Summary: Miss X complains that the Council failed to accept a homelessness application when she was experiencing domestic abuse from her former partner. The Council is at fault as it failed to accept a homelessness application from Miss X and it delayed in increasing her priority band to band B. Miss X was caused distress and uncertainty by these faults. The Council has agreed to remedy this injustice by apologising to Miss X and making a symbolic payment of £300.

The complaint

1. Miss X complains that the Council failed to accept a homelessness application from her when she approached it for assistance in May 2023 when she was experiencing domestic abuse from her former partner. Miss X says that as a result she suffered significant distress which has impacted on her health.

Back to top

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. 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)

Back to top

How I considered this complaint

4. I have:

• Considered the complaint and the information provided by Miss X;
• Made enquiries of the Council and considered the information provided;
• Invited Miss X and the Council to comment on the draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Law and guidance

5. 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.
• it is not reasonable for them to continue to occupy their accommodation.

(Housing Act 1996, section 175 (3), (4) & (5))

6. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
7. 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)
8. 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)
9. Examples of applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse

10. 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))
11. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

The Council’s housing allocations policy

12. The Council prioritises applicants for housing by placing them in priority bands A to E according to their housing need. Applicants who are owed the relief duty and who are eligible for temporary accommodation are placed in band B. Applicants who are victims of domestic abuse are also placed in band B.

What happened

13. Miss X and her children live in private rented accommodation. Miss X is also on the Council’s housing register and she was initially placed in band E. In May 2023 Miss X contacted the Council stating that she needed to move urgently due to domestic abuse by her former partner. The Council’s records note Miss X advised her case was going to a Multi Agency Risk Assessment Conference (MARAC) and that she had police crime numbers. In late May 2023 Miss X notified the Council that MARAC considered her to be at high risk of domestic abuse.
14. The Council’s records show it increased Miss X’s priority to band D. An officer advised Miss X that it could offer emergency/interim accommodation to her which she declined. The Council did not take a homelessness application from Miss X.
15. Miss X continued to contact the Council for assistance in moving. In late June 2023, the Council awarded band B priority to Miss X as she was a victim of domestic abuse. It backdated the award to May 2023.
16. In October 2023, Miss X made a complaint to the Council about how it had dealt with her requests to move. Miss X also said she was homeless in her own home. The Council responded to Miss X and did not uphold her complaint. It explained officers had correctly awarded band B to her and offered interim accommodation which she had declined. It further explained the Council had not taken a homelessness application when she first approached in May 2023 as she wished to remain in her property.
17. The Council then carried out a homelessness assessment for Miss X and accepted the relief duty. The Council asked Miss X to contact officers if she required interim accommodation.
18. Miss X escalated her complaint to stages two and three of the Council’s complaints procedure. In her complaint she said she could not move into temporary accommodation. The Council acknowledged that it should have accepted a homelessness application from Miss X in May 2023 and accepted the relief duty. It apologised for the fault. The Council said it did not consider the fault had disadvantaged Miss X as the Council had awarded band B priority for domestic abuse. This is the same priority it would have awarded when it accepted the relief duty.
19. The Council’s records show that Miss X has bid on numerous properties before and after her priority was increased in June 2023 to band B. Miss X has not had sufficient priority to be offered the properties.
20. In response to my enquiries, the Council said it addressed the training need with the relevant officer to ensure they understood they should have taken a homelessness application in May 2023.

Analysis

21. The Council has acknowledged that it should have accepted a homelessness application from Miss X in May 2023 and accepted the relief duty. The Council should have considered if it was reasonable for Miss X to continue to occupy her property in view of the risk of domestic abuse. Its failure to do so is fault.
22. I also consider there was delay in increasing Miss X’s priority band to band B. The Council increased Miss X’s priority to band D when she first reported the domestic abuse in May 2023. But there is no evidence to show the Council considered whether it should increase Miss X’s priority to band B as she was seeking assistance due to domestic abuse. Miss X told the Council that she had been referred to MARAC which considered her to be at high risk so it would have been appropriate for the Council to consider if it should award band B at that time. The failure to do so is fault. The Council did not increase Miss X’s priority until late June 2023 despite the evidence she was at risk of domestic abuse. This delay is fault.
23. Miss X had the right to request a review of the Council’s decision to place her in band D. There is no evidence to show the Council notified Miss X of the banding change in writing or her right to seek a review of the decision. This is fault.
24. I cannot say, on balance, that the failure to accept a homelessness application and the relief duty caused Miss X to live with the risk of domestic abuse for longer than necessary. The Council offered interim accommodation to Miss X when she first approached the Council for assistance and subsequently. I also do not consider the delay in increasing Miss X’s priority to band B caused Miss X to miss an offer of housing. The Council’s records show Miss X has bid on many properties since she was awarded band B in June 2023 but she has not been successful. So, it is unlikely Miss X would have made a successful bid even if the Council had awarded band B in May 2023.
25. But the delay in accepting a homelessness application and in awarding band B has caused avoidable distress and uncertainty to Miss X. She also missed the opportunity to seek a review of the Council’s decision to place her in band D. The Council should remedy this injustice.
26. The Council has said it has addressed the learning need with the relevant officer. However, the faults identified suggest wider training is required to ensure officers appropriately deal with homelessness and housing register applicants who are at risk of domestic abuse.

Back to top

Agreed action

27. That the Council will:
1. Send a written apology to Miss X for the distress and uncertainty caused to her by its delay in taking a homelessness application, delay in accepting the relief duty, delay in awarding band B priority and for the missed opportunity to seek a review of the Council’s decision to award band D priority. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended in my findings.
2. Make a symbolic payment of £300 to Miss X to acknowledge the avoidable distress and uncertainty caused to her. The recommended payment is in accordance with our guidance on remedies.
3. By training or other means, share the learning from this complaint, the requirements of chapter 21 of the Homelessness Code of Guidance and Improving Access to Social Housing for Victims of Domestic Abuse guidance with officers to ensure they are aware of how to appropriately deal with homelessness and housing register applicants at risk of domestic abuse.
4. By training or other means, reminds officers to notify applicants of their right to seek a review of their priority band.
28. The Council should take the action at a) and b) within one month and the action at c) and d) within two months of my final decision. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

29. Fault causing injustice to Miss X.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman