Summary: Mr X complained how the Council handled matters when his mother became homeless. He says the Council provided his mother with unsuitable accommodation and it failed to provide her with appropriate support for her needs. He also says the Council concluded its stage two complaint response within 24 hours without properly addressing his questions. We find the Council was at fault for failing to evidence it reassessed the suitability of the interim accommodation for Mr X’s mother. It also failed to respond to all the points in Mr X’s stage two complaint. These faults caused uncertainty and frustration. The Council has agreed to apologise to Mr X and his mother, make a payment to Mr X’s mother and provide evidence of a service improvement.

The complaint

1. Mr X complained how the Council handled matters when his mother, Mrs Y, became homeless. He says the Council provided Mrs Y with unsuitable accommodation and it failed to provide her with appropriate support for her needs. Mr X also complained the Council concluded its stage two complaint response within 24 hours without properly addressing his questions.
2. Mr X says the Council’s faults caused Mrs Y upset and distress.

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The Ombudsman’s role and powers

3. 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)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 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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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Homelessness

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. 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)

Relief duty

10. 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 (section 188)

11. 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)
12. 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. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Domestic abuse

13. 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)

Care assessment

14. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.
15. Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs and any variation in those needs. Councils should tell people when their assessment will take place and keep them informed throughout the assessment.

What happened

16. The Council received a safeguarding referral in September 2024. This stated Mrs Y had been a long-term victim of domestic abuse, and she had fled her property. The referral detailed various medical issues.
17. The Council allocated an independent domestic and sexual violence advocate (IDVA) to Mrs Y’s case after she referred herself to its domestic abuse service.
18. The IDVA made a homelessness application to the Council. The Council assessed Mrs Y’s case and provided her with interim accommodation in a hotel. It also accepted the relief duty.
19. An officer from the Council’s safeguarding team contacted Mrs Y to discuss the referral. The officer agreed to make an urgent referral to the Council’s adult social care department for a care assessment.
20. The safeguarding team noted it would close the case as Mrs Y had fled the domestic abuse. Mrs Y had also been referred to her GP and the adult social care department.
21. Mrs Y’s IDVA contacted Mrs Y’s homelessness officer and said Mrs Y posed a fire risk because of her mental health issues. The homelessness officer passed the information onto the Council’s adult social care department.
22. The Council contacted Mrs Y’s GP for information about her medical needs. The GP sent a summary of Mrs Y’s medical history. They said they had spoken to Mrs Y, and she said felt well physically and mentally.
23. Mr X complained to the Council. He said the Council had failed to provide Mrs Y with appropriate support, it had failed to complete a care assessment, there was a lack of co-operation between services, and it took several days before anyone contacted her to complete a welfare call. Finally, he said it failed to carry out a person-centred fire risk assessment when Mrs Y moved into the interim accommodation.
24. The Council referred Mrs Y’s case to its medical adviser and asked for recommendations for her housing needs. The medical adviser responded and said sheltered housing was appropriate with Mrs Y, up to the first floor or lifted. He also said bed and breakfast or out of borough accommodation was suitable for Mrs Y.
25. A social worker visited Mrs Y to complete a care assessment. Mrs Y said she did not want to have carers. However, she asked for support in cancelling her bills. She also said she wanted to move from interim accommodation.
26. The Council held a professionals meeting to discuss how to support Mrs Y. Mrs Y’s IDVA said the interim accommodation did not meet Mrs Y’s needs. Professionals agreed to support Mrs Y with her bills and progress a referral for her to have a sheltered housing assessment.
27. The social worker visited Mrs Y in early October to help with some of her financial affairs. They contacted Mr X and said they had completed their assessment and closed the case as Mrs Y did not have any care and support needs.
28. The Council completed a sheltered accommodation assessment for Mrs Y in mid-October. Mrs Y said she was struggling with the shared bathroom facilities.
29. The Council updated Mrs Y at the end of October and said the sheltered housing provider had identified a property, but it was not in her preferred area. It said it could be another month before it found a property in her preferred area.
30. Mr X emailed the Council in mid-November and said Mrs Y did not want to use the toilet at night because of the impact of sharing a bathroom with males. This was having a significant impact on her mental health.
31. The Council found a sheltered property for Mrs Y a few days later. She moved in the following month.
32. The Council issued its stage one response to the complaint in early January 2025. It said it dealt with Mrs Y’s case quickly and it offered her sheltered accommodation within two months of her approaching the service. It placed Mrs Y on the transfer list when it became aware of the issues she was having at the hotel. It also referred Mrs Y to adult social care after concerns were raised about the risk factors associated with the cooker. It said it would have been good practice for Mrs Y’s homelessness officer to have completed a welfare check, given her circumstances. It was sorry this did not happen.
33. The Council also said a repairs and maintenance officer visited the hotel to see what safety measures were in place. The officer noted some issues regarding signage and an absent fire logbook. There was also no fire risk assessment on site, and hotel staff failed to provide residents with an induction on fire evacuation procedures. Therefore, it upheld that part of Mr X’s complaint.
34. The Council said the officer did not identify an immediate risk, but hotel staff lacked training and understanding on the importance of fire safety. It said the temporary accommodation team would take the issues forward with the hotel.
35. Mr X remained dissatisfied with the Council’s response to his complaint and referred it to stage two. The Council acknowledged Mr X’s complaint at the end of January.
36. The Council wrote to Mr X in March, confirming the name of the complaint investigator, and said it would respond to the complaint within 20 working days. It issued its final response the following day. It said its previous response was reasonable and there was little to add. It made reasonable efforts to find alternative housing for Mrs Y, but there were limited options and she wanted to stay where her support network was. It also said it raised the fire safety issues with the hotel.

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Analysis

Support provided to Mrs Y

37. The Council provided Mrs Y with an IDVA. It provided her with interim accommodation without delay, it contacted her GP and it made referrals to relevant services. It also visited Mrs Y to complete a care assessment, it held a professionals meeting, and it secured sheltered housing for Mrs Y within two months. The Council has acknowledged the homelessness officer should have completed a welfare check when Mrs Y first moved into the interim accommodation. I agree this would have been best practice. However, in light of all the other actions the Council took, and that Mrs Y had access to an IDVA, I do not find fault.
38. Mr X also says there was no joined up approach between the services involved in Mrs Y’s case. I do not accept this. The case notes show appropriate communication between the various teams. The Council also arranged a professionals meeting to ensure all professionals involved with Mrs Y were clear on how to support her.

Unsuitable accommodation

39. The Council assessed Mrs Y’s needs before it placed her in the hotel interim accommodation. On its assessment form, it noted the areas Mrs Y could not live in and that she needed to live in lifted or ground floor accommodation. There were no concerns raised about Mrs Y living in accommodation with shared facilities.
40. However, we would expect councils to keep suitability under review. I asked the Council if it considered the accommodation was unsuitable in light of Mrs Y’s, and her family’s, concerns that she could not use the shared bathroom facilities because of her history of experiencing domestic abuse. The Council said the accommodation was suitable in the interim and suitability over time would be kept under review.
41. The Council’s medical adviser said bed and breakfast accommodation was suitable for Mrs Y. However, there is no evidence the medical adviser assessed whether it was appropriate for Mrs Y to share bathroom facilities with other residents in bed and breakfast/hotel style accommodation. Some bed and breakfast accommodation has private bathroom facilities. Also, while the medical adviser provides a guide, it is for the relevant Council officer to decide about suitability.
42. I would have expected to see some records to demonstrate the Council’s view on whether it considered the interim accommodation remained suitable in light of the concerns raised. There is no evidence of this. This is fault.
43. When we find fault, we then consider the injustice. On balance, I cannot say if the Council would have considered the hotel to be unsuitable. Accommodation can be suitable for a short period on an emergency basis while a council makes further enquiries or looks for alternatives. However, the Council’s failure to record its rationale on suitability caused Mrs Y significant frustration and uncertainty as to whether it properly considered her needs. This is her injustice.
44. We have recently recommended service improvements on other similar cases and asked the Council to ensure staff are aware of the duty to keep the suitability of accommodation for homeless applicants under review. We have also asked the Council to identify what changes it needs to make to its computer system to allow housing officers to record their rationale of whether the homelessness accommodation it provides is suitable for the applicant’s needs. Therefore, I have not recommended any further service improvement recommendations for the faults outlined in paragraph 42.
45. Mr X says the Council agreed there were issues with fire safety when it responded to the complaint. He also says there were hazards in the property. Therefore, the accommodation was unsuitable for Mrs Y.
46. While the Council identified some issues with the hotel, there is no evidence Mrs Y came to any harm. I also note when the Council responded to Mr X’s complaint it said it did not identify any immediate risk.
47. Nevertheless, I would expect the Council to have appropriate property management and compliance protocols in place to ensure it places homeless applications in accommodation that complies with health and safety and fire safety regulations. When the Council responded to my enquiries, it said it is no longer places homeless applicants in the hotel, and the hotel comes under another authority. It will contact the authority to ensure the hotel is registered with the centralised inspection service. It also said it is setting up a new system for better record keeping for property management, compliance and auditing. I welcome this. The Council should provide me with evidence that it has set up this new system.

Complaint handling

48. Mr X says the Council responded to his stage two complaint within 24 hours and failed to address all his questions.
49. Mr X referred his complaint to stage two in January 2025. The Council acknowledged this at the end of January 2025. It then sent a further email in March 2025 and confirmed who the complaint investigator was. It then issued its final response the following day. Therefore, the Council took two months to issue its stage two response from when Mr X sent his referral. However, the confusion in this case is that the Council confirmed who the complaints investigator was 24 hours before it issued its final response to the complaint.
50. Mr X stage two complaint is detailed, and he asked several questions and for areas of clarification on things the Council had not addressed in its stage one response. The Council failed to address these issues when it responded to the complaint. This is fault, which caused Mr X frustration.

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Action

51. By 25 February 2026 the Council has agreed to:

• Apologise to Mr X and Mrs Y for the injustice caused by fault in this statement.
• Pay Mrs Y £150 for her frustration and uncertainty.

52. By 25 March 2026 the Council has agreed to:

• Provide evidence of the new system it has put in place to ensure better record keeping for property management, compliance and auditing purposes.

53. The Council should provide us with evidence it has complied with the above actions.

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Decision

54. There was fault by the Council, which caused Mr X and Mrs Y an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman