Summary: Mrs X complained on behalf of her husband about the Council’s actions when they became at risk of homelessness. I find no fault in the Council’s actions leading up to the family’s eviction, nor in its actions in trying to secure suitable temporary accommodation. However, I do find fault in the family being placed in hotel accommodation for a total of 23 weeks. We recommend the Council apologises and makes a payment to Mr Y.

The complaint

1. Mrs X complained on behalf of her husband, Mr Y about the Council’s actions since 2021, when they first became at risk of homelessness.
2. She says the Council’s actions caused her distress and uncertainty, and the family has been placed in accommodation she considers unsuitable.

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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. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), 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. 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)
6. Although Mrs X’s complaint relates to events beginning in 2021, she did not bring the complaint to us until June 2025. There are no good reasons to investigate these matters now. However, I have investigated matters since November 2024, when she and her husband made a further approach for assistance.

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How I considered this complaint

7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs 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

Legislation and statutory guidance

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 and anyone who lives with them to continue to live there. (Housing Act 1996, Section 175)

Threatened with homelessness

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)

The relief duty

12. 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)

Duty to arrange interim accommodation

13. 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)

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

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&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&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)

Housing allocations

20. 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))
21. The Council awards eligible applicants priority from Band 1 (highest priority) to Band 5 (lowest priority). The Council decides priority within a band based on how long the applicant has been waiting in that band.  
22. So far as is relevant to this complaint, the Council awards Band 1 to eligible applicants who are unintentionally homeless and in priority need.   
23. 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

24. In November 2024, after receiving a court order stating their home would be repossessed in January 2025, Mrs X contacted the Council for help. The Council took a homelessness application, accepted the prevention duty, issued a Personalised Housing Plan (PHP), and placed the family in Band 1 on its housing register. The Council also discussed interim accommodation, but Mr Y refused, stating he would not leave the property.
25. In December 2024, the Council made enquiries into a potential property, but it was not suitable for Mr Y’s needs.
26. In January 2025, the Council again offered interim accommodation. Mr Y refused.
27. Shortly afterwards, the court gave the family 28 days to leave the property.
28. The Council then accepted the relief duty and made a formal offer of interim accommodation, which included home-to-school transport for the children. Mr Y refused because he still did not want to leave the property.
29. The Council says it continued to attempt contact with Mr Y about interim accommodation to avoid the family facing a bailiff eviction, but without success.
30. In March 2025, the family were evicted. The Council then placed them in interim accommodation in a hotel with no cooking facilities. It noted the suitable property previously offered was no longer available.
31. Later that month, the Council arranged for Mr Y to view a suitable property, but after considering the distance from the children’s school, the Council agreed not to offer it.
32. In April 2025, the family viewed two further properties. Both were unsuitable.
33. In May 2025, Mrs X complained to the Council. She said the eviction could have been prevented and that the hotel accommodation was unsuitable and having a negative impact on the family’s physical and mental health. She asked the Council to take urgent action.
34. In June 2025, the Council accepted the main housing duty.
35. The Council responded to the complaint. It explained the steps it had taken to find suitable accommodation and said it had kept the hotel placement under review. It said it had explored all available options, including private rented accommodation, but had been unable to secure anything suitable. It noted the family had been provided with two rooms at the hotel and that they had previously indicated they would prefer to stay at the hotel rather than accept the property offered in January 2025 if it became available again. The Council said it was continuing to work to secure suitable temporary and permanent accommodation.
36. Mrs X then brought her complaint to the Ombudsman.
37. In September 2025, the Council moved the family into suitable temporary accommodation.

My findings

38. When Mrs X approached the Council in November 2024, the Council acted appropriately by taking a homelessness application, accepting the prevention duty and issuing a PHP. It also placed the family in Band 1 on the housing register. I find no fault in these actions.
39. The Council repeatedly discussed interim accommodation with Mr Y, but he declined to leave the property, even after the court issued a possession order and later set a 28-day deadline to vacate. Councils cannot force applicants to accept interim accommodation, and it is not at fault for Mr Y’s refusals.
40. The evidence shows the Council continued to search for suitable temporary accommodation and made enquiries about several properties. When a property was potentially suitable, the Council also considered relevant factors such as location and accessibility. I found no fault in how the Council considered suitability.
41. Mrs X believes the eviction should have been prevented. However, by the time of the eviction the Council had offered interim accommodation more than once and made further attempts to contact Mr Y to avoid a bailiff eviction. Mr Y continued to refuse to move. I find no fault in the Council’s actions prior to the eviction.
42. Following the eviction, the Council placed the family in hotel accommodation. Councils can only use such accommodation for a maximum of six weeks for families when no other accommodation is available. Although the Council did later provide two hotel rooms to the family, and they have since moved to suitable temporary accommodation, the family remained in the hotel for a total of 23 weeks. 17 weeks longer than the maximum. This was fault. When considering the remedy, I have taken into account the steps the Council took from November 2024 onwards and Mr Y’s earlier refusal of suitable interim accommodation in January 2025.

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Action

43. 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 Mrs X and Mr Y in line with our guidance on Making an effective apology; and
• pay Mr Y £850 to recognise the unsuitable hotel accommodation the family were placed in.
44. The Council should provide us with evidence it has complied with the above actions.

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Decision

45. 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