Summary: Miss X complained about the way the Council handled her homelessness application and her level of priority on its housing register. We do not find the Council at fault.

The complaint

1. Miss X complains about the way the Council handled her homelessness application and how it considered her priority on its housing register.
2. Specifically, Miss X says the Council:
• failed to provide suitable interim and temporary accommodation;
• failed to take account of the fact she is at risk of domestic abuse;
• failed to take account of her financial situation when recommending she save up for furniture or seek private rented accommodation;
• failed to offer assistance with storing her belongings;
• incorrectly placed her in Band 2 of its allocations policy; and
• communicated poorly and refused to allocate a new housing officer despite multiple requests.
3. Miss X says this caused real upset and distress, made her feel unsupported and means she has had to spend more time than necessary in unsuitable accommodation.

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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. 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

6. I have investigated Miss X’s complaint points as set out above from the point she contacted the Council to explain she had been served notice to leave her property in April 2024 up until the point the Council responded to our enquiries in October 2025.

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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

Homelessness

9. 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.
10. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
11. 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)
12. 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 (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
13. 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. This is known as the prevention duty. (Housing Act 1996, section 195)
14. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is known as the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)
15. 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). This is known as the main housing duty. 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)
16. 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)

Domestic abuse

17. It is not reasonable for a person to continue to live in accommodation if it is probable this will lead to violence or domestic abuse against them. (Housing Act 1996, Section 177)
18. The Council should try to get an account of the applicant’s experience to assess whether the behavior 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)

Housing allocations

19. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
20. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it. The Council’s scheme places applicants into one of four priority bands, with Band 1 being the highest priority. The Council’s allocations scheme defines the criteria for each band. Band 2 includes applicants who are owed the main housing duty, live in severely overcrowded accommodation and have an urgent need to move due to domestic abuse.
21. The Ombudsman may not find fault with a council’s assessment of a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
22. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

What happened

23. I have summarised below some key events leading to Miss X’s complaint. While I have considered everything submitted, this is not intended to be a detailed account of what took place.
24. Miss X had been living in private rented accommodation with her children and their dog but was served a Section 21 notice to vacate the property.
25. Miss X contacted the Council’s homelessness prevention team in April 2024 and was allocated a housing officer.
26. On 26 April 2024, Miss X attended an in-person meeting with her housing officer. Notes from this meeting show Miss X said she had been in private rented accommodation for several years, but rent had kept rising and was no longer affordable so she was now in arrears. Miss X disclosed she had experienced domestic violence in a past relationship and there were four areas where she would feel at risk. The Council offered to negotiate with Miss X’s landlord to seek suspension of the Section 21 notice with the Council then paying a top up of the additional rent, but Miss X refused this due to uncertainty around future rent increases.
27. On 10 May 2024, the Council wrote to Miss X to confirm it was satisfied she was threatened with homelessness and was eligible for assistance, so it had accepted a prevention duty to her. The Council explained it had placed Miss X in Band 3 of its allocations policy, and she could now bid for three-bedroom properties. The Council reiterated that it could negotiate with Miss X’s landlord if she changed her mind.
28. The PHP the Council provided stated Miss X could live in any type of three-bedroom accommodation outside of the four identified areas of risk. It said the Council would refer Miss X to its private renting team, she should search the internet for properties herself, open an easy saver account, and apply for Disability Living Allowance.
29. In June 2024 the Council asked Miss X what options were open to her if she were to leave the property and asked if she would require emergency accommodation.
30. Miss X informed the Council she would move in with her mother so she could be close to work and school for her children. Miss X explained she would need to store her furniture and asked if the Council could use the money it would otherwise have used on emergency accommodation to help with this.
31. The Council explained it could not redirect funds that would have been used on emergency accommodation but said it could make payments to Miss X’s mother to help with increased costs such as shopping and storage.
32. In August 2024 Miss X contacted the Council to explain her landlord had been granted a possession order and she would be leaving the property by the end of the month. Miss X said she had storage arranged and would be moving in with her mother.
33. The Council explained Miss X would move to Band 2 of its allocations scheme once it accepted a main housing duty and said the average wait for a three-bedroom property was around five years. The Council reiterated that Miss X should consider private renting if possible, despite her history of debt. The Council also confirmed it could arrange temporary accommodation for Miss X if necessary.
34. On 23 August 2024, the Council wrote to Miss X to explain the prevention duty it owed her had now come to an end as she had been made homeless. The Council explained it now owed her a relief duty.
35. In October 2024 the Council agreed to pay Miss X’s mother £175 per month to help with costs as it now appeared Miss X staying with her was likely to be a long-term arrangement. Notes from the time show the Council enquired about safeguarding issues with this arrangement but was told there were no safety concerns.
36. On 21 October 2024, the Council wrote to Miss X to confirm the relief duty had come to an end and it now owed her a main housing duty. The Council explained this meant it now owed Miss X a duty to make sure she had suitable temporary accommodation and it had now placed her in Band 2 of its allocations policy.
37. As Miss X remained at her mother’s house, the Council continued to make the agreed monthly payments.
38. Notes show the Council was in regular contact with Miss X and made several one-off payments to cover costs such as storage boxes. The notes also show Miss X asked the Council to provide payment to buy a new bed for her daughter, but it recommended she consider other options such as saving up to purchase one and consider re-sale websites to reduce costs.
39. In February 2025, Miss X asked the Council to assign her a new housing officer due to a lack of progress and communication. Miss X also said she felt she should be given more priority than Band 2.
40. The Council wrote to Miss X to explain she was in the correct band based on the evidence it held for her. It also said the housing officer always responded to Miss X in good time and invited her to let them know if she needed temporary accommodation, so it saw no good reason to change them. The Council reiterated that Miss X could request temporary accommodation if things had changed and she now needed this.
41. On 8 May, Miss X contacted the Council to ask for temporary accommodation to be provided. The Council made an offer of temporary accommodation. The Council explained it had considered the needs of Miss X’s household based on the information it held before making the offer and provided details of how to request a suitability review.
42. Miss X viewed the property but said it was not suitable as it was too far from her daughter’s school, had disrepair issues, and did not permit pets. Miss X asked the Council to review the suitability of the property and provided evidence of a medical condition that meant her daughter struggled with stairs. In the meantime, Miss X continued to stay at her mother’s house.
43. On 13 May the Council contacted Miss X to explain it had reviewed the new information she had provided and agreed the temporary accommodation was not suitable. The Council said it could now make a further offer of temporary accommodation. Miss X said she wanted to take some time to consider before a new offer was made. The Council asked Miss X to let it know when she was ready for a new offer of temporary accommodation to be made. I’ve seen no evidence Miss X made a further request.
44. The Council has said while it cannot see there is a breakdown in relationship with the housing officer, it is willing to provide another housing officer to Miss X.

Analysis

Alleged failure to provide suitable interim and temporary accommodation

45. On 23 August 2024, Miss X vacated the property she had been renting, and the Council accepted a relief duty to her. This means the Council had a duty to provide suitable interim accommodation to Miss X and her household.
46. The records show the Council discussed Miss X’s housing options with her, but she chose to stay at her mother’s house. This was a choice Miss X was entitled to make, and I do not find the Council at fault here.
47. From 21 October 2024 the Council accepted a main housing duty to Miss X, which meant it was required to secure suitable temporary accommodation. The Council made Miss X aware of this duty, but again the notes show she opted to stay with her mother. Again, this was a choice Miss X was entitled to make. The Council made Miss X aware she was entitled to ask for temporary accommodation if her circumstances changed and I do not find it at fault.
48. On 8 May 2025, Miss X asked the Council to provide her with temporary accommodation. The Council did so. The Council considered the information it held for Miss X and her family before deciding on the suitability of the property and I do not find fault with the process it followed here.
49. When Miss X asked the Council to review the suitability of the property she provided further supporting evidence of her daughter's health condition. The Council reviewed this and agreed the property was not suitable. The Council offered to source suitable temporary accommodation once Miss X was ready for it to do so, but the notes do not show a further request was made and I do not find the Council at fault.
50. If Miss X wants the Council to make her another offer of temporary accommodation, she would be free to contact it directly to request this.

Alleged failure to consider domestic abuse risk

51. When Miss X met with the Council on 26 April 2024, she explained she had experienced domestic abuse in a past relationship. Miss X said she was receiving support for this from a local domestic abuse support service and did not wish to have to disclose the details again. However, she told the Council there were four areas where she felt at risk and this was noted on her application.
52. The Council did not make further enquiries as it accepted the information Miss X had provided it with. The Council noted the areas where Miss X said she was at risk so it would not offer accommodation in these areas. Miss X’s mother’s house was not in one of those areas and the notes show the Council was told Miss X would not be at risk of harm there. I do not find the Council at fault for failing to consider Miss X’s disclosure of domestic abuse risk. If Miss X is concerned about any risk of domestic abuse in her current accommodation, she should contact the Council to notify it of this.

Alleged failure to consider financial situation

53. The notes show Miss X made the Council aware that she had been struggling with rent arrears and had a debt relief order.
54. However, I would not find the Council at fault simply because it recommended Miss X consider private renting. The Council made it clear to Miss X it understood her debt history may make this difficult but explained the waiting list to be rehoused would be around five years so this was not something she should disregard completely. The Council also explained it had previous success finding private landlords for people with bad debt history. The Council appears to have been providing advice rather than attempting to force Miss X into unaffordable arrangements, so I do not find it at fault.
55. I also understand Miss X’s frustration that the Council recommended she save up for furniture she felt she could not afford. However, the Council was under no obligation to purchase certain furniture, particularly as it was already making monthly contributions to cover the increased costs of hosting Miss X and her family. I do not find the Council at fault here.

Alleged failure to offer assistance to store belongings

56. The Council has a duty to protect belongings if it has reason to believe they are in danger of loss or damage because an applicant cannot protect them and no other suitable arrangements can be made. However, this does not mean the Council has an automatic obligation to step in and provide storage and it would be entitled to charge for this service if it were offered.
57. Prior to leaving her rented accommodation, Miss X told the Council storage for her belongings was already arranged. The Council would not have had reason to believe Miss X’s belongings were in danger of loss or damage, so I do not find it at fault for not taking further action. In any event, when the Council agreed to make monthly payments to Miss X’s mother, it said this was to help with costs including storage. I do not find the Council at fault for failing to offer assistance to store Miss X’s belongings.

Alleged failure to consider evidence and placing Miss X in Band 2

58. The Council’s allocations policy clearly sets out the criteria for each band. Band 2 includes those in overcrowded properties, at risk of harassment and domestic abuse, who are owed a main housing duty and are living in unsatisfactory conditions.
59. Miss X says she feels the Council ought to give her greater priority than Band 2. However, she provided no specific reasons for this, and I cannot see she ever provided the Council with evidence to suggest her application should be placed in Band 1. In the absence of any evidence to show the Council had any reason to review Miss X’s banding, I do not find it at fault.

Alleged poor communication and refusal to allocate new housing officer

60. Miss X has said the communication from the Council has been poor. While I have not seen a comprehensive catalogue of all the communication between Miss X and the Council, I have reviewed contact notes across the period I have investigated. I understand this would have been a stressful time for Miss X, however the Council appears to have been in regular contact with her and responded promptly to communication it received. I do not find fault with the way the Council has communicated with Miss X.
61. The Council has now agreed to allocate Miss X a new housing officer if that is what she wants and I would not ask it to take further action than this. If Miss X still wants the Council to allocate a new housing officer, she would be free to contact it directly to request this.

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Decision

62. I find no fault with the way the Council handled Miss X’s homelessness application or considered her banding in its allocations scheme.

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Investigator's decision on behalf of the Ombudsman