Summary: Mr B complained that the Council delayed processing his homelessness application, which affected his priority on the housing register. We find that the Council failed to properly deal with Mr B’s homelessness application and delayed awarding Mr B additional priority on the Council’s housing register. The Council has agreed to apologise, backdate Mr B’s housing priority and make a payment to Mr B. It has also agreed to make service improvements.

The complaint

1. Mr B complains that the Council took too long to deal with his homelessness application, delayed giving him additional priority on the housing register and delayed arranging interim accommodation for his family. He says that as a result, his family remained living in overcrowded conditions for too long and will now have to wait longer than necessary to get a permanent home.

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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. 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

4. I have investigated the complaint as summarised in paragraph one of this statement. I have not investigated Mr B’s complaint that his family has been living in unsuitable bed and breakfast accommodation since April 2025. This is because the accommodation was arranged after our investigation began. Mr B can ask us to open a new case to consider his complaint about this.

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How I considered this complaint

5. I considered evidence provided by Mr B and the Council, as well as relevant law, policy and guidance.
6. Mr B and the Council have had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Homelessness

7. 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.

Homeless definition

8. A person is homeless if they have no accommodation in the UK or elsewhere which is available for their occupation and which that person has a legal right to occupy. A person who has accommodation should be treated as homeless where it would not be reasonable for them to continue to occupy that accommodation. (Housing Act 1996, section 175 and Homelessness Code of Guidance paragraph 6.4)

Duty to accommodate

9. 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. (Housing Act 1996, section 188 and Homelessness Code of Guidance paragraph 8.3)

The prevention duty

10. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. (Housing Act 1996, section 195)

The relief duty

11. This duty applies when the council is satisfied that an applicant is homeless (rather than just threatened with homelessness) and eligible for assistance. The council has a duty to take reasonable steps to help the applicant secure accommodation that will be available for at least six months. (Housing Act 1996, section 189B and Homelessness Code of Guidance, paragraph 13.2)

Ending the prevention and relief duties

12. The prevention and relief duties will end when the council has complied with the prevention or relief duty and 56 days have passed (regardless of whether the applicant is still threatened with homelessness in the case of the prevention duty or whether they have secured accommodation in the case of the relief duty). (Housing Act 1996, sections 195 (8)(b) and 189B (7)(b)) and Homelessness Code of Guidance, chapter 14)

The main housing duty

13. If homelessness is not successfully relieved, a council will owe the main housing duty to applicants who are eligible, have a priority need for accommodation and are not homeless intentionally. Under the main housing duty, councils must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Housing Act 1996, section 193(2))

Bed and breakfast accommodation

14. Bed and breakfast (B & B) accommodation is unsuitable for families with dependent children unless no other accommodation is available, and then for no more than six weeks. B & B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

Housing Allocations

15. The Council’s Housing Allocations Scheme sets out the rules for qualifying to join the housing register, how applicants are prioritised and how the Council manages the allocation of available properties.
16. The scheme places applicants in a priority band from Band A (highest priority) to Band D (lowest priority). Band A includes applicants who are owed both the relief duty and the duty to accommodate, and applicants who are owed the main housing duty. Band B includes applicants who are owed the relief duty and applicants owed the prevention duty.

Background and key events

17. Mr B first joined the Council’s housing register in December 2019. In July 2023, he made a homelessness application because he and his wife and three children had been asked to leave Mr B’s parents’ house due to overcrowding. At the time, eight people were living in the three-bedroom house.
18. The Council assessed Mr B’s application and decided it owed his family the prevention duty. This decision did not affect Mr B’s priority on the housing register because he was already in Band B.
19. In January 2024, Mr B contacted the Council to request accommodation as his family could no longer remain at his parents’ house. The Council decided to carry out a home inspection to verify the living arrangements and confirm that Mr B’s parents would not allow them to stay.
20. The inspection took place a few days later. The officer recorded that she had convinced Mr B’s parents to allow them to stay while they bid for properties on the housing register. The officer also noted that the property was extremely overcrowded.
21. Shortly after the inspection, Mr B told his caseworker that they could only remain for a few weeks. The officer explained what he needed to do to get interim accommodation once they had to leave.
22. After speaking to Mr B again in May 2024, the Council decided that it owed his family the relief duty. Mr B was told that his family could be provided with interim accommodation, but it was likely to be one room in a Bed and Breakfast (B & B) without cooking or laundry facilities. Mr B chose to remain living with his parents.
23. In July 2024, the Council accepted the main housing duty to the family. Their housing priority was reassessed, and they were awarded Band A.
24. Mr B and his wife had a fourth child in August 2024.
25. In April 2025, Mr B told the Council that he had to leave his parents’ house that day. The Council placed Mr B and his family in interim accommodation.

Analysis

26. The Council accepted the prevention duty to Mr B in August 2023. This required the Council to take steps to help Mr B remain in his home or find somewhere new to live. Other than attempting to call Mr B in November 2023, the Council took no action between August 2023 and January 2024. This was fault and led to a delay in the Council accepting the relief duty and the main housing duty to the family.
27. The housing allocation scheme says that Band A includes applicants who are owed both the relief duty and the duty to accommodate. In the Council’s response to my enquiries, it said that Mr B did not qualify for this award until the main housing duty was accepted because when it owed him the relief duty, he had not been provided with accommodation under its duty to accommodate. However, the policy makes no reference to the provision of accommodation, and so it should have awarded Band A when Mr B was owed both the relief duty and the duty to accommodate. It did not do so; this was fault. The Council says the policy intention was to only award Band A to applicants owed the relief duty if they have been placed in temporary accommodation, and so it will be amending the Housing Allocation Scheme to make this clear.
28. If there had been no delays by the Council, I consider it would likely have accepted the relief duty to Mr B by 29 September 2023, and the main housing duty by 24 November 2023. I consider the Council should backdate Mr B’s Band A award to 29 September 2023.
29. When the Council first told Mr B that interim accommodation could be provided, in January 2024, it said that it was likely to be one room in a B & B without cooking or laundry facilities. It did not mention that such accommodation can only be used for a maximum of six weeks. Had the Council provided this information, I consider Mr B would have been more likely to move into interim accommodation sooner.
30. I consider the Council’s failings have caused Mr B distress and inconvenience and he has been left with uncertainty as to whether his family would now be living in suitable self-contained accommodation if there had been no fault by the Council.

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Action

31. The Council has agreed to take the following actions within four weeks of my final decision:
• Apologise to Mr B for the failings identified in this case. 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 when making the apology.
• Make a payment of £250 to Mr B. This is a symbolic payment to acknowledge the distress, uncertainty and inconvenience caused by the Council’s actions.
• Backdate Mr B’s Band A award date to 29 September 2023.
• Provide evidence to show whether any of Mr B’s bids would have been successful if he had been awarded Band A on 29 September 2023. If Mr B has missed out on any properties, the Council will make an additional payment of £100 for each month between the date he missed out on the property and the date of my final decision.
32. The Council has agreed to take the following actions within eight weeks of my final decision:
• Amend its housing allocation scheme to make it clear that applicants who are owed the relief duty will only qualify for Band A if they have been placed in temporary accommodation.
• Ensure staff are aware that while it is appropriate to manage the expectations of homelessness applicants regarding the type of accommodation likely to be provided, they should not actively discourage applicants from accepting accommodation. Staff should provide clear and accurate information to allow applicants to make informed decisions.
33. Following our recommendation on a recent similar case, the Council agreed to provide training and/or guidance to its staff to ensure they are following the requirements of the Housing Act 1996 and the Homelessness Code of Guidance when dealing with homelessness applications. It will include the requirement to issue decision letters, the timescales for the relief and prevention duties and the need to consider whether it is reasonable for the applicant to continue to occupy their accommodation.
34. The Council also recently agreed to implement a monitoring system to ensure that cases are being handled within reasonable timeframes and that key deadlines (such as the decision on whether the relief duty applies) are met. Given that the Council has agreed to take these actions recently, I do not consider any further service improvement recommendations are necessary.
35. The Council should provide us with evidence it has complied with the above actions.

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Decision

36. I have completed my investigation and uphold Mr B’s complaint. There was fault by the Council which caused injustice to Mr B. The action the Council has agreed to take is sufficient to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman