Summary: Ms X complained about the Council’s delays and failure to provide her with assistance to help her resolve her homelessness. The Council was at fault for failing to provide appropriate advice and assistance and for poor communication with Ms X, for not issuing decision letters or referring her to its private lettings teams and for not proactively supporting Ms X to address her housing situation. This caused Ms X uncertainty and frustration. The Council has agreed to apologise, make a payment to Ms X and provide staff training/guidance.

The complaint

1. Ms X complained about the Council’s delays and failure to provide her with assistance to help her resolve her homelessness. Ms X says this has caused her distress and frustration and meant she and her child were without appropriate housing for longer than she should have been.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. Most homelessness decisions carry a right of review, followed by a right of appeal to the county court on a point of law.
5. 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

6. I have considered the information provided by Ms X and have discussed the complaint with her on the telephone. I have considered information provided by the Council in response to our enquiries and the relevant law and guidance.
7. I gave Ms X and the Council the opportunity to comment on a draft of this decision. I considered any comments I received in reaching a final decision.

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What I found

Relevant law and guidance

8. 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.
9. Councils must provide information and advice free of charge to anyone in their district on:
• preventing homelessness;
• securing accommodation when homeless;
• the rights of people who are homeless or threatened with homelessness;
• the duties of the council;
• any help that is available from the council or anyone else, for people in the council’s district who are homeless or may become homeless (whether or not they are threatened with homelessness), and
• how to access that help.

Duty to make enquiries

10. Where the council has reason to believe an applicant may be homeless or threatened with homelessness, it should make enquiries to enable it to decide if they are eligible for assistance and, if so, what duty it owes them. (Housing Act 1996, section 184) 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)

Prevention duty

11. 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. This is called the prevention duty. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)

Relief duty

12. If a council is satisfied an applicant is eligible for assistance and homeless then the council will owe the relief duty. This requires the council to take reasonable steps to help to secure suitable accommodation for any eligible homeless person for at least six months. The relief duty usually lasts for 56 days.

Interim accommodation

13. If the council has reason to believe the applicant may be homeless, eligible for assistance, and in priority need, it has an immediate duty under section 188 of the Housing Act 1996 to provide interim accommodation, whilst it makes its enquiries. An applicant is in priority need if they are pregnant, have a dependent child or (from July 2021) they are feeling domestic abuse.

Main housing duty

14. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)

Review rights

15. Homeless applicants may request a review within 21 days of being notified of certain decisions. If the decision is upheld at review, they can appeal to the county court on a point of law.

Housing allocations

16. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing.  Many councils maintain a housing register which records those waiting for housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
17. This Council places applicants into bands A to D with A being the highest. Of relevance to this complaint:
• Band B includes those threatened with homelessness who are working to prevent homelessness.
• Band C includes homeless households.

What happened

18. Ms X contacted the Council in March 2022. She was living at home and her family had asked her to leave as she was pregnant. A housing officer carried out an assessment. Ms X said the officer advised her if she accepted temporary accommodation she would not be entitled to social housing. Ms X said they told her that if she could find somewhere to live for six months she would go on the housing register in band B which would mean getting rehoused quicker.
19. The Council’s notes record the next steps as ‘place in temporary accommodation, accept relief duty/personalised housing plan/information regarding self sourcing, band B to prevent homelessness’. It noted Ms X asked for the application to be on hold as she did not want to go into temporary accommodation but would look to stay with friends.
20. Ms X’s ex-partner’s family agreed to house her. The housing officer sent Ms X a letter accepting the prevention duty then a further letter on the same date ending this duty as it was satisfied Ms X had suitable accommodation she was able to occupy.
21. Ms X contacted the Council again in late 2022. It carried out an assessment. This noted the family no longer wanted her there. The notes record Ms X was advised she may lose her banding if it arranged temporary accommodation for her. It agreed to refer her to its private rented scheme once it had received the relevant documents from her. Ms X has provided an email which showed she sent the documents requested. She chased the housing officer later that month and again in January 2023 but did not receive a response. The Council did not write to advise her that it accepted the prevention or relief duty.
22. In July 2023 Ms X contacted the Council again as her ex partner was intending to return to the family’s property and she was unable to live with him. The records show she sent the housing officer information about her benefits and copy bank statements. Ms X has sent copies of six emails she sent to the housing officer between late July and late August asking that they contact her.
23. In August 2023 Ms X complained to the Council about the lack of contact from the housing officer and that she had yet to receive her personalised housing plan. The Council apologised and said the housing officer had since been in touch about the next steps.
24. Ms X contacted the housing officer a further four times asking for contact and why she was not referred to the private lettings team. The housing officer responded in September that as Ms X did not want temporary accommodation or a one bedroom property they would close the case. Ms X responded that she had spoken to the private lettings team who confirmed they had never received a referral. Ms X said she did not want a one bedroom property as she had a child of over 12 months.
25. The housing officer sent Ms X a personalised housing plan in September 2023. This stated Ms X was eligible for help as she was threatened with homelessness. The housing officer referred Ms X to its private lettings team. They said they had to refer for a one bedroom as two bedroom properties were for those with children over the age of three. The private lettings team rejected the referral as it said it could not read the bank statements Ms X had sent. Ms X re-sent these.
26. Ms X remained unhappy and asked to go to stage two of the Council’s complaints procedure in October 2023.
27. The Council responded at stage two of the complaints procedure in November 2023. It said Ms X first approached in November 2022 and the housing officer was awaiting documents. Ms X approached again in July 23 and the Council accepted a prevention duty as she had been asked to leave but had no specific date. It said the housing officer mentioned temporary accommodation but Ms X did not want to lose her band B status. It said Ms X was referred to the private lettings team in late September but it rejected the application as it could not read Ms X’s bank statements.
28. It said the housing officer did not make another referral as Ms X wanted social housing. It said the prevention duty ended a month ago but the housing officer did not end the duty as they wanted the private lettings team to assist Ms X. It said they made another referral to the private lettings team in late November 2023. It said Ms X was sent her personalised housing plan in September 2023. It said the housing officer apologised for not being proactive.
29. In November 2023 the housing officer told Ms X the private lettings team needed three months of bank statements with a transaction list for each period. Ms X sent these to the Council in early December. The housing officer responded that six months statements were needed. Ms X says she has sent these but heard nothing further.
30. Ms X remains living with her ex-partner’s family. She says she is sleeping on a blow up mattress in the living room with her child. Ms X describes the atmosphere as toxic as her ex-partner has now returned home.

Findings

31. When Ms X first approached the Council, it failed to give her proper advice and assistance. This was fault. Ms X refused temporary accommodation as she understood that staying with family or friends meant she would get higher banding under the Council’s housing allocations scheme. However, the demand for social housing is high and significantly exceeds supply. There is no evidence the Council explained the likely timescales involved and that, even with a higher banding, it was likely to take a significant amount of time, even years, to get social housing. Ms X was therefore not able to make an informed decision over whether or not to accept temporary accommodation.
32. Ms X’s ex partner’s family agreed to support Ms X on temporary basis to get her a higher banding. Ms X reapproached the Council in July 2023 as her situation was not resolved. The Council failed to provide any support or assistance to resolve her homelessness and let the matter drift. This was fault. There is no evidence it took any action to support Ms X until after she complained in August 2023.
33. In July 2023 the Council said it would refer Ms X to its private lettings team. It did not do so until late September 2023 at which point the team rejected the referral as Ms X had not provided legible bank statements. After sending these the Council said she needed more bank statements which she again sent. The Council delayed making the referral and failed to clearly explain to Ms X what information was required for the referral to its private lettings team. This was fault. Ms X provided the information requested but I have seen no evidence it has yet accepted a referral or that it has explained why a referral was not accepted. This has delayed Ms X’s opportunity for support with private rented accommodation and has caused her frustration.
34. Ms X has a child under three years of age and so wants a two bedroom property. It appears the Council will not assist in finding a two bedroom property where a child is under three years of age. The Council has a duty to provide advice and support even if does not owe a prevention duty. Its private lettings team should assist Ms X with finding accommodation, even if is policy means it will only provide financial support for a one bedroomed property. The Council’s failure to support Ms X to find private rented accommodation or to take any proactive steps to support Ms X with addressing her homelessness is fault.
35. The Council failed to communicate properly about her homelessness. It provided no written notifications setting out what if any duty it owed to her after March 2022. The Council issued a PHP in September 2023 but no letter to advise Ms X what duty, if any it owed her. This caused Ms X uncertainty and frustration.
36. Ms X is currently still staying at her ex-partner’s property in an atmosphere she describes a toxic. The Council has failed to properly consider whether Ms X is in effect currently homeless on the grounds it is not reasonable for her to continue to occupy the accommodation and potentially is at risk of domestic abuse.
37. I cannot say with any certainty what would have happened had the Council properly explained the situation to Ms X in March 2022, what interim accommodation it may have offered her and whether Ms X would have accepted it. However, the Council’s faults have caused Ms X uncertainty and frustration and delayed her opportunity to receive support to find housing.

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Agreed action

38. With one month of the final decision, the Council has agreed to:
1. apologise to Ms X and pay her £500 to acknowledge the frustration and uncertainty caused to her by the Council’s faults. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology.
2. meet with Ms X to discuss her housing situation and decide what duty it owes her and take appropriate action in line with that duty, clearly explaining her options and the timescales for finding social housing.
3. refer Ms X to its private lettings team. If further information is required from Ms X this should be clearly communicated to her.
39. Within two months of the final decision, the Council has agreed to provide advice, guidance or training to staff to ensure they:
1. properly explain the consequences of staying with friends/relatives to prevent homelessness and to get a higher banding, and the likely timescales involved in securing social housing in band B.
2. issue homelessness decision letters promptly setting out the duty owed and review rights.
3. know what information is required for a referral to its private lettings scheme and this is communicated effectively to applicants.
40. The Council should provide us with evidence it has complied with the above actions.

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Final decision

41. I have completed my investigation. The Council was at fault causing injustice which it has agreed to remedy and to carry out service improvements.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman