Summary: Mr X complained about the Council’s handling of his homelessness application, his bids for permanent accommodation and his reports of disrepair in his privately rented home. We did not find fault by the Council.

The complaint

1. Mr X complained about the Council’s handling of his request for help with his housing. He complained the Council persecuted, degraded and humiliated him. He also complained the Council has damaged his health and put him in danger.
2. Mr X would like the Council to provide him with suitable accommodation and pay him compensation.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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)
6. 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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What I have and have not investigated

7. I have investigated matters raised by Mr X in his complaint and which occurred between December 2022 and his complaint to us in March 2024.
8. I have not investigated matters that occurred before December 2022 as Mr X was aware of these issues at the time they happened, and he took longer than 12 months to complain to us. The time for receiving complaints is from the date the complainant became aware of the matter they are complaining about, not when they complained to the Council. We expect someone to complain to us within a year of knowing about the matter they are complaining about. There is no evidence to suggest Mr X could not have complained to us sooner.
9. I have not investigated Mr X’s concerns about the suitability of the property he is currently under offer on (Property 4). This is because Mr X has used his right to request a review of the suitability of the property. If Mr X is unhappy with the outcome of the review, he can use his statutory right appeal to the county court to challenge the Council’s decision. I consider it is reasonable for him to do so.
10. I have not investigated Mr X concerns about a property (Property Y) advertised in error by a social housing provider. This is because the error was made by a social housing provider and not the Council.
11. I have not investigated Mr X’s concerns the Council’s actions have damaged his health. This is because it is not our role to determine if Mr X’s health has been damaged and if the Council is responsible. If Mr X believes the Council is responsible for damage to his health, it would be reasonable for him to make a claim against it at court.

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How I considered this complaint

12. I discussed the complaint with Mr X and considered the details of his complaint.
13. I made enquiries of the Council and considered its response and documents it provided.
14. I considered the relevant legislation, guidance, and policies.
15. I set out my initial view on the complaint in a draft decision statement and I considered the comments I received in response from Mr X and the Council.

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What I found

16. 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.
17. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
18. If a council has reason to believe an applicant may be homeless it must make inquiries to satisfy itself what, if any, duty it owes them. (Housing Act 1996, section 184 (1)
19. While a Council is carrying out inquiries in an applicant’s case it must also secure accommodation for the applicant and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188
20. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
21. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. (Housing Act 1996, section 184, from 3 April 2018 Homelessness Code of Guidance 18.32 and 18.33)
22. Homeless applicants may request a review by the Council within 21 days of the decision on the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.
23. Where the 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)

The prevention duty

24. 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)

The relief duty

25. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides, this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

26. 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 their occupation. Generally, the council carries out the duty by arranging temporary accommodation until it makes a suitable offer of social housing or private rented accommodation. (s.193 Housing Act 1996)

Housing allocations

27. 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))
28. The Council is a partner in a local choice-based lettings scheme which enables housing applicants to bid for available properties which are advertised.
29. The Council’s allocations policy places housing applications into one of seven bands according to their housing need. Band 1A is the highest priority and Band 7 is the lowest priority.

Private housing disrepair

30. Private tenants may complain to their council about a landlord’s failure to keep their property in good repair. Councils have powers under the Housing Health and Safety Rating System (HHSRS) introduced by the Housing Act 2004 to assess the condition of residential housing and take enforcement action where appropriate.
31. The HHSRS looks at the risks to the health and safety of occupants or visitors to a particular property. The HHSRS calls these risks hazards. There are Category 1 and Category 2 hazards. Category 1 hazards are the most serious.

What happened

32. The following is a summary of key events. It does not include everything that has happened.
33. Mr X has limited mobility and other health issues. He moved to the Council’s area with the assistance of another council, where he previously lived. He lived in privately rented accommodation with his emotional support dogs.
34. In July 2022 Mr X approached the Council because he was concerned about the affordability of his privately rented home. The Council accepted the prevention duty to Mr X, issued him with a Personalised Housing Plan and made enquiries into his case. The Council concluded that Mr X was homeless at home as his current accommodation was not suitable for his long-term needs. However, it said the property was suitable for Mr X in the short term. It told Mr X about his right to request a review of its decision.
35. Mr X also made a housing register application. The Council awarded Mr X’s housing register application Gold Band (now band 1A) with a two bedroom entitlement. It said Mr X needed a wheelchair accessible property.
36. In December 2022 the Council told Mr X it accepted the relief duty to him. The letter informing Mr X said:
• consideration was given to the possibility of adapting his current home and he had been advised to complete a Disabled Facilities Grant (DFG) application, but Mr X had not progressed his application. It said Mr X could re-apply if he wanted to.
• it had offered Mr X temporary accommodation, but he had declined the offer. It said Mr X could contact the Council if he wanted temporary accommodation.
37. Also, in December the Council told Mr X that it accepted the main housing duty to him. The letter informing Mr X explained it must offer him temporary accommodation, his right to request a suitability review of his temporary accommodation and to request a review of its decision.
38. In January 2023 the Council made Mr X an offer of permanent accommodation (Property 1). Mr X visited the property, travelling via taxi paid for by the Council. He said the property was not suitable because it was not near any local amenities or public transport. The Council agreed and so it did not end its duty to Mr X.
39. In March the Council made Mr X another offer of permanent accommodation (Property 2). Mr X initially accepted the offer.
40. In May the Council paid for a taxi so Mr X could view Property 2. After doing so Mr X refused the property saying it was not suitable. The Council accepted Mr X’s reasons for refusing the property and so it did not end its duty to him.
41. Also, in May the Council’s Private Sector Housing Team visited Mr X’s home in response to his reports about disrepair issues. The visit found two low category two hazards including one for damp and mould. The Council asked Mr X’s landlord to carry out works to address the hazards.
42. Mr X’s landlord said he would treat the areas of damp and mould and repaint. Mr X said he was worried the works may negatively impact his health. He asked for clarification the works would not harm his health. The landlord provided Mr X with further details but said he would need to ask medical professionals if they would harm his health. The Council liaised with Mr X and his landlord about the works but Mr X did not agree to them.
43. In June the Council told Mr X the option of temporary accommodation remained available to him while he waited for an offer of suitable permanent accommodation. Mr X did not ask the Council to pursue an offer of temporary accommodation.
44. In July Mr X bid on property Y advertised, by a local social housing provider. However, the property was advertised in error by the social housing provider. Mr X complained to the social housing provider and it said it would give him first consideration on the next available home that met his needs.
45. In August the Council reiterated its offer of temporary accommodation to Mr X but he refused. He said he would not be able to cope with the upset of a move to temporary accommodation. The Council told Mr X it would look for temporary accommodation if he changed his mind.
46. In September Property 3 was identified as potentially suitable for Mr X. The Council paid for a taxi for Mr X to view the property. Mr X said it was not suitable. The Council accepted Mr X’s reasons and did not end its duty to him.
47. In October the Council reiterated again it’s offer of temporary accommodation to Mr X, while he waited for an offer of permanent accommodation. Mr X declined.
48. Unhappy with the Council’s handling of his housing situation Mr X told the Council he would attend one of its buildings to protest. Officers told Mr X not to do so as the building was not open to the public. However, Mr X attended the building to protest. He says that during his protest he was not allowed access to the building to use the disabled toilet causing him distress and embarrassment.
49. Also, in October the Private Sector Housing Team visited Mr X’s home again, following further reports of damp and mould. The visit found a category two hazard for mould and damp. It said there was no evidence the problem was being caused by structural issues. It recommended Mr X using the central heating (which was in working order) in his home to help prevent mould and damp.
50. In November it issued Mr X’s landlord with a Hazard Awareness Notice. It told Mr X it had done so. It offered to refer Mr X to its Welfare Team to see if it could assist him with the cost of heating his home.
51. Mr X was unhappy with the conclusion of the Private Sector Housing Team’s inspection of his home. He said the Council was blaming him for the mould and damp. He made a formal complaint.
52. Following the Council’s inspection of Mr X’s home his landlord issued him with a section 21 notice, requiring him to leave the property. The Council liaised with Mr X’s landlord and said it would offer Mr X short term accommodation so works to address damp and mould could be completed, but Mr X refused. Mr X’s landlord did not withdraw the section 21 notice.
53. The Council also made Mr X an offer of temporary accommodation. The accommodation allowed two of Mr X’s emotional support dogs and had a level access shower. He refused the offer. The Council did not use his refusal as reason to end it homeless duty to Mr X.
54. Also, in November the Council held an online meeting with Mr X to discuss his case. Mr X said he would like to be housed where he used to live and had made a housing register application to join its housing register. The Council wrote to Mr X’s former council supporting the application.
55. In December the Council replied to Mr X’s complaint. It said the Private Sector Housing Team’s inspection of his home was thorough and there were no reasons to revisit it.
56. Mr X was unhappy with the Council’s reply, and he escalated his complaint. He said his complaint was also about the Council’s handling of his homelessness and housing register applications.
57. Also, in December Property 4 was identified as potentially suitable for Mr X. It also made another offer of temporary accommodation to Mr X which he refused.
58. In February 2024 Mr X viewed Property 4. The Council’s OT also assessed the property and found it could be adapted to meet his needs, and so it was suitable for him.
59. The Council formally offered Mr X Property 4. The offer letter explained his right to request a review of the suitability of the property. Mr X requested a review.
60. Also, in February the Council replied to Mr X’s stage two complaint. It said it agreed with the outcome of its stage one reply. It said his complaints about his homelessness and housing register applications should be dealt with as a new complaint or via the statutory review process.
61. In March Mr X gave his landlord one months’ notice he was ending his tenancy. This was against the advice given to him by the Council.
62. Unhappy with the Council’s actions and response to his complaints Mr X complained to the Ombudsman. In response to our enquiries the Council said:
• it has worked continuously on Mr X’s case making him offers of both permanent and temporary accommodation.
• it could have discharged it main housing duty to Mr X on several occasions when he has refused offers of accommodation. It did not do so because he is vulnerable and living with disabilities.
• Mr X was not advised by the Council to leave his privately rented home. The Council spoke with his landlord not to pursue possession proceedings because it had identified a property for him. It told him he had the legal right to remain in the property pending eviction by the Courts. He was advised he could give notice at the appropriate time to avoid being charged rent for two homes.
• Mr X was advised not to attend a council building to protest as it was closed to the public. There is no evidence he spoke to staff members during his protest in October, asking to use the toilet. Mr X did not raise this matter in his initial formal complaint.
• it refutes Mr X’s claims that it has persecuted, degraded, and humiliated him and says it has not damaged his health or put him in danger.
63. During my investigation the Council decided Mr X’s review of the suitability of property 4. It found the property was suitable. It told Mr X he could appeal its decision by appealing to the county court.
64. Mr X has also raised concerns about asbestos in property 4 and that he may have been exposed to this when he viewed the property. He says this may have damaged his health.

Finding

Homelessness application

65. I do not find fault by the Council in its handling of Mr X’s homelessness application during the period I have investigated. This is because the Council:
• told Mr X about its decision that his privately rented accommodation was suitable for his needs in the short term and so it had met its duty to secure suitable accommodation for him. It told Mr X he could request a review of its decision.
• told Mr X it accepted the relief and main duty to him in writing and told him about his right to request a review of its decisions.
• offered Mr X temporary accommodation when it accepted the relief and main duty to him. Mr X declined the offers. The Council told Mr X he could change his mind; and
• continued to offer Mr X temporary accommodation when he raised concerns about the suitability of his privately rented accommodation.

Temporary accommodation

66. The Council decided Mr X was homeless at home and so his privately rented accommodation was, temporary accommodation, until an offer of suitable permanent accommodation was made to him. The Council must keep the suitability of temporary accommodation under review. I consider it did so. It told Mr X it would look for alternative temporary accommodation for him in December 2022 and throughout 2023 in response concerns raised by Mr X about his accommodation. Mr X did not ask the Council to act on its offers and when he did, he refused the offers made to him. This was Mr X ‘s decision to make. I do not find fault by the Council.
67. Mr X stated the temporary accommodation offered to him was not suitable for his needs. It was open to Mr X to accept the offer and then challenge its suitability, but he did not so. I also note the Council did not end its homelessness duty to Mr X despite his refusal providing grounds for it do so. I do not find fault by the Council.

Eviction advice

68. Mr X complained the Council gave him poor advice after he received a section 21 notice from his landlord. I do not agree. The Council advised Mr X not to give notice and to wait for the either Property 4 to be ready for occupation or for the possession proceedings to proceed through the courts. Mr X gave notice to end his tenancy contrary to the advice given to him. I do not find fault by the Council.

Offers of permanent accommodation

69. Mr X complained the Council asked him to view unsuitable properties. It is agreed the offers of properties 1, 2 and 3 were unsuitable for Mr X. However, the Council decided the offers were unsuitable after listening to Mr X’s objections. I have seen nothing to suggest the offers were known to be unsuitable when initially offered to him. I also note the Council paid Mr X’s travel expenses to view the properties and so he did not incur any financial hardship because of the viewings.
70. Mr X also complained the Council did not work collaboratively with him as it agreed to do when it held an online meeting with him in November 2022. I do not agree. The evidence available shows the Council has worked with Mr X to help him secure housing, including supporting a housing application with another authority, and making multiple offers of temporary accommodation. It also helped him view properties, negotiated with his landlord to prevent his eviction and decided not to end its homeless duty to him despite it having grounds to do so.

Private Sector Housing

71. The Council inspected Mr X’s privately rented home in May 2023 after he told it about disrepair. It found a low category two hazard for damp and mould. It asked Mr X’s landlord to act to resolve the matter. The Council can pursue informal action to resolve such hazards. I note that following the visit the Council worked with both Mr X and his landlord to try and find a solution to Mr X’s concerns about works impacting his health. I do not find fault with the Council’s actions.
72. Mr X told the Council the mould and damp at the property was deteriorating. In response the Council carried second visit following which it issued his landlord with a Hazard Awareness Notice. I do not find fault with the Council’s actions.
73. I understand Mr X disagrees with the findings of the October visit and asserts the mould and damp is caused by structural issues. The Council inspected Mr X’s home and considered the evidence before deciding what hazards were present, the cause of the hazard and how best to address it. I am satisfied the Council properly considered this matter and so there are no grounds for me to question its decision.

Other matters

74. Mr X says the Council did not allow him access to a disabled toilet when decided to protest outside one of its offices in October 2023. The office Mr X attended was closed to the public and so, Mr X could not access the building to use the disabled toilet. I do not consider there is evidence of fault by the Council in this matter. Furthermore I note Mr X was advised not to attend the office because it was not open to the public, but Mr X decide to travel there despite this information.

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Final decision

75. I have completed my investigation if Mr X’s complaint. The Council was not at fault.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman