Summary: Mrs X complained the Council failed to take sufficient action to provide accommodation that meets the needs of her family. The Council failed to take timely action once it was determined that her current property could not be adapted to meet her needs meaning Mrs X has been living in accommodation without proper washing and sleeping facilities impacting on her mental and physical health. As well as exploring all possibilities to find alternative accommodation the Council will make Mrs X a symbolic payment.

The complaint

1. Mrs X complains the Council has failed to take sufficient action to provide accommodation that meets the needs of her family.
2. Mrs X says she is living without proper bedroom and washing facilities which is having a detrimental impact on her physical and mental health.

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The Ombudsman’s role and powers

3. 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)
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(1), as amended)

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What I have and have not investigated

5. A complaint about how the Council dealt with Mrs X’s request for aids and adaptations has been considered by the Housing Ombudsman as these issues fall within its jurisdiction and not ours.
6. Therefore this complaint is concerned only with the request for alternative accommodation to meet needs.

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How I considered this complaint

7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs X and the Council 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

Legislation and statutory guidance

9. 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.
10. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them [and anyone who lives with them to continue to live there. (Housing Act 1996, Section 175)

Applications

11. 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)

Gatekeeping/homelessness prevention

12. Councils can suggest alternative solutions in cases of potential homelessness where these would be suitable and acceptable to the applicant. However councils must not do this to avoid their legal duties, especially the duty to make inquiries into the applicant’s homelessness. The Ombudsman has criticised councils for ‘gatekeeping’ practices, for example, failing to take a homelessness application at the earliest opportunity.

Key facts

13. This section sets out the key events in this case and is not intended to be a detailed chronology.
14. Mrs X lives in a five bedroom property with her family. She is disabled and uses a wheelchair but the property is not fully wheelchair accessible. Mrs X says she cannot use the kitchen or bathroom and sleeps in the living room.
15. Mrs X submitted an application to join the housing register in July 2017. The Council says that its policy at that time meant she was adequately housed. Her application was subsequently cancelled because Mrs X did not respond to an annual review letter.
16. Mrs X made a further application in September 2023. A report considering Mrs X’s housing needs indicated the property could be adapted. The policy at that time did not allow a tenant to be on the housing register if their property could be adapted to meet needs. In December 2024, the Council introduced changes to its allocation policy which meant Mrs X’s application was moved into Band One, the highest priority band.
17. Mrs X has not been offered a property since moving into Band One. In response to my enquiries the Council says there are currently 33 applicants on the Housing Register waiting for a five bedroom property. Including Mrs X, four applicants require a property with adaptations. Since December 2023, three five bedroom properties have been allocated to tenants on the housing register. The information provided by the Council indicates the successful applicants had been on the housing register waiting for a five bedroom property since 2019, 2018 and 2021 with two of the applicants experiencing severe overcrowding.
18. In January 2024, an occupational therapy (OT) assessment recommended rehousing for Mrs X. Mrs X’s condition had deteriorated and following a hospital admission she required a powered wheelchair. However, it could not be provided as it would not fit through the doors in her home. A surveyor visited Mrs X in June 2024 and concluded it was not possible to undertake adaptations that would have a significant positive impact. It was felt that some temporary changes could be provided but this would require a new OT assessment.
19. Mrs X had contacted the Council in May 2024 about her housing situation. She explained that she had been told no more adaptations could be made and that she needed to move on medical grounds. Notes on the housing record indicate the Council was aware of Mrs X’s needs but that it would be really difficult to identify a suitable property. It said its lettings team had exhausted the options to help this family and this would be another case that would just have to wait.
20. Mrs X made another call to the Council saying that she was unintentionally homeless as her property was not suited to her medical needs. An officer told Mrs X that as she had a tenancy she would not be classed as homeless and that the matter needs to go to a housing officer. In August 2024 the Council agreed to contact other boroughs. I have not seen any evidence which shows it did this or what the outcome was. However, there is evidence dated November 2025 about its approach to two other boroughs who were unable to help.
21. An officer called Mrs X in December 2024. I have not seen any notes of what was discussed. In response to my enquiries about whether Mrs X had ever made a homelessness application the Council mentioned this discussion and said Mrs X did not proceed with an application until August 2025.
22. The Council says that around this time Mrs X also approached another borough about moving there and said this meant the homelessness application did not progress. Mrs X told the Council in October 2025 she had withdrawn her approach to this other council. There is no further evidence provided about what happened with the homelessness application.
23. The Council had identified a possible property for Mrs X to move to. However, it later decided this property would offer less for the family’s needs than their current property. The Council wrote to Mrs X on 7 November 2025 saying that it would continue to work closely with the lettings team but that large properties are very rare and it did not anticipate any suitable properties becoming available in the near future. The letter mentioned two options for adaptations and said it was waiting for comments on them from Mrs X and the OT.
24. Recently a further OT assessment has been completed. Mrs X has expressed her frustration with this action and has refused to engage further with the OT.

Analysis

25. The Housing Ombudsman upheld Mrs X’s complaint about the Council’s response to Mrs X’s request for adaptations finding the Council’s decision making processes were subject to delays and that it did not effectively communicate with Mrs X. It said the Council could have established what adaptations it could or could not do at an earlier stage and told Mrs X of the outcome. It said this would have allowed the Council and Mrs X to focus on rehousing or refer the matter back to the OT. However, it said this did not change the outcome for Mrs X because the Council could only undertake adaptations that were reasonable and practical and it had concluded any further adaptations would not have a significantly positive impact on how Mrs X could use her home.
26. Mrs X is housed in a five bedroom property which met her needs in the past. However, as her condition has deteriorated this has changed. Mrs X now requires a powered wheelchair but cannot use one at it will not fit through the doors in her property. The information provided indicates the Council’s efforts to meet Mrs X’s needs were focussed on trying to adapt the current property rather than moving the family.
27. I cannot say the Council was wrong to initially focus on adapting the current property as Mrs X and her family require a large property and there is a shortage of suitable properties of that size. However, the OT said in January 2024 that Mrs X’s needs could not be met at her current property. There is no evidence to suggest the Council took action in a timely manner when it was aware of this. I have not seen any information to show the Council’s response to the OT assessment or that it explained this to Mrs X.
28. The Council is now saying that it has been exploring a twin approach of looking for alternative accommodation as well as looking at whether the property could be adapted to accommodate a powered wheelchair. However, it does not appear to have effectively communicated this to Mrs X or the limitations of temporary accommodation offers if she were to be treated as homeless.
29. In January 2024, the Council knew the property was not suitable for Mrs X’s needs. This should have triggered it to take action and consider whether it was reasonable to expect Mrs X to continue to occupy the property or whether it should consider her homeless. Mrs X contacted the Council in May 2024. It is clear she was seeking further help to remedy the housing problems she was experiencing. Mrs X contacted the Council saying she was unintentionally homeless because the property did not meet her needs. The notes I have seen shows the Council dismissed this saying she could not be homeless as she had a tenancy. This is clearly wrong and therefore fault.
30. I have seen no evidence to show what specific action the Council took to try to find a suitable property for Mrs X and her family. It was not wrong to continue to look at what short term adaptations could be carried out but it should also have considered a homeless application and action to provide alternative, suitable accommodation. The failure to do this is fault.
31. The information provided by the Council in response to my enquiries shows action was taken by the Council to contact other boroughs as well as sourcing an alternative property but not until September 2025 and this did not result in the Council finding suitable alternative accommodation for Mrs X.
32. As a result of the Council’s failure to take prompt action after the OT assessment in January 2024, Mrs X has been living in unsuitable accommodation for almost two years longer than she should have. I recognise that large properties that could accommodate Mrs X and her family are in short supply but I have not seen evidence that the Council has taken appropriate steps in advance to meet the needs of larger families. I am not persuaded the Council has done all that it could have to try to secure alternative accommodation and limit the injustice caused to Mrs X.

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Action

33. To remedy the injustice caused to Mrs X as a result of the faults identified in this case the Council will, within one month of my final decision, take the following action:
• Apologise to Ms X for the fault identified. 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
• Make Mrs X a symbolic payment of £5,500 (£250 x 22 months) to recognise the distress caused as a result of remaining in unsuitable accommodation;
• Arrange a meeting with Mrs X to set out the housing options so she can make an informed decision and then agree a way forward with the focus on providing suitable accommodation;
• Review how it procures larger properties to increase the supply for larger families in unsuitable accommodation in the future.
34. The Council should provide us with evidence it has complied with the above actions.

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Decision

35. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman