Summary: Miss X complained the Council failed to provide suitable housing after adding her to the housing register in March 2023 and again when she was at risk of homelessness from August 2024. She also complained the Council failed to provide adequate support while her children were subject to a Child Protection Plan, and about the significant delays in handling her complaints. We find the Council at fault for delays in processing her housing application, failing to accept a homelessness application, not offering interim accommodation, and failing to provide adequate advice and support. We also find the Council at fault for failing to provide the support required under the Child Protection Plan, and for delay and poor handling of her complaints. This caused Miss X significant distress, prolonged uncertainty, and left her and her children living in unsafe conditions without necessary support. The Council has agreed to apologise, make a payment to Miss X, and take action to improve its housing, children’s social care, and complaints services.

The complaint

1. Miss X complained the Council’s housing team failed to provide appropriate housing after she was added to the housing allocations list under a reciprocal agreement in March 2023, and again when she became at risk of homelessness from August 2024 onwards.
2. She also complained the Council’s children’s services team failed to provide adequate support while her children were subject to a Child Protection Plan. This included failing to secure stable housing for the family and poor communication from the children’s team.
3. In addition, Miss X complained about significant delay in the Council’s complaint process and an inadequate response that did not address her concerns.
4. Miss X says the Council’s failing caused her and her children significant distress and uncertainty, left them in unsuitable accommodation without washing facilities, and placed them at ongoing risk of homelessness.

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The Ombudsman’s role and powers

5. 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)
6. 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.
7. 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)
8. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I have and have not investigated

9. 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)
10. I have started my investigation from March 2023, when the Council both agreed a reciprocal housing arrangement with Borough 2 (the local authority that previously held a housing duty for her) and placed Miss X’s children on a Child Protection Plan. I have exercised discretion to consider events from March 2023 because there is a continuous sequence of events, and investigating only part of the complaint would risk an incomplete understanding of the Council’s actions. This allows for a thorough investigation and ensures I have sufficient evidence to reach a sound decision.

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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.
12. 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

Relevant law, legislation and guidance

Housing allocations

13. 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))

Housing reciprocal agreements

14. Housing reciprocal agreements are voluntary collaborations to move households between local authorities / registered housing providers.
15. They increase options for people who need to move to another area, most often because of risk of abuse or violence. In general terms, a reciprocal between two councils means both councils agree to accommodate someone from the other council’s area who would not usually qualify for housing in their area. This might be by making a direct offer or by allowing them to join the housing register.

The Council’s policy on reciprocal agreements

16. Within the Council’s housing allocations scheme it states once accepted for a reciprocal agreement, the Council will provide assistance on the following basis:
• “The Council will have nomination rights to the resulting vacancy or another property of similar type or size;
• The applicant will be placed in the Band 2C as an exceptional case and the nominated household be made one reasonable offer”

Homelessness

17. 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.
18. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with 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)

The relief duty

19. 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)
20. 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)

Priority need

21. Examples of applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.

The main housing duty

22. If 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. 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. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Child in need

23. Section 17 of the Children Act 1989 says councils must safeguard and promote the welfare of children within their area who are in need.
24. Under the Children Act 1989, councils are required to provide services for children in need for the purposes of safeguarding and promoting their welfare. Where the council’s children’s social care decides to provide services, it should develop a multiagency child in need plan which sets out which organisations and agencies will provide which services to the child and family. (Working Together to Safeguard Children) 
25. When a council assesses a child as being in need, it supports them through a child in need plan. This should set clear, measurable outcomes for the child and expectations for their parent. Councils should review child in need plans regularly.

Child Protection Conference arrangements

26. If, following a referral and an assessment by a social worker, a multi-agency strategy meeting decides the concerns are substantiated and the child is likely to suffer significant harm, the council convenes a Child Protection Conference.
27. The Child Protection Conference decides what action is needed to safeguard the child. This may include a recommendation that the child should be supported by a Child Protection Plan.
28. After the Initial Child Protection Conference, there will be one or more Review Child Protection Conferences to consider progress on action taken to safeguard the child and whether the Child Protection Plan should be maintained, amended, or discontinued.
29. Review Child Protection Conferences should be held within three months of the initial conference, and thereafter at maximum intervals of six months.
30. The Child Protection Conference plays an advisory role. But the final decision, for example whether to place a child on a Child Protection Plan or to discontinue a Plan, is the responsibility of the council. We would generally consider it appropriate for a council to follow the recommendations of the Child Protection Conference unless there was good reason not to.

Responsibility for keeping children safe

31. Everyone who works with children has a responsibility for keeping them safe. If children and families are to receive the right help at the right time, everyone who encounters them has a role to play in identifying concerns, sharing information, and taking prompt action. (Working Together to Safeguard Children) 
32. Where a child’s need is relatively low level, individual services and universal services may be able to take swift action. Where there are more complex needs, the council may offer a service under section 17 (child in need) or section 47 (child protection) of the Children Act 1989.  

What happened

Background

33. Miss X is homeless. In 2016, a previous council (Borough 2) accepted the main housing duty to her and placed her in temporary accommodation located within this Council’s area.
34. In 2022, that temporary accommodation was assessed as unsuitable due to extensive and significant disrepair. The wet room leaking into the living room, and the bathroom floor had rotted, making it unsafe. As a result, Miss X and her family have been unable to use the bathroom facilities since then.

Housing and children’s social care involvement

35. In March 2023, the Council agreed a reciprocal housing agreement with Borough 2. This meant the Council would offer Miss X a social housing property within its area, and in return, Borough 2 would make a similar property available for someone needing to move out of the Council’s area.
36. That same month, the Council placed Miss X’s children on a Child Protection Plan due to concerns about their welfare. One of the required outcomes was for the children to be housed in safe and stable accommodation. The plan identified this would be achieved by progressing Miss X’s housing application and providing her with a letter of support.
37. In April, the Council’s housing team added Miss X to its housing register, placing her in Band 2C under its policy for reciprocal cases.
38. In May, Borough 2 offered Miss X a property to end its homelessness duty to her, which she refused. She said the area posed a risk to her children and this decision was supported by a children’s social worker. Borough 2 ended its housing duty to her.
39. Later that month, Miss X contacted the Council’s housing team, asking to be housed locally. She did not receive a reply.
40. In June, a social worker, (not allocated to the case) visited Miss X at home and expressed serious concern about the family’s living conditions. The social care team contacted the housing team three times that month, explaining that Borough 2 had ended its duty and that the current property was uninhabitable. They did not receive a reply. Around this time, the housing team told Miss X she had been added to the housing register and provided her with details on how to bid for properties.
41. Miss X then presented to the Council as homeless. The Council contacted Borough 2, which confirmed it had ended its duty. Miss X advised she had appealed the decision. A manager told her that if her appeal was successful, Borough 2 would have to rehouse her, but in the meantime, the Council would assess her homelessness and provide assistance. However, the Council did not treat her as homeless or provide any interim accommodation, because she remained in temporary accommodation arranged by Borough 2, even though that property was deemed unsuitable and therefore was not reasonable for her or her family to continue to occupy.
42. Later that month, Miss X emailed the housing team again, expressing confusion and asking for support. She enclosed an email from Borough 2 confirming disrepair in her temporary accommodation and the need to move her within the Council’s borough. The Council did not reply.
43. In July, the housing team moved Miss X to Band 2A on the housing register as a working household. It also arranged an inspection of her property under the Housing Health and Safety Rating System (HHSRS), but Miss X later cancelled this. She said the disrepair was already well documented, didn’t understand how the assessment would be of any benefit to her, and that she wanted to remain on the housing register and receive homelessness support instead.
44. In September, the same social worker visited again. Miss X reported that she had received no contact from her allocated social worker since prior to the June visit and felt unsupported. Later that month, a new social worker was allocated and contacted Miss X.
45. Miss X then submitted a formal complaint to the Council, explaining that her previous social worker had not responded to her emails, that she felt unsupported, and that this had contributed to her current risk of homelessness. She asked for clarity on next steps and the support available.
46. The Council’s social care team wrote to the housing team detailing the extensive disrepair and asking them to reconsider Miss X’s housing application and provide appropriate support.
47. The Council contacted Miss X requesting a telephone or video call to discuss her complaint, explaining it could not respond in writing promptly. Miss X explained her phone was broken but would be fixed later that week. She also wanted to seek advice from Citizens Advice before responding further.
48. In November, during a review child protection conference, the children’s social care team recorded that Miss X and her children remained in unsafe, unstable housing and that Miss X had an upcoming court hearing. It noted that a social worker had previously provided a supporting letter.
49. In December, Miss X contacted the Council again to chase a response to her complaint and raise concerns about the conduct of the current allocated social worker.
50. In April 2024, the Council stepped Miss X’s children down from a Child Protection Plan to a Child in Need Plan. It recorded that Miss X had a court hearing scheduled for June and, if unsuccessful, would remain on the housing register.
51. In June, Miss X submitted a further complaint. She said a former social worker advised her to refuse the offer of temporary accommodation by Borough 2 in May 2023 but then failed to provide evidence at court to prevent eviction. She now faced eviction within four weeks.
52. A senior manager for the children’s social care team apologised for the delay and said a manager would respond fully to her complaints by the end of the week.
53. In July, Miss X’s solicitor contacted the Council stressing the urgency of the situation and requesting immediate support, as the family was facing imminent eviction. They did not receive a reply.
54. In August, Miss X received notice that she had to leave her accommodation. She notified the housing team, which tried to call her, and left a voicemail.
55. In September, Miss X complained to the housing team about the disrepair of her property, asking for immediate assistance. The Council responded not upholding her complaint because records showed in June 2023, she would not allow access to the property.
56. In October, the children’s social care team issued a complaint response. It acknowledged an inappropriate eight-week gap in social work contact between June and August 2023. It also confirmed Miss X remained on the housing register and was bidding for properties while challenging Borough 2’s decision.
57. Later that month, Miss X contacted the housing team again and was assessed by a homelessness officer. The Council accepted the relief duty and provided her with a personalised housing plan (PHP), advising her to look for private rented accommodation. The Council did not offer her interim accommodation.
58. The same day, the housing officer contacted the Council’s landlord licensing team, who confirmed Miss X’s temporary accommodation was unsafe and required urgent and extensive repairs. It also noted Miss X had refused temporary relocation during the repairs. Miss X explained again that the disrepair was already known and that her concern was being rehoused with her children, given their needs and safety.
59. In November, Miss X escalated her housing complaint, questioning why the Council was requesting access to assess her property’s condition after already deeming it uninhabitable.
60. In December, a new housing officer was assigned. They sent Miss X a copy of her previous PHP and duty letters and advised her to continue searching for private rented accommodation.
61. Later that month, dissatisfied with the October response from the children’s social care team, Miss X escalated her complaint, stating she was still at risk of homelessness and believed the team had failed to support her.
62. The same day, the Council issued its final complaint response to her social care and housing complaints, stating it had nothing further to add. Miss X replied, expressing confusion, noting that her concerns had not been addressed, and requesting support as she continues to live in the same unsafe property. She did not receive a response.
63. Later that month, Miss X contacted the housing team again, saying her PHP was missing key information and that she had received further eviction paperwork. She explained that certain types of properties and locations were unsuitable due to previous domestic abuse and risks to her children. The housing team attempted to contact her, she returned the call, but the housing team did not follow up or attempt to contact her again.
64. In January 2025, Miss X contacted the housing team, she had received another notice and asked whether she needed to attend the upcoming court hearing. The housing team advised that attendance was not mandatory.
65. In February, Miss X told the housing team that the court had decided she would be evicted. She asked for support and received a voicemail. Later that month she provided a new contact number. The housing team told her it was searching for private rented properties.
66. In March, the social care team contacted the housing team for an update. A housing team member informed them that Miss X no longer had an allocated housing officer and that she should inform them when a bailiff’s eviction date was received.
67. In response to my enquiries, the housing team confirmed it did not respond to the September 2023 social care letter. It also confirmed that it has not offered Miss X interim accommodation, nor has it made any offers of suitable private rented accommodation. In addition, it shared Miss X had not placed any bids on suitable social housing properties since joining the housing register. The social care team said it had no record of Miss X’s complaints and explained that the support provided to secure safe and stable accommodation consisted of encouraging her to liaise with the housing team and issuing one letter of support.

My Findings

Reciprocal agreement

68. In March 2023, the Council accepted Miss X onto its housing register under a reciprocal agreement. However, it did not tell her this or provide bidding instructions until late June, a delay of over two months. This delay was fault and caused avoidable uncertainty and unnecessary contact with the Council.

Homelessness approach – June 2023

69. In June 2023, the Council had reason to believe Miss X was eligible, homeless, and in priority need, which triggered a duty to offer interim accommodation immediately and make inquiries. The Council wrongly concluded that she was adequately housed in temporary accommodation provided by Borough 2, despite clear evidence of disrepair. This was a flawed decision and was therefore fault. As a result, Miss X remained in unsafe accommodation for longer than necessary, a significant injustice.
70. In September 2023, the Council’s children’s social care team asked the housing team to reconsider its decision, but the housing team did not respond. This was fault and a missed opportunity to put things right and provide Miss X and her children with the support they needed.

Homelessness approach – August 2024

71. When Miss X approached the Council in August 2024 after receiving notice that she had to leave her accommodation, it again had reason to believe she was eligible, homeless, and in priority need. The Council attempted contact but took no further action when Miss X did not respond. In the circumstances, with the risk of homelessness and safeguarding concerns, this limited response was inadequate and was fault. It was another missed opportunity to assess Miss X’s situation and offer appropriate support.
72. When Miss X approached the Council again in October 2024, the Council accepted a relief duty. However, it failed to:
• offer interim accommodation;
• assess Miss X’s needs properly (including locations unsafe due to domestic abuse); or
• ensure her and her children’s needs were reflected in the PHP.
73. This was fault. Miss X later requested that key safety information be added to her PHP, but this was not done. These failures caused her avoidable distress and uncertainty.

Housing service advice and information

74. The Council failed to meet its duty to provide advice and information. It did not explain the purpose, relevance, or benefits of the proposed HHSRS inspection. When Miss X asked about the court hearing following her eviction notice, the Council told her attendance was not mandatory but failed to explain the consequences of non-attendance or refer her to legal advice or specialist housing services. There was also little evidence of advice offered on her wider housing rights, or available support services. This was fault. I cannot say, even on the balance of probabilities, whether Miss X would have agreed to the HHSRS assessment had she understood its benefits, or whether attending the court hearing would have changed the outcome. However, the lack of clear information and support left Miss X to navigate complex legal and housing processes alone, causing her avoidable uncertainty and distress.

Children’s social care – support under Child Protection Plan

75. From March 2023, the children’s social care team was aware Miss X was living in unsafe and unsuitable housing. The Child Protection Plan identified securing safe, stable housing as a key outcome. However, the Council’s support was limited to a single letter to the housing team, sent six months later, with no follow-up. This was inadequate, failed to achieve the outcome of the plan, and was fault. While I cannot say, even on the balance of probabilities, that additional support from the Council would have changed the outcome, the lack of action has left Miss X with ongoing uncertainty about what could or should have happened.
76. The Council’s own records show considerable gaps in statutory social work visits when Miss X’s children were on a Child Protection Plan. Over 60 weeks, the family should have received at least 30 visits, but only 21 were recorded. There were two major gaps: one of six weeks and another of eleven between April 2023 and September 2023. This was fault. These faults left a vulnerable family without essential support, adding to their instability and distress.
77. The Child Protection records from March 2023 do not explain the purpose of the letter of support, who it was intended for, or how it was meant to help the family. Although Council records suggest Miss X was advised to refuse the property offered by Borough 2 in May 2023, I cannot conclude that the letter was to support her in court or justify her refusal of that offer. What is clear is that the letter was issued six months after the Child Protection Plan began, asking the housing team to reconsider an application even though Miss X was already on the housing register, and was not followed up. It did not assist Miss X in securing safe and stable housing, contrary to the aim of the Child Protection Plan. This was fault and caused her distress and uncertainty.

Poor communication and joined up working

78. Between May 2023 and early 2025, Miss X and professionals supporting her made repeated efforts to contact the Council. The Council often failed to respond or follow up. This poor communication was fault and meant a vulnerable household went unsupported during a difficult time.
79. The Council also failed to coordinate internally between housing and social care. This lack of joined up working meant no one had a full picture of Miss X’s situation or took effective action to support her and her children. This was fault causing Miss X distress and uncertainty and a serious missed opportunity.
80. Despite knowing that Miss X faced possible eviction and major house insecurity, the children’s social care team did not escalate support or advocate effectively. Its involvement was largely limited to one letter. This was fault. It left Miss X to managing housing processes without support, despite clear Child Protection concerns.

Complaint handling

81. The Council has a published complaint process that sets a response target of 10 working days for stage one and 20 working days for stage two. Miss X submitted a formal complaint to the Council in September 2023 and chased a response and raised further social care concerns in December and June 2024, however the Council did not respond to these complaints until October 2024, 13 months after her initial complaint. This delay was fault and caused Miss X distress, uncertainty, and avoidable time and trouble pursuing the complaint.
82. Although the Council initially tried to arrange contact with Miss X in September 2023, it failed to follow up when she asked for time to seek advice. This was fault.
83. The complaint responses Miss X received in September, October, and December 2024, also failed to acknowledge or respond to most of the concerns raised and missed opportunities to provide necessary advice and support. This was fault and caused Miss X distress and uncertainty.
84. It is especially concerning that the children’s social care team now states it has no record of Miss X’s complaints, despite clear evidence to the contrary. It is therefore unable to explain the time taken to respond to her complaints. This reflects poor record-keeping and failure in basic administrative duties. This is fault.

Summary

85. The Council’s housing team failed to meet its statutory duties to Miss X at several key stages. It delayed informing her of her place on the housing register under a reciprocal agreement, failed to accept a valid homelessness application and offer interim accommodation when required, and did not act on concerns raised by its own social care team.
86. When Miss X approached it again in August and October 2024, the housing team did not take sufficient steps to assess her needs or provide safe, suitable accommodation. It also failed to provide adequate advice and information, leaving her to navigate complex legal and housing processes without appropriate support.
87. The Council’s children’s social care team failed to meet statutory requirements under the Child Protection Plan. It did not carry out the required number of visits, leaving gaps in support, and did not escalate or coordinate help when Miss X and her children were at risk of homelessness. The letter sent from social care to the housing team was unclear, sent too late, and not followed up, meaning it had no impact on the family’s situation.
88. The Council also failed to ensure effective communication and joint working between its housing and social care teams. Repeated failures to respond to contact from Miss X and professionals, poor internal coordination, a lack of proactive support, and a poor handling of her complaints meant a vulnerable family went without the help they desperately needed over an extended period.
89. These faults caused significant injustice. Miss X experienced prolonged uncertainty, distress, and was left to manage escalating housing problems and safeguarding concerns alone. Miss X and her children were left living in unsuitable, unsafe accommodation with no bathroom facilities for longer than necessary; a property they still remain in today.

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Action

90. To remedy the injustice caused by the above faults, within four weeks of the date of my final decision, the Council has agreed to:
• apologise to Miss X in line with our guidance on Making an effective apology;
• assign a named officer to review Miss X’s current housing situation as a priority, including:
1. assessing and considering what would be suitable accommodation;
2. updating her PHP to reflect relevant information and current circumstances (including, but not limited to, property type, safe locations, and children’s education);
3. offer suitable interim accommodation to Miss X and her family;
4. consider whether she meets criteria for the main housing duty; and
5. remind Miss X of her housing register log-in information, and ensure she understands how to bid for properties.
• pay Miss X £6,300 to recognise her time spent in unsuitable accommodation. This has been calculated as £300 a month from June 2023 to the present;
• pay Miss X £300 a month until the Council provides suitable alternative accommodation, otherwise ends its duty to Miss X, or six months have passed. If Miss X remains in the accommodation after six months, Miss X can bring a new complaint;
• pay Miss X £500 to recognise the avoidable distress and uncertainty caused by the Council’s actions, lack of consistent social work input, poor communication, and missed opportunities; and
• pay Miss X £300 to recognise the time and trouble caused by the poor handling of her complaints.
91. Within three months of the date of my final decision, the Council has agreed to:
• review, and if required, update, its internal referral pathways and joint working protocols between housing and social services for families at risk;
• issue updated guidance to relevant staff, using this case as an example, clearly setting out:
1. the definition of homelessness and threatened with homelessness;
2. the expected response and contact standards when someone approaches the Council as homeless or threatened with homelessness;
3. the expected contact and follow up procedures for individuals already known to the Council;
4. the Council’s duty to provide interim accommodation, including when this duty applies;
5. the importance of tailored assessments and personalised housing plans, including the key information that should be discussed and documented; and
6. the Council’s duty under section 179 of the Housing Act 1996 to provide advice and information to individuals.
• issue updated guidance to relevant staff, using this case as an example, on:
1. the importance of regular statutory visits under Child Protection Plans; and
2. using escalation pathways and working jointly with housing services, including when families are homeless or threatened with homelessness.
• audit a sample of recent Child Protection Plans involving housing concerns to ensure:
1. they include clear, measurable outcomes related to housing;
2. there is evidence of follow-up and coordination with housing; and
3. support offered is recorded and tracked.
• review its complaint handling procedures, then issue guidance to relevant complaint handling staff to ensure:
1. complaints raised are correctly logged and acknowledged;
2. staff understand the need to follow up if initial contact (e.g. offering a phone call) does not result in resolution;
3. complaints are responded to within the published timescales; and
4. responses should address all points raised in the complaint.
92. The Council should provide us with evidence it has complied with the above actions.

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Decision

93. 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