Summary: We have found fault with the Council for delays incurred during Ms X’s homelessness application process. This caused Ms X the injustice of living in unsuitable accommodation with her family. The Council has agreed to apologise to Ms X and pay her a financial amount to remedy the injustice.

The complaint

1. Ms X complained about how the Council handled her homeless application. She said she has been left in unsuitable accommodation with her four children. She said the Council delayed accepting the main housing duty and then delayed the suitability review.

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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 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)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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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What I have and have not investigated

Review rights

5. The Council notified Ms X that it had accepted the main duty in March 2024. At this point, Ms X had review rights. She used these and requested a suitability review in April 2024. I have not investigated the period between March and the end of the statutory 8 weeks period in June 2024.

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How I considered this complaint

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
7. The Council placed Ms X and her children in interim accommodation in January 2024.
8. Ms 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

Law and guidance

Landlord eviction

9. The Homeless Code of Guidance (the ‘Code’) says in determining whether it would be reasonable for an applicant to continue to occupy accommodation following expiry of a valid section 21 notice the authority will need to consider all the factors relevant to the case and decide the weight that each should attract. Authorities should not adopt a blanket policy or practice on the point at which it will no longer be reasonable for an applicant to occupy following the expiry of a section 21 notice.
10. Where an applicant is:
1. an assured shorthold tenant who has received a valid notice in accordance with section 21 of the Housing Act 1988;
2. the housing authority is satisfied that the landlord intends to seek possession and further efforts from the housing authority to resolve the situation and persuade the landlord to allow the tenant to remain in the property are unlikely to be successful; and,
3. there would be no defence to an application for a possession order;
11. then it is unlikely to be reasonable for the applicant to continue to occupy beyond the expiry of a valid section 21 notice, unless the housing authority is taking steps to persuade the landlord to allow the tenant to continue to occupy the accommodation for a reasonable period to provide an opportunity for alternative accommodation to be found.
12. The Code goes on to say it is highly unlikely to be reasonable for the applicant to continue to occupy after the date on which the court has ordered them to leave the property and give possession to the landlord. Housing authorities should not consider it reasonable for an applicant to remain in the property until a court issues a warrant or writ to enforce an order for possession.

The relief duty

13. 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

14. 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 (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Review rights

15. Homeless applicants may request a review within 21 days of being notified of the following decisions:
16. 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.

Interim and temporary accommodation

17. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
18. A council must secure accommodation for applicants 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)
19. If, having made inquiries, the council is not satisfied an applicant is homeless, eligible, and in priority need, it will have no further accommodation duty.
20. 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)
21. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
22. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
23. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

Suitability of accommodation

24. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)

What happened

25. Ms X’s landlord issued her with a section 21 notice. In June 2023, the Council accepted the relief duty to help secure suitable accommodation for Ms X and her family.
26. I have seen no evidence the Council took reasonable steps to secure interim accommodation for Ms X between June 2023 and January 2024. In January 2024, Ms X said that she was evicted by bailiffs.
27. The Council then placed Ms X and her family in out of borough interim accommodation.
28. Later that month, Ms X complained to the Council about the delay in accepting the main duty and the condition of the accommodation she was living in.
29. In March, the Council responded to Ms X’s complaint. The Council confirmed that, according to its records, it had accepted the main housing duty at the end of January 2024 (the same date that it received Ms X’s complaint). I have seen no evidence that the Council notified Ms X of this decision at the time. The Council informed Ms X of her right to request a suitability review of her temporary accommodation.
30. Ms X escalated her complaint to stage 2 of the process. She listed the disrepair issues in her accommodation. In April, Ms X requested a suitability review on the grounds that the disrepair meant the property was unsafe.
31. In June, after six weeks, the Council responded to Ms X’s escalated complaint. It explained the reasons for the various disrepair issues and confirmed that the management company had arranged for works to be carried out. It said her suitability review was in progress, and it was awaiting an inspection of the property.
32. The following month an inspector assessed Ms X’s property. They issued a notice to the landlord with a list of repairs to be carried out.
33. Miss X brought her complaint to the Ombudsman when the Council failed to make a decision on her suitability review.

Update

34. In October, the Council carried out a housing needs assessment for Ms X and her family. A few days later, the Council issued its suitability review decision. It accepted the accommodation was not suitable. It referred to the property inspection and the extent of the disrepair. The Council confirmed that it had backdated Ms X’s position on the transfer list to June 2024.

My findings

Failure to secure interim accommodation

35. Ms X and her family remained in their private rented accommodation until bailiffs evicted them. The Code says that councils should not consider it reasonable for an applicant to remain in a property until a court issues a warrant to enforce an order for possession. The enforced departure from your home is an extremely stressful and distressing process.

Delay accepting the main duty

36. The Council accepted the relief duty in June 2023. It should have decided whether it was accepting the main duty in August 2023; 56 days after it accepted relief duty. It did not. This was fault.
37. This delayed Ms X’s right to review and caused her avoidable distress and uncertainty.

Delay notifying Ms X that the main duty had been accepted

38. The Council confirmed that its records show it accepted main duty in January 2024. It only notified Ms X of this decision and her review rights in March 2024 in response to Ms X’s complaint.
39. At this stage, Ms X had been living in what she believed to be interim accommodation for two months with no review rights. She had repeatedly told the Council about the poor condition of the property.
40. The Council should have told Ms X she had a right to review the suitability of her accommodation in January. The delay of two months was fault. Had it done so, Ms X would have requested a review by early February. The review would have been complete, confirming the unsuitability of the accommodation by April.

Delayed suitability review

41. After being notified of her review rights in March, Ms X requested a suitability review in April. The statutory review period of 8 weeks meant the Council should have completed the review in June. The Council completed the review in October. The Council acknowledged the delay and backdated Ms X’s position on the transfer list to June 2024.
42. Given my findings in paragraph 40, the Council has agreed to backdate Ms X’s position on the transfer list to April 2024. This would put Ms X back in the position she would have been if it had not been for the Council’s cumulative delays.

Summary

43. In the absence of evidence suggesting otherwise, I have found the Council at fault for failing to secure accommodation for Ms X before the bailiffs evicted her. This would have caused Ms X and her young family avoidable distress. The Council agreed to pay Ms X £500 in recognition of the distress caused.
44. On balance, I consider the accommodation was unsuitable in January 2024 when Ms X and her family were placed in a property requiring extensive repairs. The delays meant that Ms X and her family remained in this unsuitable accommodation. I have found fault with the Council for this.
45. In agreeing a remedy, I have not considered the period between March and June 2024 for the reason set out in paragraph 5.
46. Ms X had been living in unsuitable accommodation for 3 months at the time the review period started. Then a further 8 months since the statutory review period ended.
47. In line with our guidance on remedies, the Council has agreed to pay Ms X £250 for each month she has been living in unsuitable accommodation. At the time of this decision, it has been 11 months, so £2,750.
48. As Ms X continues to live in unsuitable accommodation, she has an ongoing injustice caused by the Council’s fault.
49. The Council has agreed to pay Ms X a further £250 for every month she remains in unsuitable accommodation. This should continue for 6 months and if Ms X remains in unsuitable accommodation, we will consider opening a new case against the Council.

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Agreed action

50. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Ms X for the delays she experienced during the homelessness application process.
2. Pay Ms X £2,750 in recognition of the time she spent in unsuitable accommodation.
3. Pay Miss X £500 in recognition of the distress caused by the delays.
4. Backdate Ms X’s position on the transfer list to 1st April 2024.
5. Demonstrate how it will ensure that officers always carry out a suitability assessment to identify the household’s needs before making a placement in interim or temporary accommodation.
6. Show how it will monitor homelessness applications and set reminders of statutory deadlines e.g. 56 days, 8 weeks.
51. As soon as possible, the Council should:
1. Secure suitable alternative accommodation for Ms X and her family.
52. Until the Council secures suitable accommodation to a maximum of 6 months after my decision, the Council should:
1. Pay Ms X £250 per month in recognition of the injustice she has experienced from living in unsuitable accommodation.
53. After 6 months, if Ms X remains in unsuitable accommodation, we will consider opening a new complaint.
54. The Council should provide us with evidence it has complied with the above actions.

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Final decision

55. I have completed my investigation. I have found fault with the Council for delays incurred during Ms X’s homelessness application process. This caused an injustice and the Council has agreed to remedy this.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman