Summary: Miss X complained about the Council’s handling of her homelessness and housing application and that it did not provide reasonable adjustments to allow her to understand the process. There was no evidence fault in the Councils actions. It considered Miss X’s individual needs in its decision making and provided her with support. There was no fault in its offer of Bed and Breakfast accommodation to prevent Miss X’s homelessness.

The complaint

1. Miss X complained the Council failed to consider her needs against her homelessness and housing applications. She said she constantly needed to ask for it to explain the process and it sent her to different organisations for support with no resolution.
2. She said the process has caused her distress, uncertainty and frustration.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)

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What I have and have not investigated

5. I have investigated Miss X’s complaints from June 2024 until the Council’s final complaint response in May 2025.

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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 before making a final decision.

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What I found

Homelessness accommodation

8. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
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 interim accommodation. (Housing Act 1996, section 188)
11. 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 the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)

The prevention duty

12. 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

13. 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

14. 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)

Suitability of accommodation – including use of B and B

15. 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)
16. 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)
17. 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)

18. Wherever possible, Councils should avoid using bed and breakfast accommodation. (Homelessness Code of Guidance paragraph 17.33)
19. Bed and breakfast (B and B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B and B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

What happened

Housing allocation

20. Miss X submitted a housing register application in June 2024 and was assessed as Band 3 with a two-bed need. A change of circumstances was accepted in March 2025 and this was changed to Band 1 and a three-bed need.

Homelessness

21. The Council owed Miss X relief duty. After Miss X contacted the Council out of hours in September 2024, it placed her and her children in bed and breakfast (B and B) interim accommodation.
22. Miss X stayed in the B and B for approximately ten days before moving out to stay with family. Miss X said this was due to her vulnerabilities and the concerns of other family members.
23. The B and B advised the Council that Miss X and her children were no longer staying in the accommodation, Miss X’s housing officer contacted Miss X to confirm this.
24. In November 2024, after its relief duty came to an end, the Council accepted the main housing duty towards Miss X. It made enquiries with Mental Health services as it was concerned Miss X did not understand what the homeless process was able to achieve.
25. In December 2024 Miss X complained to the Council, she said:
• she needed more time to submit a review of her homelessness application because she had been sending emails to the housing association in error;
• her previous property had been sold by her landlord in May 2024 and she was unable to live away from her support network and family due to her family’s medical, education and mental health needs.
• she was currently living with family and was being supported by Citizens Advice and an advocate.
26. The Councils response provided Miss X with an explanation of the different homelessness duties the Council owed and how these applied to her. It explained that she was owed the main housing duty, and this had considered her health needs. Further she was able to ask for a review if she did not agree. It said it provided B and B until an offer of accommodation is secured. It said it that it was required to relieve her homeless duty as soon as possible, however no properties were available in her area of preference. Should a property become available in that area she would be considered.
27. It advised that should she be offered a property with the housing association this should be taken and a review requested if she was unhappy with it.
28. At the beginning of January 2025, the Council advised Miss X there was no temporary accommodation available in her preferred area and it needed to rely on B and B accommodation out of area.
29. In January 2025 Miss X was offered a 2-bedroom property to relieve her homelessness. She declined this because it was outside of her preferred area. She said she was also offered two other properties in the same week but did not visit these as she was under mental health services at the time. The Council ended its housing duty towards her.
30. In March 2025 the Council advised Miss X that due to a change of circumstances she was able to submit a new homelessness application, and it had spoken with her social care officer to arrange an appropriate time to go through her homeless application again. The Council provided Miss X with information about how to contact it should she require emergency accommodation but advised this would likely be B and B accommodation.
31. In April 2025 the Council held a meeting with Miss X and her social worker. It explained why her previous homelessness duty had ended. It provided Miss X with information about how she was able to bid on properties with the housing association and advised that her current application had been accepted as a 3-bedroom property, which was a onetime offer. It also explained she was Band 1 from the date of her new homeless application in March 2025.
32. In April 2025 the Council accepted relief duty towards Miss X.
33. Miss X escalated her complaint. She said:
• she urgently needed a safe space for herself and her children and that she felt it had forced her to be placed into the homelessness ‘category’.
• she was unable to leave the area in which she lived due to high mental health and support needs and the Council had ignored her medical evidence; and
• she had been on the housing allocation waiting list for over 10 years waiting for a property in the area where her support network lived.
34. In its response the Council said it was only able to comment on the work of its housing options team, although recognised Miss X also had concerns regarding the housing association and wellbeing services. It said:
• it recognised that Miss X had found the process difficult but that it needed to carry out assessments to determine the duties that were relevant to her circumstances and reasonable steps had been taken to support her throughout the process;
• it is for the housing association to assess medical change of circumstances, not housing options;
• the Council had awarded her Band 1 due to her homelessness priority and to reflect the urgency of her housing situation;
• no properties had become available in her desired area in the last year and expanding her search area would provide greater opportunities; and
• a support worker through the County Council remained available to provide support with her personal housing plan.
35. Miss X remained unhappy with the Councils response and asked the Ombudsman to investigate.

The Council’s response to the Ombudsman

36. The Council advised it had provided Miss X with both written and verbal correspondence and in face meetings at convenient times for Miss X. Further, with Miss X’s permission, officers had spoken with mental health, schools, friends and advocates to support her.
37. It was aware that the housing association had also clarified key points with Miss X about her housing banding.

Analysis

38. We are mindful of the significant challenges faced by councils in finding accommodation to meet the needs of increasing numbers of homeless families.
39. The Council placed Miss X and her family in B and B accommodation in September 2024. The law is clear that councils can house households with children in B and B accommodation only as a last resort, and for no longer than six weeks. The Council has advised that B and B accommodation was the only accommodation available at that time. There was no fault in the Council’s offer of B and B accommodation.
40. Miss X has been given timely and clear explanations regarding the homelessness duties owed towards her and has been provided with any decisions and review rights. The Council had an absolute duty to secure Miss X accommodation due to her homelessness. It made offers of properties it deemed suitable and I have not seen evidence to show it did not consider her needs in doing so. It also advised Miss X of rights for review if she accepted an offer. Therefore, there is no evidence fault.
41. During the course of this investigation, the Council has made an offer of temporary accommodation to Miss X to relieve her homelessness. Which she has accepted. It would be reasonable to expect her to seek a review of suitability for this property. Any matters relating to this offer would be subject to a new complaint, made to the Council in the first instance.

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Decision

42. I find no fault by the Council.

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Investigator's decision on behalf of the Ombudsman