Summary: The Council has already accepted fault for failing to provide Mr X with interim accommodation for three nights in December 2023. However, it did not offer a suitable remedy for the significant injustice this caused. The Council has agreed to apologise and increase the remedy payment to Mr X. The Council has already acted to improve its services.

The complaint

1. Mr X complained that the Council failed to provide him interim accommodation for three nights in December 2023. As a result, he had to sleep rough. Mr X says this affected his physical and mental health.

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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 considered the complaint and the information Mr X’s representative provided.
5. I made written enquiries of the Council and considered its response along with relevant law and guidance.
6. I referred the Ombudsman’s guidance on remedies, a copy of which can be found on our website.
7. Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Interim accommodation duty

8. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
9. 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)

What happened

10. Mr X was homeless in November 2023. He approached the Council for help. The Council provided interim accommodation for two nights.
11. The Council told Mr X about the booking by text message. This said it would contact him again on 1 December about accommodation for that night.
12. No one from the Council contacted Mr X on 1 December. He had to leave the previous accommodation at midday. He then spent three nights over the weekend sleeping rough.
13. Mr X visited the Council’s offices on Monday and the Council provided new interim accommodation from that night.
14. Mr X’s representative complained to the Council on his behalf. In its stage one response, the Council accepted it did not contact him with new accommodation as it should have. It apologised for this.
15. The representative asked the Council to consider the complaint at stage two. They pointed out that the Council had not offered Mr X any remedy for the injustice caused. Nor set out what it would do to make sure it did not happen again.
16. In its stage two response, the Council explained that its failure was the result of “human error”. It said it would recommend that officers give people the emergency out of hours number when first arranging accommodation. The Council would also recommend the service review the case and understand what protocols it could put in place to prevent recurrence. To remedy the injustice to Mr X, the Council offered £150.

My findings

17. The Council has already accepted fault for failing to provide interim accommodation for Mr X for three nights in December 2023. The Council had a duty to provide Mr X with suitable interim accommodation. I agree the failure to do so was fault.
18. However, I am not satisfied that £150 is enough to remedy the injustice caused. The temperature across those days was below freezing. Mr X has physical health conditions which make him particularly vulnerable. I have therefore recommended an improved remedy.
19. In response to my enquiries, the Council explained that in addition to providing the out of hours telephone number, it has reviewed its process for booking accommodation. It now seeks to book accommodation one day before previous bookings ending. This allows more time to address any issues and makes sure people know where they will be staying in advance. This is a good service improvement which should prevent the same fault affecting others in future.

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Agreed action

20. To remedy the injustice to Mr X from the fault it has already accepted, the Council has agreed to:
• Apologise to Mr X in line with our guidance on Making an effective apology
• Pay Mr X £500 in recognition of the distress and physical discomfort caused by having to sleep rough for three nights in freezing temperatures.
21. The Council should tell the Ombudsman about the action it has taken within four weeks of my final decision.

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Final decision

22. I have completed my investigation. There was fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman