Summary: Mr X complained about the Council’s handling of his homeless application. The Council was at fault for failing to notify Mr X of his review rights after it decided it no longer owed him a housing duty in May 2024. It was also at fault for its delayed and confusing responses to Mr X’s complaint. However, the Council was not at fault for failing to consider the suitability of his interim accommodation as Mr X moved out before the Council had time to review this. The Council has agreed to apologise, reinstate Mr X’s right of review and make a symbolic payment to remedy the distress, frustration and uncertainty caused.

The complaint

1. Mr X complained about the Council’s handling of his homeless application. Mr X complained the Council:
• placed him in unsuitable interim accommodation;
• wrongly closed his housing application in May 2024 without notifying him; and
• delayed responding to his complaint.
2. Mr X said this caused him distress, frustration and uncertainty as his needs had gone unmet for longer than necessary.

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The Ombudsman’s role and powers

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 future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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.
5. 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

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr 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 have and have not investigated

8. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended).
9. Some of Mr X’s complaint is late. He said he initially contacted the Council for housing assistance in March 2023 but did not come to us until December 2024. I have exercised discretion to investigate the period from December 2023 when the Council decided it owed Mr X a housing duty. I have ended the investigation in December 2024 when he came to us. It was reasonable for Mr X to complain to us earlier about matters before December 2023.

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What I found

Relevant law and guidance

Homeless or threatened with homelessness

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Guidance) set out councils’ powers and duties to people who are homeless or threatened with homelessness. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness.

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)

Review rights

12. Homeless applicants may request a review within 21 days of being notified of what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness.

Duty to arrange interim accommodation (section 188)

13. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
14. 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)
15. There is no statutory right to review the suitability of interim accommodation.

Council’s complaints policy

16. This Council’s policy says it will acknowledge stage one complaints within five working days and it will provide a response within 10 working days of the acknowledgement being sent.
17. The policy says it will acknowledge stage two complaints within five working days and it will provide a response within 20 working days of the acknowledgement being sent.

What happened

18. Mr X requested housing assistance from South Gloucestershire Council in March 2023 when he was in the process of being evicted from a privately rented property where he had lived for five years in an area covered by a different council, Council B. Mr X has neurodevelopmental and mental health conditions.
19. The Council accepted no housing duty to Mr X and instead referred his housing application to the Council where he had most recently been living, Council B, as it said he had a local connection to that area. Council B accepted the referral of Mr X’s homeless application and made him an offer of accommodation which he refused.
20. In December 2023, Mr X contacted the Council again. He said he had been staying with someone he knew in the South Gloucestershire area but they had asked him to leave the property and he was now living in his car.
21. The Council carried out a housing assessment and in January 2024, the Council told Mr X he was eligible for housing assistance, and it owed him the relief duty. The Council also secured interim accommodation for Mr X.
22. At the end of January, Mr X moved into the interim accommodation and requested a review of the suitability of the interim accommodation. The Council responded early February saying there was no statutory right of review but that it would consider the concerns he had raised.
23. At the end of February, Mr X was evicted from the property for not following the terms and conditions of his tenancy agreement. Mr X’s opinion was that he did follow the terms and conditions of his tenancy agreement.
24. The Council made Mr X aware of the reasons he was evicted and it offered him further interim accommodation, but Mr X did not accept this. Mr X continued to sleep in his car and stay with people he knew in the area. The Council confirmed it would not discharge its relief duty to Mr X for refusing the accommodation.
25. In May 2024, the Council issued Mr X a letter ending its relief duty. It said it had no further contact from him since February 2024 so it had assumed Mr X had resolved his housing situation. It advised him if he did not agree with this decision, he had a right to ask for this to be reviewed. Mr X denies receiving this letter and the Council has not been able to provide evidence it sent the letter to Mr X.
26. Mr X provided records showing he contacted the Council in March 2024 requesting self-contained interim accommodation. The Council offered him interim accommodation in a house with shared facilities, but he declined. Mr X did not contact the Council again until June.
27. In September 2024, Mr X raised a stage one complaint. He said:
• The Council did not accept until December 2023 that he had a local connection despite being homeless since March 2023;
• He was placed in interim accommodation which was unsuitable due to his severe mental health issues; and
• He was informed in September 2024 that his housing application was closed due to lack of contact, despite being in contact with the Council.
28. The Council issued a stage one complaint response in October 2024 stating it was satisfied it had given the correct advice and assistance.
29. In November 2024, Mr X escalated his complaint to stage two of the complaints process. The Council issued another stage one response in December 2024 reiterating its initial response.
30. Mr X was dissatisfied with the Council’s handling of the matter and complained to the Ombudsman.
31. Mr X requested again in January 2025 for a stage two response. The Council said it issued a stage two response on 23 May 2025. However, Mr X has provided records to show the Council re-sent its stage one response on this date.

The Council’s response to our enquiries

32. The Council said it was aware of Mr X’s mental health conditions from the point he initially approached the Council as homeless. The Council said it considered this when it offered him interim accommodation. It said the accommodation was a 15-minute drive from his GP so he could continue to access support for his mental health.
33. Regarding the letter it sent Mr X in May 2024 ending its relief duty, the Council said it sent this via email. However, the Council does not have a copy of the email and it is not recorded in Mr X’s case file.

My findings

Unsuitable interim accommodation

34. Mr X complained the Council placed him in interim accommodation which was unsuitable for his mental health. The Council considered Mr X’s health conditions and placed him not far from his GP so Mr X could continue to get support for his mental health. The Council took account of Mr X’s circumstances and provided him with accommodation it considered to be suitable without fault.
35. Mr X requested the Council review the suitability of the accommodation shortly after being placed in it. There is no right of review for the suitability of interim accommodation but the Council said it would consider his concerns. Mr X’s tenancy ended two weeks after this for non-compliance with his tenancy agreement. We would not expect the Council to review Mr X’s concerns in this short timeframe and therefore, it was not at fault.

End of relief duty

36. In May 2024, the Council wrote to Mr X to tell him it was ending its relief duty as it had no further contact from him since February 2024. Mr X has provided records to show he did have contact with the Council in March 2024 but has confirmed he did not contact the Council again until June, three months later.
37. The Council in its letter informed Mr X he could request of review of its decision to end its relief duty. However, the Council has been unable to provide any evidence it sent Mr X the decision letter. Mr X also said he did not receive this letter. On a balance of probabilities, the Council failed to send Mr X its decision letter which was fault. As a result, Mr X was unable to request a review of its decision to end its relief duty. This has caused Mr X distress, frustration and uncertainty about the housing duty owed to him.

Complaints process

38. Mr X complained about the Council’s complaint handling. Mr X made his initial complaint in September 2024 and the Council issued two stage one complaints in October and December 2024. Despite multiple requests from Mr X, the Council failed to issue a stage two complaint response to date which was fault. The Council should have issued this within 20 working days in line with its complaints policy. Whilst the Council said it sent a stage two response in May 2025, Mr X has provided records to show the Council re-sent him the stage one complaint from December. The fault has caused Mr X distress, frustration and uncertainty.

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Action

39. Within one month of the final decision, the Council has agreed to:
1. Apologise to Mr X for the distress, frustration and uncertainty caused by its complaint responses and its failure to provide him with his statutory review right. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Pay Mr X £400 to recognise the distress, frustration and uncertainty caused by its complaint responses and its failure to provide him with his statutory review right.
3. Give Mr X the opportunity to request a review of its decision to end its relief duty in May 2024.
4. Review how it ensures housing duty letters are sent to and received by applicants.
5. Share the learning from this investigation with relevant officers who facilitate stage two complaints to ensure complaints are sent within the timescales set out in its complaint policy.
40. The Council should provide us with evidence it has complied with the above actions.

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Decision

41. 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