Summary: Miss X complained the Council delayed in providing her with interim accommodation when she presented to it as homeless. The Council was at fault for delay, meaning Miss X spent around a month in unsuitable accommodation. The Council has agreed to apologise to Miss X, make a payment to reflect the injustice, and act to prevent recurrence.

The complaint

1. Miss X complains about the way the Council considered information she provided when she presented to it as homeless. Miss X says the Council delayed in providing her with interim accommodation, which meant she had to sleep rough and has had a serious impact on her mental health.

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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. 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

4. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
5. 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

6. 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.
7. 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)
8. 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)
9. 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)
10. 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)
11. 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. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Domestic abuse

12. 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)
13. 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)
14. 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)

What happened

15. 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.
16. Miss X was assaulted by members of her family, who lived in a neighbouring property. Miss X reported this incident to the police and her housing association.
17. On 24 February 2025, Miss X’s housing association contacted the Council to ask it for advice and to request interim accommodation for Miss X. The housing association explained Miss X had reported she had been a victim of intimidation and harassment from family members who live in the same location and threats to her life had been made. The housing association said it would seek to transfer Miss X to another property but said she required emergency interim accommodation in the meantime. The housing association also provided a copy of an email from the police confirming officers had visited Miss X to complete a safeguarding visit which highlighted concerns regarding her housing.
18. The Council asked for additional documentation, which included Miss X’s ID, proof of homelessness, and tenancy documents.
19. On 6 March, the Council wrote to Miss X advising her to ask the housing association to assess whether she met the grounds for a move to a new accommodation within their housing stock. The Council closed Miss X’s case as advice given and no reason to believe she was at imminent risk of homelessness and not unreasonable to expect her to continue to reside at her accommodation.
20. On 18 March, Miss X presented to the Council as homeless again due to the previously reported abuse. Miss X explained she did not feel safe in her home and felt as though she had to barricade herself inside, but there was currently no alternative accommodation available through the housing association. At this point, the Council re-opened Miss X’s homelessness application.
21. Miss X provided evidence of a non-molestation order and a police letter relating to the assault. Miss X requested emergency interim accommodation, but the Council explained it still needed to review the evidence she had provided.
22. On 20 March, the Council accepted a relief duty to Miss X and provided her with a letter to explain this. It also contacted the police to obtain further information about the risk to Miss X
23. On 21 March the Council placed Miss X in a B&B to serve as interim accommodation. It then placed Miss X in more settled interim accommodation on 24 March.
24. In May 2025, the Council wrote to Miss X to explain the relief duty had now come to an end and it owed her a main housing duty.

Analysis

25. The Section 188 duty to arrange interim accommodation sets a low threshold and is triggered as soon as the Council has reason to believe an applicant may be eligible, homeless and in priority need. The duty is absolute and cannot be postponed. The Homelessness Code of Guidance states interim accommodation should be made available immediately whilst the Council undertakes its investigations.
26. The Homelessness Code of Guidance also 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, if there is evidence to believe the applicant may be homeless as a result of domestic abuse the Council should make interim accommodation available immediately.
27. Miss X’s housing association first contacted the Council on 24 February 2025 to explain Miss X had been the victim of abuse from family members who lived in the same location as her and had made threats to her life. The housing association also provided an email from the police stating a safeguarding visit highlighted concerns regarding Miss X’s housing. This represents reason to believe Miss X may be effectively homeless as a result of domestic abuse, and the Council was under an immediate duty to provide her with interim accommodation while it investigated. Failure to do so is fault and means Miss X spent more time in unsuitable accommodation than necessary, which is injustice.
28. Miss X presented to the Council as homeless again on 18 March 2025 for the same reason. Miss X explained she was scared in her home and had to barricade herself inside. Miss X also provided a copy of a non-molestation order. While Miss X had provided further reason to believe she may be effectively homeless as a result of domestic abuse, the Council again did not provide interim accommodation while it carried out further investigations. The Homelessness Code of Guidance is clear interim accommodation should be made available whilst the Council undertakes investigations. Failure to do so is fault. As a result, Miss X had to spend more time in unsuitable accommodation and has said she spent one night sleeping rough through fear of returning home, which is further injustice.
29. The Council eventually provided Miss X with interim accommodation on 21 March 2025, meaning the injustice lasted around a month after the duty first arose on 24 February 2025.

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Action

30. The Council should complete the following actions within one month of the date of this decision:
• Write to Miss X to apologise for the delays in providing interim accommodation, which meant she had to remain in unsuitable accommodation for around a month. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Make payment of £300 to recognise the failure to offer interim accommodation between 24 February 2025 and 21 March 2025.
• Take action to remind housing staff of their responsibilities regarding the need to provide interim accommodation and the low threshold the Homelessness Code of Guidance sets, explicitly directing councils to make interim accommodation available while it undertakes investigations.
31. The Council should provide us with evidence it has complied with the above actions.

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Decision

32. 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