Summary: Mr B complained that the Council did not give him sufficient priority on the housing register and ignored his requests for a review. We find no faut in the way the Council reviewed its decision, but there was delay processing his homelessness application which affected his priority on the housing register. The Council has agreed to apologise and backdate Mr B’s housing priority.

The complaint

1. Mr B complains that the Council did not award him sufficient priority on the housing register and ignored his requests for a review of the decision.
2. Mr B says that his family is homeless and sofa surfing and the Council’s failings have affected his children’s education and wellbeing.

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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(i), as amended)

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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. In November 2024, Mr B 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.
19. Mr B also applied to join the Council’s housing register. When the Council assessed the application in March 2025, it decided that Mr B qualified for a Band B award. Mr B requested a review of the decision. He considered his family met the criteria for Band A.
20. Mr B contacted the Council’s homelessness team again, stating that he was being asked to leave his parents’ house. The officer spoke to Mr B about temporary accommodation. Mr B said that he would not accept any accommodation offered unless it was self-contained.
21. The Council then wrote to Mr B to tell him that it owed his family the relief duty.
22. The Council carried out the review of Mr B’s housing priority in April 2025. It upheld its decision to award Band B.
23. In July 2025, the Council wrote to Mr B to tell him that it owed his family the main housing duty. It said that temporary accommodation would be provided. However, Mr B decided not to accept it because he considers accommodation with shared facilities is not safe for his wife and children.
24. Following the Council’s decision that it owed Mr B the main housing duty, it reassessed his housing priority and awarded Band A.

Analysis

25. When the Council assessed Mr B’s application in March 2025, it had only accepted the prevention duty to him and his family. According to the Council’s housing allocation scheme, Band B is awarded to applicants who are owed the prevention duty. I have found no evidence of fault in the way the Council decided to award Band B.
26. The Council carried out a review of its decision to award Band B around four weeks after Mr B’s request. I am satisfied that the Council did not delay carrying out the review.
27. The Council’s housing allocation scheme states that Band A should be awarded to applicants who are owed the main housing duty, or applicants owed both the relief duty and the duty to accommodate. The Council has recently told us that 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 is amending the Housing Allocation Scheme to make this clear. Mr B decided not to move into temporary accommodation and so he did not qualify for Band A until the Council decided it owed him the main housing duty.
28. I consider the Council would have accepted the main housing duty sooner if there had been no delays by the Council. It accepted the prevention duty to Mr B in November 2024, the relief duty in March 2025 and the main housing duty in July 2025. If there had been no delays, I consider the Council would have accepted the relief duty by 20 January 2025 and the main housing duty by 17 March 2025.
29. I am satisfied that the Council offered temporary accommodation to Mr B, but he chose not to accept it. I do not consider Mr B has remained living in unsuitable accommodation due to any fault by the Council. However, I consider Mr B would have been awarded Band A sooner if there had been no delays. I consider the Council should backdate Mr B’s Band A award to 17 March 2025.

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Action

30. Within four weeks of my final decision, the Council will 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.
31. In the draft version of this statement, we recommended that the Council backdate Mr B’s award date to 17 March 2025. The Council then provided evidence to show that it has already backdated Mr B’s Band A award to an earlier date.
32. Following our investigations of similar complaints, the Council has recently agreed to take the following actions:
• 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.
• 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.
• 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.
33. As the Council has agreed to take these actions recently, I do not consider any further service improvement recommendations are necessary.
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 and uphold Mr B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman