Summary: We have found the Council at fault for failing to notify Miss X that it had accepted the main housing duty. This delayed Miss X’s review rights and caused her avoidable distress. The Council has agreed to apologise and pay Miss X a symbolic payment in recognition of the avoidable distress.

The complaint

1. Ms X complained about the Council’s handling of her housing case after she became homeless as a result of domestic abuse. She said the Council did not take her situation seriously, and did not communicate appropriately with her, ignoring her communications and those of organisations supporting her. She said the Council’s response to her complaint was unhelpful.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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(1), as amended)

Back to top

What I have and have not investigated

5. I have investigated how the Council handled Miss X’s homelessness application. I have started my investigation from May 2023 when Miss X first reported that she felt unsafe in the temporary accommodation.
6. Section 26B applies here as this is more than 12 months before Miss X brought her complaint to us. I have exercised my discretion to look back to May 2023 because Miss X was fleeing domestic abuse, and it would not have been reasonable to expect her to complain sooner.
7. I have ended my investigation in August 2024 when Miss X brought her complaint to us.

Back to top

How I considered this complaint

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

Back to top

What I found

Law and guidance

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. 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

11. 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

12. 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)

Review rights

13. Homeless applicants may request a review of the suitability of accommodation within 21 days of it being offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Interim and temporary accommodation

14. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
15. 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)
16. 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.
17. 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)
18. 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.
19. 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)
20. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

What happened

21. Mrs X approached the Council in February 2023. She was homeless due to fleeing domestic abuse. The Council provided Mrs X with interim accommodation and accepted the relief duty.
22. In May 2023, Mrs X told the Council that she no longer felt safe in the property as she had seen a friend of the perpetrator nearby. She said that she was concerned that they could tell the perpetrator where she is living.
23. The Council investigated Miss X’s concerns and asked her to provide a list of areas that she perceived as being unsafe. The Council explained there was a shortage of properties and assisted Miss X to find a private rented property.
24. In August, Miss X requested an update from the Council. The Council apologised for the lack of communication. It said that Miss X should have received a letter from the Council in May where it accepted the main housing duty. This meant the accommodation was now classed as temporary accommodation and she could request a review of the property’s suitability.
25. Miss X requested a review. She said the property was unsuitable following the incident that took place in May. The Council carried out a review and determined the property was reasonable and suitable accommodation for Miss X’s needs. Miss X was unhappy with this decision.
26. The Council gave Miss X opportunities to submit further evidence to support her reasoning for the property being unsuitable. Miss X said she was unable to do this as she was dealing with a court case regarding a joint tenancy with her ex-partner (the perpetrator).
27. Over the next year, Miss X continued to tell the Council that she felt unsafe in the temporary accommodation, and it was therefore unsuitable. The Council said that because the incident had taken place over a year ago and there had been no further incidents, the property was safe and suitable. However, due to the anxiety the situation was causing Miss X, the Council made a discretionary decision to consider alternative temporary accommodation for Miss X.
28. Miss X brought her complaint to the Ombudsman in August 2024.

Update

29. In October 2024, the Council was working with Miss X to secure private rented accommodation for Miss X. However, due to the specific needs of the family, including the number of risk areas identified, the Council was unable to find suitable accommodation.
30. In December 2024, Miss X asked the Council to withdraw her housing application so that she could approach other councils. The Council closed Miss X’s case and ended its duty in February 2025. She moved out of the temporary accommodation in April 2025.

My findings

31. The Council did not notify Miss X that it had accepted the main housing duty in May 2023. It was only when she asked for an update in August that the Council told her this. This was fault and it delayed Miss X’s review rights. This caused Miss X frustration and uncertainty but did not ultimately affect her housing situation. This is because when the Council carried out a review of the suitability of the property, it decided it was suitable.
32. When Miss told the Council she felt unsafe following the incident in May 2023, the Council investigated. It spoke to Miss X and collected details of what happened, it then reached a balanced decision. It said that where Miss X saw the perpetrator’s friend, was a location visited by people from across London. Therefore, the friend would have no reason to believe that Miss X lived close by.
33. The Council decided that the property was suitable, and Miss X was not at risk.
34. Our role is not to ask whether the Council could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
35. I have considered the steps the Council took to consider the issue, and the information it took account of when deciding that miss X’s property was suitable. There is no fault in how it took the decision, and I therefore cannot question whether that decision was right or wrong.

Back to top

Agreed action

36. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for failing to notify her that it had accepted the main housing duty and delaying her review rights.
2. Pay Miss X £250 in recognition of the frustration and uncertainty that the Council’s poor communication caused Miss X.
3. Remind relevant staff of the need to follow procedures when dealing with homelessness cases.
37. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

38. I have found the Council at fault for failing to notify Miss X that it had accepted the main housing duty. This delayed Miss X’s review rights and caused her avoidable distress. The Council has agreed to apologise and pay Miss X a symbolic payment in recognition of the avoidable distress.

Back to top

Investigator's decision on behalf of the Ombudsman