Summary: Mr X complained the Council failed to store his possessions when he was evicted and made homeless. There is evidence the Council offered to provide appropriate storage for Mr X’s possessions and it funded transportation of numerous items to storage facilities Mr X chose to arrange. We did not find the Council was at fault.

The complaint

1. Mr X complains the Council failed to store his possessions when he was evicted and after he had presented as homeless. This meant he had to arrange storage himself.

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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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How I considered this complaint

4. I spoke to Mr X and considered the information he provided. I asked the Council for information and considered its response to the complaint.
5. Mr X and the Council had an opportunity to comment on my draft decision. I spoke to Mr X to obtain his comments on the draft decision. I considered any comments received before making a final decision.

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What I found

Housing Act 1996, Section 211 Protection of a homeless person’s property

6. The Housing Act places a duty on local authorities to take reasonable steps to prevent the loss of a person’s property, or to mitigate damage, when it has reason to believe:
• there is danger the person’s personal property will be lost or damaged;
• the danger arises because the person is unable to protect it or deal with it; and
• no other suitable arrangements have been made.
7. The Council’s duty arises where the Council has a homelessness prevention or relief duty towards someone, or accepts a main housing duty. It also applies where the Council provides interim housing or accepts a short-term duty to accommodate someone who is found to be intentionally homeless.

What Happened

8. Mr X contacted the Council in December 2022 indicating his tenancy was possibly at risk.
9. In February 2023 the Council told Mr X that he would be placed in temporary accommodation upon eviction. It said only household items would be accepted for storage. It explained the types of items it could store. These included items like furniture, TV and personal items, small garden items such as tools and a lawnmower which he could not take to a hotel.
10. At the end of February, an officer agreed to put non-household items on the application form for storage to see if they were accepted but they could not guarantee they would be. I understand Mr X’s non-household items included solar panels, water butts, sheds, batteries and a large quantity of gravel.
11. The Council accepted a homelessness prevention duty on 17 February 2023.
12. In March the Council’s records state a decision was made not to pay for the storage of Mr X’s possessions because he had sufficient income to do so. It changed this decision in April and agreed to fund storage because the income Mr X had was from Personal Independence Payment (PIP) which was not for this purpose.
13. In April officers explained to Mr X that they would help with storing household items but they would not be able to store the non-household items he had.
14. In April Mr X visited a storage a facility himself and arranged storage of all his possessions. He moved much of his possessions there himself.
15. On 2 May Mr X was evicted from his property. The Council accepted a relief duty and it began providing interim accommodation to Mr X in a hotel. I note the Council agreed with the hotel that Mr X could store his vehicles there.
16. On 12 May the Council noted there were a number of household items and appliances left at the property. It arranged to pay for the removal and transportation of these items to the storage unit Mr X had arranged himself. This took place on 17 May.
17. Mr X complained that the Council was supposed to move his possessions into storage on the day of his eviction and it had not done so.

Was there fault by the Council

18. When councils accept a homelessness duty and provide temporary accommodation they have a duty to take reasonable steps to help someone protect their personal possessions and property. The law is not specific about what items have to be stored or protected. Rather, it requires the Council to take reasonable steps to mitigate the loss or damage that might otherwise be caused to someone’s possessions.
19. The Council told us Mr X had a lot of items to store. Some of these items were large and unusual items of garden paraphernalia and hardware. We have seen evidence that the Council agreed to provide storage for what it considered usual household possessions, including furniture, white goods, reasonable garden tools and equipment. However, it stated it could not store some of the large non-household items that Mr X had at his property. The Council made this decision clear to Mr X at various points both before and after he was evicted.
20. Mr X chose to source storage facilities for his possessions in April prior to his eviction. I understand this was to enable him to store his usual household possessions and the larger more unusual items he wished to. This was Mr X’s choice, but it is clear the Council was prepared to offer reasonable assistance to him.
21. I found no fault with the Council as it was clearly willing to provide storage for Mr X. Shortly after his eviction the Council also arranged and paid for numerous items to be moved to the storage facilities he had arranged. I am satisfied the Council had regard for its duty to provide assistance to Mr X with the storage and protection of his possessions and it was entitled to set out what it could and could not assist Mr X with.

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Final decision

22. There was no fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman