Summary: We have found the Council at fault for failing to inform Mrs X of her review rights when it offered her temporary accommodation. This caused Miss X and her children to be without suitable accommodation for over a year. The Council has agreed to apologise and make a symbolic payment to Miss X to remedy her injustice.

The complaint

1. Miss X complained about how the Council handled her homelessness application. She said that she has been sofa-surfing and rough sleeping with her two children for a year.

Back to top

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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), 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. My investigation period starts in February 2024 when Miss X and her children were evicted. I have not investigated beyond April 2025 as the Council had made Miss X aware of her right to request a review at this stage.

Back to top

How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss 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 main housing duty

8. 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)

Differences between interim and temporary accommodation

9. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
10. 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)
11. 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.
12. 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)
13. 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.
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. 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.

Suitability of accommodation

16. 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 accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
17. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
18. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:
• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

Review rights

19. Homeless applicants may request a review within 21 days regarding the suitability of accommodation 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.

What happened

20. Miss X and her children approached the Council as they were threatened with homelessness. The Council accepted the main housing duty in September 2023. The Council’s assessment, including the medical officer’s advice stated that Miss X had no specific housing needs. It stated that B&B accommodation, out of borough and private rented sector properties would be suitable.
21. In February 2024, Miss X and her children were evicted. The Council offered Miss X ‘emergency accommodation’ on the day she was evicted. Miss X declined the offer as it was too far from her job and the children’s school. The Council did not inform Miss X of her review rights.
22. Miss X said she and her children slept on friends’ sofas in February and March 2024. The Council continued to offer the same property in the location that Miss X had rejected. It said that this was all that was available due to the chronic housing shortage in the area. The Council encouraged Miss X to find her own private rented accommodation.
23. Miss X complained to the Council in August 2024. The Council apologised for not informing Miss X of her right to request a review of the suitability of the offered temporary accommodation in February and March 2024. It said it had:
• reminded officers to fully inform applicants of their review rights in future
• backdated Miss X’s priority on the housing register
• offered Mrs X £300 in recognition of the oversight.
24. It advised Miss X to accept the out of borough property and request a review if she deemed it unsuitable.

Update

25. In April 2025, the Council made Miss X another offer of temporary accommodation in a different area but that was still some distance from her job and the children’s school. Miss X refused the offer. The Council informed her of her review rights.

My findings

26. I have found the Council at fault for failing to inform Miss X of her review rights. The Council accepted the main housing duty in September 2023. Therefore, when it offered accommodation in February 2024, this was temporary accommodation (not interim or emergency). Offers of temporary accommodation should come with review rights.
27. The Council continued to offer Miss X the same property (or property within the same location) although Miss X had rejected the previous offers due to the distance from her job and the children’s school. The Council repeatedly failed to tell Miss X that she could ask for a review of the suitability of the offered property. This was fault.
28. As a result of the Council’s fault, Miss X and her two young children remained without suitable accommodation between February 2024, when they were evicted and April 2025 when Miss X was advised of her review rights.
29. Given the length of time and the vulnerability of the family, the Council has agreed to make a payment of £350 per month for those months spent without suitable accommodation. This equates to £5,250 for the 15 months.

Back to top

Agreed action

30. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise for failing to inform Miss X of her review rights.
2. Pay Miss X £5,250 in recognition of the time she and her children spent without suitable accommodation.
31. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

32. I have found the Council at fault for how it handled Miss X’s homelessness case. This left Miss X and her children without suitable accommodation for a long period. The Council has agreed to remedy Miss X’s injustice.

Back to top

Investigator's decision on behalf of the Ombudsman