• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Agreed action
• Final decision

The Ombudsman's final decision:

Summary: There was fault by the Council and the agents acting on its behalf. The agents disposed of Mrs B’s belongings while she was in hospital and cannot show that it tried to alert her to this. It also did not take an inventory of the items. I am concerned that there was no formal written warning to Mrs B before she was evicted from hostel accommodation but it is unlikely that this would alter the outcome here. The Council should apologise to Mrs B for the distress it caused her, make a payment in recognition of this and her lost belongings, and consider a fair process for eviction where the occupier has not signed a written agreement.

The complaint

1. Mrs B complains the Council’s agents acting on its behalf:
   • Wrongly evicted her from interim hostel accommodation; and
   • Wrongly took and disposed of her belongings.
2. Mrs B says that this has caused her distress and she feels humiliated and left with nothing.

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The Ombudsman’s role and powers

3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
4. We decide whether there has been ‘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)
5. If we are satisfied with a council’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

6. I considered the information provided by Mrs B. I considered the information provided by the Council including its file documents, case notes and emails with the hostel provider. All parties have had the opportunity to comment on a draft of this statement. I have taken their comments into account in reaching my final decision.

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What I found

The law

7. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is known as the relief duty. 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 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)
9. Where the council owes or has owed certain housing duties to an applicant, it must protect the applicant’s personal property if there is a risk it may be lost or damaged. A council may make a reasonable charge for storage and reserve the right to dispose of the property if it loses contact with the applicant. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)

What happened

10. Mrs B was homeless and approached the Council for help in September 2019. The Council accepted that it owed her a relief duty. It placed her in a hostel as interim accommodation on 13 September. The hostel is run on behalf of the Council.
11. Later that month, Mrs B learned the booking was cancelled. The hostel provider had changed the locks because Mrs B had not signed the licence agreement to occupy the room, and had not claimed housing benefit or paid any rent. However, the Council’s homelessness team intervened and persuaded the provider to allow Mrs B to occupy a room on the basis that she signed a licence agreement and would claim housing benefit the following week. The Council’s case notes say it tried to contact her several times that day to let her know this but could not reach her.
12. I understand the hostel provider allowed Mrs B to continue to occupy this room. However, in December 2020, the Council’s records say that Mrs B was not staying at the hostel and so it ended its relief duty.
13. In January, the hostel provider told the Council it was going to change the locks again because Mrs B had not signed a licence agreement, claimed housing benefit or paid any rent. The case notes show the Council telephoned Mrs B that day telling her that she should sign the forms or she would be evicted. Mrs B said she had already signed the forms and so would not do it again. The case notes say the Council told Mrs B that if she did not sign the forms, the locks would be changed and she would need to find somewhere else to live.
14. The Council said it would pay the housing benefit but the provider said that Mrs B had also broken rules of behaviour and so it was not willing to allow Mrs B to stay even if the rent was paid. The Council later found that although its housing benefit team had received a licence agreement for Mrs B, it was not signed by her.
15. I understand that Mrs B was refusing to complete the forms because she said she had already done this with the manager of the hostel. She also says that a member of the hostel staff told her not to sign the forms until the manager was available. Under the standard licence agreement, either party can terminate the licence to occupy with 24 hours’ written notice. The Council asked the hostel provider if it had given Mrs B written warnings or a notice that she would be evicted. It said it had not and did not need to because she had not signed the licence agreement.
16. The hostel provider changed the locks and cleared Mrs B’s belongings from the room. Mrs B says the hostel staff told her that it would keep these for her.
17. The Council offered Mrs B alternative interim accommodation. However, at the beginning of March, Mrs B was admitted to psychiatric care where she stayed for nearly two months. On her discharge from hospital, Mrs B asked for her belongings from the hostel. The hostel provider confirmed that it had kept her belongings for three months and then disposed of them. It says it tried to contact Mrs B before it did so but could not reach her. The hostel did not tell the Council it was disposing of Mrs B’s belongings or keep a record of its attempts to contact Mrs B. The hostel had not made an inventory of the belongings but said it was three bags of clothing. Mrs B says there was her documentation including her passport, her TV and music system, all her kitchen equipment, all her clothes, and photographs of her children.

Was there fault by the Council causing Mrs B injustice?

18. In the course of my investigation, the Council has acknowledged, that neither the Council nor the hostel provider acting on the Council’s behalf, adequately protected Mrs B’s property. The provider did not take an inventory of the belongings and cannot evidence that it tried to contact Mrs B before disposing of her belongings. This was fault by the Council and the hostel provider, and caused Mrs B distress.
19. The parties do not agree on what possessions were discarded; a dispute that could have been avoided had the Council or its hostel provider followed the correct procedure. I have recommended that the Council pay a symbolic sum to Mrs B, that at least compensates her for the cost of replacing her passport and a figure toward replacing her other belongings.
20. Based on the information I have seen so far, it seems neither the Council nor the hostel provider gave Mrs B formal notice that it would end her occupation of the room and change the locks in January 2020. I appreciate that both had told Mrs B that she risked eviction and the hostel had already changed the locks once in September 2019. It was reasonable to assume that Mrs B understood that this could happen again. Ideally, the Council and the hostel provider should agree a process for dealing with this type of situation.
21. While I am concerned there was no written warning or notice, I am not persuaded that in this case, it would have altered the outcome. The hostel provider would only have needed to give Mrs B 24 hours’ notice to terminate her occupation, even if she had signed the licence agreement. This means that despite any misgivings, there was limited injustice to Mrs B here.

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Agreed action

22. The Council says it will advise the hostel provider of the specific legal responsibilities for storing and disposing of belongings so that this does not happen again. The hostel says it will ensure that it adheres to these.
23. In addition, the Council will within a month of this decision show the Ombudsman it has:
    • Apologised to Mrs B for the disposal of her belongings and the distress this caused her;
    • Paid to her £400 in recognition of the lost items and £150 in recognition of the distress and inconvenience the failings caused her;
    • Advised the hostel provider of its responsibilities for storing and disposing of belongings; and
    • Considered whether it should agree how to fairly and properly evict occupiers who do not sign a licence to occupy.

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Final decision

24. I have completed my investigation. There was fault by the Council and its provider acting on its behalf, and this caused Mrs B injustice.

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Investigator's decision on behalf of the Ombudsman

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