Summary: Miss X complains the Council did not deal with her housing and homelessness properly, causing avoidable distress and incorrect housing priority being granted. The Council is not at fault.

The complaint

1. The complainant, whom I shall refer to as Miss X, complains the Council did not deal with her housing properly because it:
• failed to properly assess housing needs during a homelessness application
• failed to offer her suitable interim or temporary accommodation
• wrongly said would have to withdraw housing application if she accepted accommodation.
2. Miss X says she has suffered avoidable distress and her housing priority still isn’t correct.

Back to top

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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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

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

Back to top

What I found

Law, guidance and policies

8. 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.
9. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
10. 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. (Housing Act 1996, section 175(4) & (5)

11. 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.

12. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
13. Councils must provide to anyone in their district information and advice free of charge on preventing homelessness;

• securing accommodation when homeless;
• the rights of people who are homeless or threatened with homelessness;
• the duties of the authority;
• any help that is available from the authority or anyone else, for people in the council’s district who are homeless or may become homeless (whether or not they are threatened with homelessness); and
• how to access that help.

The prevention duty

14. 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. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)

The relief duty

15. 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

16. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (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)

Interim/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)

What happened?

23. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
24. Miss X made a number of homelessness applications to the Council. This complaint covers one of those applications which she made in May 2025.
25. The Council assessed Miss X’s circumstances and accepted a relief duty.
26. Miss X withdrew her application in June 2025.
27. Miss X complained to the Council in July 2025. The Council did not uphold Miss X’s complaint.
28. The Council has since considered further information Miss X provided to it in a subsequent homelessness application made in October 2025. The Council has accepted a relief duty, offered temporary accommodation, accepted a s193 main duty and offered Miss X permanent accommodation.

Analysis

Assessment of housing needs

29. I have reviewed:
• the assessment of Miss X’s homelessness application.
• Case records for Miss X from the Council.
• records from a social worker assigned to Miss X’s case from Kent County Council at the time.
30. The Council says:
• The officer dealing with Miss X’s case considered that further investigation was necessary, including obtaining updated medical evidence and considering the circumstances surrounding her departure from her previous accommodation.
• Further medical evidence would have been required before a final decision could be made regarding priority need.
• At interview, Miss X referred to physical and mental health issues; she stated that she had no support needs.
• No written correspondence was sent to Miss X requesting additional medical information in support of her application.
• Had the application remained open, a request for updated medical information would have been made in writing. Miss X withdrew her homelessness application approximately two weeks after the assessment, before any such written request was issued.
• Miss X made a further homelessness approach approximately one month later and at that stage, temporary accommodation was again not offered before the application was withdrawn. Subsequently, when Miss X approached the service again and her circumstances were assessed in greater detail, it was determined that there was sufficient evidence to accept a homelessness duty and provide temporary accommodation.
31. Miss X’s Personal Housing Plan (PHP) document shows the Council recorded detailed information about Miss X’s circumstances, including her housing situation, where she had been staying and information she disclosed about her medical circumstances.
32. The social worker’s records show that the Council had informed Miss X what her options were and had communicated this to the social worker. The social worker was unable to recall any information over and above that in the record provided. The record provided did not include any detail about the options referred to.
33. It is clear that the Council assessed Miss X’s application and made detailed records of this in her PHP.
34. There is no evidence of the Council giving Miss X incorrect information or advice.
35. Evidence from portal messages sent to the Council by Miss X shows she did not want temporary accommodation, she wanted secure permanent accommodation.
36. Miss X provided additional evidence to the Council later in the year to support she was a victim of domestic violence – but this information wasn’t available to the Council when it considered her situation in June 2025.
37. On the balance of probabilities, I find the following:
• the Council did not offer Miss X temporary accommodation immediately because it did not have sufficient information at that time to determine whether she was in priority need and she indicated she preferred and was willing to continue staying with family;
• Miss X made the decision to withdraw her application because her preference was for permanent accommodation and did so before the Council requested further evidence about the medical circumstances she raised in her assessment; and
• The Council acted appropriately when dealing with Miss X’s homelessness application. This is not fault by the Council.

Back to top

Decision

38. I find no fault.

Back to top

Investigator's decision on behalf of the Ombudsman