Summary: Miss X complained the Council failed to provide her and her child suitable accommodation. She says it ignored her suitability request and failed to communicate to her effectively. We found the Council at fault which caused Miss X injustice. The Council should make service improvements, make payments and apologise to Miss X.

The complaint

1. Miss X complains about the Council failing to provide herself and her child suitable accommodation. She says it ignored her suitability request and failed to communicate to her effectively. She reports that this issue has had a detrimental impact on both her and her child’s wellbeing.

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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 Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
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(i), as amended)

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What I have and have not investigated

6. Miss X has complained about issues relating to events that occurred in 2023. Normally we do not investigate matters relating to events that occurred over 12 months ago. However, in this case, I have decided to exercise my discretion to do so.
7. This is because the homelessness situation and the service provided by the Council concerning this is continuing. It would therefore be fair to look at this matter overall.
8. Miss X has made an allegation regarding staff members stereotyping applicants. The Council says that it has investigated this issue, and it has not been able to evidence any of this behaviour from its advisers. It also says that phone calls are not recorded, which adds to the difficulty to prove this allegation.
9. As a publicly funded body we must be careful how we use our resources. We conduct proportionate investigations; completing them when we consider we have enough evidence to make a sound decision. This means we do not try to answer every single question a complainant may have about what the organisation did.
10. As there is not enough evidence to allow me to determine this issue fairly, I have decided not to investigate this.

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How I considered this complaint

11. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
12. I have also considered the relevant statutory guidance, as set out below. Also, I have considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

Homelessness

13. 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.
14. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)
15. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
16. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
17. 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. This is called the relief duty. (Housing Act 1996, section 189B)
18. 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)
19. Homeless applicants may request a review within 21 days of being notified of the following decisions:

• their eligibility for assistance;
• what duty (if any) is owed to them if they are found to be homeless or threatened with homelessness;
• the steps they are to take in their personalised housing plan at the prevention duty stage;
• giving notice to bring the prevention duty to an end;
• the steps they are to take in their personalised housing plan at the relief duty stage;
• giving notice to bring the relief duty to an end.
• 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.

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

• eligibility for assistance;
• not in priority need;
• intentionally homeless;
• suitability of accommodation;
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the relief duty to an end.

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

21. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
22. 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)
23. 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.
24. 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)
25. 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.
26. 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)

Domestic abuse

27. Section 177 of the Housing Act, 1996, says it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or domestic abuse against them, or against a person who would normally or reasonably be expected to live with them. (Homelessness Code of Guidance, Chapter 21)
28. If a council has reason to believe an applicant may be homeless as a result of domestic abuse, it should make interim accommodation available to the applicant immediately whilst it undertakes its investigations. (Homelessness Code of Guidance paragraph 21.25)
29. The Council should try to get an account of the applicant’s experience to assess whether the behaviour they have experienced is abusive or whether they would be at risk of domestic abuse if they continued to occupy their accommodation. The authority should support the victim to outline their experience and make an assessment based on the details of the case. (Homelessness Code of Guidance, Chapter 21)
30. Refuges provide short-term, intensive support for people fleeing abuse. The Code makes clear that due to the intensity of the support while in refuge, they are not simply a substitute for other forms of temporary accommodation. Councils should work with the refuge provider to consider how long the person needs to stay before other accommodation is provided. (Homelessness Code of Guidance, Chapter 21)

What happened

31. In September 2023, Miss X contacted the Council to report that she was the victim of domestic abuse and needed accommodation for herself and her child because of this.
32. In checking her homelessness status, the Council contacted the perpetrator of the domestic abuse who reported that Miss X could remain at the property.
33. The Council accepted relief duty in September 2023 and Miss X moved into a refuge within the same month. It also produced a Personalised Housing Plan (PHP) for Miss X.
34. In November 2023, the Council accepted that it had main housing duty for Miss X.
35. Miss X tried to contact the Council for an update in April and May 2024. In October 2024, Miss X made a complaint about the suitability of the refuge accommodation.
36. In December 2024, the Council sent details to Miss X on how to dispute the suitability of her refuge accommodation. In February 2025, the Council agreed the refuge accommodation was unsuitable.
37. In January 2025, the Council also backdated Miss X’s housing priority and finalised its position into the complaint, providing an award of £600. It also issued a new PHP.

Analysis

Communication and Personalised Housing Plan (PHP)

38. We expect Councils to follow the statutory actions set out in law and the Code. We are likely to find fault where the Council has not properly completed these actions.
39. The Council completed a PHP in September 2023 with Miss X. The plan lists actions the Council agreed to undertake. However, the plan overall does not set specific timescales to when these actions would be completed. The Council then failed to follow up on this plan which led it to issue a new plan in January 2025.
40. I consider the Council at fault for this failure. This fault caused Miss X unnecessary and avoidable uncertainty because she did not know when the Council would complete its actions by. It also added to the lack of communication by the Council.
41. After the Council accepted main housing duty in November 2023, I note that no significant updates were provided to Miss X until she made a complaint in October 2024. This was despite Miss X contacting it in April and May 2024. I consider the Council to be at fault for this.
42. The Council also accepts that its communication has been lacking. The failure to communicate again added to the distress experienced by Miss X. I have therefore considered this in the award below.

Suitability

43. When Miss X moved into the refuge in September 2023, the case notes show that it was recommended that she could reside at the refuge for 12 to 18 months.
44. In November 2023, the notes support that Miss X had told the Council that she was enjoying her time at the refuge. However, after November 2023 the communication from the Council all but stopped.
45. In October 2024, Miss X disputed the suitability of her accommodation, but the Council failed to tell Miss X about her right to request a review into this until December 2024.
46. The Council did complete the review within the timescales explained above. However, it should have provided the suitability review information when it accepted it had main housing duty in November 2023.
47. I note at the time Miss X was not disputing the suitability. However, once the Council had accepted main housing duty in November 2023, the refuge accommodation became temporary. Under the Code, the Council then had a duty to keep the accommodation under review to ensure that it is suitable for the needs of the applicant and members of their household. 
48. Miss X’s accommodation at the refuge is not contained as she is sharing kitchen equipment and has a child both of which the Council should have considered at the time.
49. I have reviewed the notes, and it shows that there is no review or consideration of the suitability of the refuge by the Council until Miss X raises this around a year later.
50. Therefore, Miss X was left in refuge without consideration. I consider this to be fault by the Council. It should have regularly reviewed the suitability of Miss X’s accommodation.
51. Even after the Council found the accommodation was unsuitable in February 2025, Miss X has remained in the refuge.
52. The Council say that because Miss X does not want to move to another interim accommodation, it did not pass her case to its emergency housing team. It has backdated priority on her housing banding application, and says that due to her high ranking, she should be re-housed very shortly. It confirms that Miss X visited a property in July 2025, however this was deemed unsuitable due to the poor maintenance of the property.
53. Once the Council determined that Miss X’s current accommodation was unsuitable, it owed an immediate, non-deferrable and unqualified duty to provide suitable accommodation. I consider the continued failure to do so to be fault by the Council. It impacted Miss X and her child by causing them distress by remaining in a property which was deemed unsuitable for their needs.
54. I have therefore recognised the failure from the Council in the award that I have recommended. I have backdated this until November 2023. This is when the Council should have properly considered whether the accommodation was unsuitable.
55. Miss X moved out of the refuge accommodation in December 2025. If Miss X believes that her new accommodation is unsuitable, she can request for the Council to review this.
56. I also made service recommendations to the Council to provide its staff with further guidance regarding people who it places in refuge accommodation and the need to regularly review those.
57. Miss X says that she has incurred storage costs as she has remained in the refuge longer than she imagined when she moved in. The tenancy agreement for the refuge states the time of the stay would be up to 24 months. Therefore, Miss X would have been aware of the potential timescales of remaining in the refuge during this time.
58. Although I have found the Council could have completed a suitability review sooner, this would not have necessarily meant that Miss X would have moved into a property sooner, due to the housing shortage.
59. I also need to consider that any potential property might not necessarily be bigger to store all Miss X’s belongings within. Due to these reasons, I cannot hold the Council therefore directly responsible for Miss X’s continuing storage costs. I have however considered the distress that this continuing uncertainty caused Miss X, in knowing that she would have to continue to incur costs in storing her belongings.

Domestic Abuse

60. The Homelessness Code of Guidance sets clear expectations for councils dealing with allegations of domestic abuse. This recognises that councils may need to seek further evidence. It is explicit, however, that councils “should not approach the alleged perpetrator” (Homelessness Code of Guidance 21.24, emphasis original).
61. The Council has admitted that it should not have shared information with the perpetrator of the domestic abuse, and this is against its policies on this matter. Nevertheless, I consider the Council at fault for this disclosure of information. It has undoubtedly impacted Miss X by causing her significant distress, by informing the perpetrator of the domestic abuse of her decision to move. I have therefore recommended a further award in consideration of this.
62. I have also recommended for the Council to remind staff of the importance of not sharing information in domestic abuse cases.

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Action

63. Within four weeks of my final decision, the Council has agreed to:
1. Provide a written apology to Miss X for the delay and communication shortcomings which meant she has remained in unsuitable accommodation. This apology should be in line with our guidance on making an effective apology
2. Make payment of £7,500 for the failure to offer alternative accommodation from November 2023 to December 2025.
3. Make payment of £500 for the distress caused in the lack of communication provided to Miss X from November 2023 to October 2024.
4. Make payment of £250 for the distress caused in the disclose of information in relation to domestic abuse. In making payments, the Council is entitled to deduct the £600 it has already awarded.
5. Take action to remind housing staff of their responsibilities and its policy regarding domestic abuse. Particularly in reference to the Homelessness Code of Guidance which explicitly directs that the council should not approach alleged perpetrators of domestic abuse.
6. Provide guidance to staff on people who are placed in refuge, explaining the short-term nature of this type of placement and the need to regularly review this if main housing duty is accepted.
64. The Council should provide us with evidence it has complied with the above actions.

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Decision

65. I find fault causing injustice. The Council has agreed to make service improvements, apologise and payment to Miss X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman