him straight away. It also said it would meet the possession costs of around £350.

Analysis

21. I appreciate that this is a very worrying time for Mr B and his family, and that uncertainty has a greater impact on his family as his child is autistic. The Council has acknowledged that it should have told Mr B sooner that it had altered its decision to move the family to interim accommodation.
22. However, there is no fault in the Council’s decision itself. The Buy Back Scheme effectively gives the Council more time to help find Mr B’s family alternative accommodation. As the family did not have to move out when the notice expired, the Council was right to say it could prevent their homelessness for the time being. This is in accordance with its legal prevention duty.
23. It is understandable that Mr B has asked the Council to allow them to live in the property. However, the Council has explained that it can only allocate properties in accordance with its housing allocations policy, and it will be offered to the person with the highest priority. There is no fault in the Council’s approach and it is in accordance with its policy.
24. The Council says the landlord has now served possession papers and it will accept a relief duty if the family has not found alternative housing. I can appreciate that Mr B wants social housing, however, the Council can discharge its duties via housing in the private sector. It has taken the family’s circumstances into account but has explained that social housing is unlikely to become available for the family. It is within the Council’s duties to clearly advise Mr B that he should work with it to find private rented accommodation.
25. The Council did not tell Mr B in time that it had changed its decision to offer interim accommodation. This caused the family distress and inconvenience. It has apologised and offered to make a payment in recognition of the impact it had on them. The Council will continue to work with Mr B to find alternative housing. This is a reasonable remedy and there is no basis for me to recommend the Council do more to remedy the complaint.

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Final decision

26. I have completed my investigation. There was fault by the Council causing Mr B injustice, but it has already taken steps to remedy this. There is no basis for me to make further recommendations.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman