Summary: Miss X complained she was forcibly removed from temporary accommodation and then the Council disposed of her belongings. We find the Council at fault for failing to investigate her complaint about her removal and for failing to consider or act on its duty to protect her property. These failings caused Miss X distress and uncertainty. The Council has agreed to apologise, make a payment to Miss X, and take action to improve its services.

The complaint

1. Miss X complained that she was forcibly removed from her accommodation by the provider after the Council discharged its housing duty.
2. She also complained that the Council later disposed of some of her belongings when she was unable to collect them.
3. She says as well as the loss of the items, her physical and mental health have been affected.

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The Ombudsman’s role and powers

4. 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)
5. 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.
6. 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)

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How I considered this complaint

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

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What I found

Homeless

9. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them [and anyone who lives with them to continue to live there. (Housing Act 1996, Section 175)
10. If councils are satisfied applicants are homeless and eligible for assistance, they must take reasonable steps to secure accommodation. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. The relief duty lasts 56 days. (Housing Act 1996, section 189B) 
11. 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)
12. If, at the end of the relief duty, a council is satisfied an applicant is 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. (Housing Act 1996, section 193) 
13. The Council can end its main duty if an applicant is intentionally homeless from accommodation the council has provided to meet the main housing duty.  

Review timescale and right of appeal

14. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:

• intentionally homeless;
• suitability of accommodation.

15. These periods can be extended if the applicant agrees in writing.

Accommodation pending review

16. Applicants may ask a council to provide accommodation pending the outcome of a review. Councils have a power, but not a duty, to accommodate certain applicants and members of their household. (Housing Act 1996, sections 188(3), 199A(6), 200(5))

Protection of belongings

17. 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

18. Miss X and her family are homeless. The Council accepted that she was homeless, eligible for assistance and in priority need, and placed the family in interim accommodation located outside London.
19. In October 2023, the Council accepted the main housing duty, and the placement became temporary accommodation.
20. In March 2024, the Council offered Miss X alternative temporary accommodation in another London borough. She refused the offer. The Council decided the offer was suitable, found her intentionally homeless, and discharged the main housing duty. It gave her four weeks’ notice to leave the property.
21. Miss X remained in the accommodation after the notice period expired. About a week later, the accommodation provider took possession of the property. Miss X says staff entered, forced her to leave, and she was only able to pack a small bag of essentials. The provider told her she had to collect her remaining belongings, within seven days, as set out in the terms she had signed on arrival.
22. Miss X asked for a review of the Council’s decision to discharge the housing duty and to be accommodated while this took place. The Council agreed and placed her in hotel accommodation in London.
23. In April 2024, the provider told the Council Miss X had not collected her belongings and that it would dispose of them that week. The Council contacted Miss X, who said she could not travel the long distance, had no transport or storage, and limited space in her hotel room.
24. The provider contacted Miss X directly and reiterated that the items must be collected by 10am the next day or they would be disposed of.
25. The Council asked the provider to extend the deadline by a week so Miss X could arrange help. The provider refused.
26. Miss X then asked the provider to move her belongings into a garage. A week later, the provider confirmed it had done so and gave her a key-safe code for access.
27. When Miss X visited in May, she said many of her belongings had already been discarded, lost, or taken, leaving only a few clothes.
28. A social worker later reported that Miss X said her furniture had been left in the property and was being used by the new occupants. The provider told the Council that if she believed theft had occurred, she should contact the police, and it accepted no liability for items left after the booking ended.
29. Miss X complained to the Council in May about the loss of her belongings. The Council said the provider had given her opportunities to collect them but disposed of them three weeks after she left. It acknowledged her hotel room was small but said transport and storage were her responsibility.
30. A Citizens Advice worker also raised concerns that Miss X’s belongings had been disposed of and used to furnish the property. The Council said she would need to take legal action against the provider if she believed it had acted unlawfully.
31. In October, Miss X complained again about the disposal of her belongings. The Council re-sent its earlier response and asked her to specify any new issues. Miss X explained she had been in hospital, could not afford transport or storage, and said she had been forcibly removed from the property when the locks were changed.
32. In December, Miss X chased a response. The Council said it had not received her October complaint, so she re-sent it. The Council acknowledged receipt and said it would respond in January 2025.
33. When Miss X chased again in April 2025, the Council accepted it had failed to provide a response. It said that once the provider became involved in April 2024, it no longer owed Miss X a housing duty. The Council explained it considered the provider to be acting on its own behalf and declined to accept her complaint, as it did not believe any further comment could usefully be made beyond its May 2024 position.
34. In response to my enquiries, the Council said it no longer owed Miss X a housing duty once it became clear she had made no arrangements for her belongings after her temporary accommodation placement ended. It said it is satisfied that the duty to protect her property did not apply because:
• she was given extra time to collect her belongings from the property; and
• her items were later moved to a location of her choice, a secure garage, where she collected them.
35. The Council said it therefore considered whether it had a duty to protect her belongings and decided it did not.
36. The Council also said it had not investigated Miss X’s allegation of forcible removal because she had not raised this as a complaint. However, it had since contacted the provider, which said it had sent a man and woman to change the locks but could not provide further details due to the time elapsed.

My findings

Alleged forcible removal from the property

37. Miss X says she was forcibly removed from the accommodation by the provider’s staff. While I cannot determine what happened, the Council had a responsibility to ensure providers acting on its behalf manage the end of accommodation placements safely and appropriately.
38. When Miss X later complained about her removal, the Council should have investigated and made enquiries with the provider. It failed to do so. This was fault. I cannot say, even on the balance of probabilities, what the outcome of an investigation would have been, but the Council’s failure to act caused Miss X distress and uncertainty.

Protection of belongings

39. The Council has since said it is satisfied the duty to protect Miss X’s belongings was not engaged. It said this was because she was granted extra time to collect her possessions before they were moved, and because they were later moved to a secure location she had requested. On that basis, the Council concluded it did not owe a duty to protect her property.
40. However, there is no evidence the Council considered this duty at the time. Its position appears to have been reached only retrospectively.
41. When the provider told the Council it intended to dispose of Miss X’s belongings, the Council learnt she could not travel to the property, had no transport or storage, and was living in a small hotel room a long distance away. This created a clear risk her belongings would be lost or destroyed.
42. Although the Council asked the provider to extend the collection deadline, it accepted the provider’s refusal and took no further action, despite knowing that disposal was imminent. At this point, it should have considered whether it had a duty to protect her property. Its failure to do so was fault.
43. It was Miss X, not the Council, who arranged for the provider to move her belongings into a garage. The evidence suggests the Council was not involved in, or aware of, this arrangement and did not check whether her belongings were moved, collected, or disposed of until her later complaint.
44. In its May complaint response, the Council said Miss X’s belongings were disposed of because she had not collected them in time and that transport and storage were her responsibility. The Council’s failure to consider or act on that duty led to the disposal of Miss X’s belongings and caused her avoidable distress and uncertainty. I cannot determine exactly which items were disposed of, or the value of any loss. These are matters that would need to be decided by the courts.

Complaint handling

45. Miss X first complained in May 2024 and again in October 2024, providing new information about her removal from the property. The Council responded to the first complaint but did not acknowledge or respond to her renewed complaint for several months and repeated its earlier response without addressing her new concerns.
46. This delay and failure to address new issues was poor complaint handling and therefore fault. It caused Miss X avoidable frustration, uncertainty, and the time and trouble of pursuing her complaint.

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Action

47. To remedy the injustice caused by the above faults, within four weeks of the date of our final decision, the Council has agreed to:  
• apologise to Miss X in line with our guidance on Making an effective apology;
• pay Miss X £500 to recognise the uncertainty and distress caused by the failure to consider or act on its duty to protect her belongings;
• pay Miss X £200 to recognise the time and trouble caused by its poor complaint handling; and
• using this case as an example, issue guidance to relevant staff that clearly sets out the Council’s duties and powers to protect property.
48. The Council should provide us with evidence it has complied with the above actions.

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Decision

49. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman