Summary: Ms X complained the Council placed her and her child in unsuitable temporary accommodation. She also complained it failed to complete housing needs and risk assessments for her, offered alternative temporary accommodation which was unsuitable and charged her rent for accommodation she did not move to. We found fault by the Council on all matters. The Council has agreed to apologise and pay Ms X £7750 in recognition of the distress, frustration and uncertainty caused to her. It will also write off the rent arrears she has accrued due to the Council’s errors.

The complaint

1. Ms X complained about the Council’s handling of her housing situation. She complained the Council:
• failed to complete a housing needs assessment or a risk assessment in a timely manner;
• placed her in unsuitable temporary accommodation;
• offered her alternative temporary accommodation which was also unsuitable;
• charged her rent for temporary accommodation she did not move into. This has resulted in her wrongly accruing rent arrears; and
• rejected her bids for permanent accommodation because of the rent arrears it said she owes.
2. Ms X stated that as result of the Council’s actions she has been living in unsuitable temporary accommodation for longer than necessary and has been denied the opportunity to bid for suitable permanent accommodation. She has also been caused distress, frustration and been put to avoidable time and trouble.

The Ombudsman’s role and powers

3. 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)
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. Ms X complained to us in May 2025 about events from 2020 onwards. Part of the complaint is therefore late and the restriction in paragraph three applies. We have exercised discretion to investigate matters from July 2023 onwards. This is because Ms X has been pursuing matters from this date onwards with the Council continuously and her concerns remaining ongoing.
7. I have not investigated matters that occurred before July 2023. This is because the restriction in paragraph three applies and I consider it would have been reasonable for Ms X to have complained about these matters earlier.

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How I considered this complaint

8. I considered evidence provided by Ms X’s representatives and the Council as well as relevant law, policy and guidance.
9. Ms X’s representative 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

10. The law says it is not reasonable for someone to continue to occupy accommodation if it is probable this will lead them to experience violence or domestic abuse. (Housing Act 1996, section 177).
11. Councils should be alert to the wider role they play in ensuring safety for victims of domestic abuse. They should take account of any social considerations, including risk of violence or abuse within a particular locality, which might affect the suitability of accommodation offered to an applicant to prevent or relieve homelessness, or under the main housing duty. (Homelessness Code of Guidance paragraphs 21.15 and 21.43).

Homelessness law and guidance

12. 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.

The main housing duty and temporary accommodation

13. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need, it has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
14. The accommodation a council provides until it can end the main housing duty is called temporary accommodation. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.

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 and temporary accommodation. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
16. In deciding whether accommodation is suitable, authorities must have regard to

• the space and arrangement of the accommodation;
• the state of repair and condition of the accommodation;
• location, including ease of access to established employment, schools and specialist health care; and
• the specific needs of the applicant and any household members due to a medical condition or disability.

17. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601)
18. Anyone who believes their temporary accommodation is unsuitable has a statutory right to ask the Council to review the accommodation’s suitability within 21 days of being notified of the decision. (Housing Act 1996, section 202). There is no statutory right to review the suitability of interim accommodation.
19. Councils must complete reviews of suitability of temporary accommodation within eight weeks of the date of the review request.

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))

Key events

21. What follows is a chronology of the key events. It is not intended to show everything has happened.
22. Ms X and her daughter suffered domestic abuse and were made homeless after leaving their home. Ms X made a homelessness application to the Council.
23. In early 2020 the Council accepted a duty to house Ms X and her daughter. Between early 2020 and July 2023 the Council placed them in temporary accommodation.
24. On 19 July 2023 the Council moved Ms X and her daughter to new temporary accommodation (property A). Property A is a house located outside of the Council’s area. It has 23 internal steps and a downstairs toilet.
25. Ms X’s solicitor requested a suitability review of the offer on 19 July. Her solicitor said Property A was unsuitable because:
• Ms X cannot manage the 23 internal stairs.
• Moving Ms X out of the borough has disrupted her medical care and has left her and her daughter socially isolated.
• Ms X’s daughter attends a school over an hour away and so she must get up very early to get to school and is arriving home late. This is affecting her studies during an exam year.
26. On 4 September Ms X provided a report from an Occupational Therapist (OT). The report said:
• Property A was not suitable for Ms X even on a short-term basis.
• Ms X needed housing either on the ground floor or a block with a working lift
• Ms X’s current accommodation is negatively impacting her mental and physical health.
27. On 23 September the Council found property A was not suitable for Ms X and her daughter. It said it would find her alternative temporary accommodation as soon as possible.
28. In November the Council offered Ms X alternative temporary accommodation (property B) in an area where she would be at risk. Ms X requested a suitability review of the offer. The Council completed a risk assessment after the offer was made to Ms X and after she requested a suitability review. The Council accepted the property was unsuitable and withdrew the offer.
29. In December the Council offered Ms X alternative temporary accommodation (property C). The property was in an area identified as a risk to Ms X in the risk assessment completed in November. Ms X asked for a review of the suitability of the property. The Council accepted the property was unsuitable and withdrew the offer in late January 2024.
30. In April 2024 the Council offered Ms X alternative temporary accommodation (property D). Ms X asked for a review of the suitability of the property. The Council completed a risk assessment after making the offer and after a suitability review was requested. The Council accepted the property was unsuitable and withdrew the offer later that month.
31. In August 2024 the Council offered Ms X alternative temporary accommodation (property E). The Council withdrew the offer the following month as Ms X no longer needed a two-bedroom property.
32. On 8 August the Councils medical advisor completed a housing needs assessment for Ms X. It found Ms X needed a level access accommodation as she cannot manage internal stairs. It also found she needed accommodation on the second floor or lower and with two lifts if above the ground floor. The medical adviser said her housing register application should be awarded priority banding 3.
33. In September the Council offered Ms X alternative accommodation (property F). Ms X’s solicitor requested a review of the suitability of the offer because the property was in an area where she would be at risk.
34. In October Ms X’s solicitor requested help for Ms X to move to property F, pending a decision on the suitability review request. She also explained Ms X was struggling mentally due to anxiety and fear at being asked to move to property F.
35. In November Ms X’s solicitor wrote to the Council raising concerns that her housing register bids were being rejected because she has accrued rent arrears due to the Council charging her rent for both property A and property F.
36. Also in November Ms X’s MP wrote to the Council about her case. The Council’s reply said:
• neither Ms X nor her solicitor told it the borough where property F is located was an area of risk for her.
• its Review Officer has asked for information about the risk posed to Ms X by living in the area where property F is located to help it consider her suitability review for the property.
• it will offer Ms X support to her move to property F.
• Ms X is bidding for permanent accommodation however her bids cannot be progressed because she has rent arrears.
• Ms X wants to stay living in property A until she bids for permanent accommodation. It agreed and said it will no longer consider her for alternative temporary accommodation.
37. In April 2025 the Council accepted Property F was unsuitable and the offer was withdrawn. However in the intervening period the Council charged Ms X rent for both property A and property F, having transferred her housing benefit payments to property F without notifying her.
38. In late December the Council wrote to Ms X saying she had rent arears for property A, F and another property which it offered to her before the period covered by my investigation.
39. During my investigation Ms X successfully bid for permeant accommodation.

Complaints

40. In November 2024 Ms X made a stage one complaint via her solicitor. She complained the Council:
• did not respond to her request for help moving from property A to property F.
• she is being charged rent for both property A and property F and so she has accrued rent arrears.
• she has been bidding for permanent accommodation, but her bids have been rejected because of the rent arrears it says she owes.

The Council did not uphold her complaint.

41. In April 2025 Ms X’s solicitor escalated her complaint to stage two. She complained the Council required her to demonstrate she would be at risk if she moved to property F. She also complained about the same matters as in her earlier complaint. The Council did not uphold the complaint.
42. Unhappy Ms X’s solicitor complained to the Ombudsman. The grounds of complaint remained the same. With the complaint Ms X’s solicitor provided:
• a screenshot of Ms X’s bidding history showing she was the first placed bidder for two properties in November 2024 but her bids were rejected.
• copies of letters saying Ms X had rent arrears for Properties A and F.

Finding

Risk assessment

43. The Council either did not complete risk assessments for offers of temporary accommodation it made to Ms X or did so after it had made the offer. There were also occasions when the Council made offers of accommodation in areas earlier risk assessment has identified as unsafe for Ms X. Ms X was homeless as she left her home due to domestic abuse and so, the Council should complete risk assessments before offers are made. Failure to do so resulted in Ms X being made offers of accommodation which were unsuitable. This caused her distress, which is injustice.

Housing needs assessment

44. Ms X provided medical information to the Council in September 2023. There is no evidence the Council asked its medical assessor to consider the evidence until August 2024. This is a significant delay and is fault by the Council.

Temporary accommodation

45. The Council placed Ms X in property A in July 2023. The Council decided the suitability review on 23 September 2023. This means it took one week longer than the eight-week review timescale. This is fault however the delay was minimal and so I do not consider Ms X incurred a significant injustice as a result.
46. The suitability review found property A was unsuitable. As soon as the Council established the property was unsuitable, it was immediately under a duty to find her alternative suitable temporary accommodation.
47. Following its decision property A was unsuitable it offered Ms X alternative temporary accommodation on four occasions. However all the properties were unsuitable because they either did not meet Ms X’s medical needs or were in areas unsafe for her to live in. I have already identified the Council did not complete risk assessments before making offers to her nor did it complete a housing needs assessment. It is likely that it would not have made these offers if it had completed these assessments.
48. The offers of unsuitable alternative temporary accommodation meant Ms X was caused considerable distress at the prospect of being moved to accommodation where she would feel unsafe. This is injustice.
49. In addition I note the Council’s consideration of her suitability request for property F significantly exceeded the eight-week review timescale. This is fault which compounds the injustice caused to Ms X.
50. As a result of the faults identified Ms X remained living in unsuitable accommodation. The property was unsuitable for her on medical grounds, and she was being caused significant inconvenience living in a property with 23 internal steps when, as identified by in the OT assessment, she requires a home with no internal steps. Ms X was living in property A for 29 months.
51. I note that in November 2024 Ms X asked the Council if she could remain living in property A until she successfully bid for permanent accommodation. I do not consider Ms X would have made such a request if the Council has not made repeated offers of unsuitable accommodation. The distress caused to Ms X by being offered accommodation in areas unsafe for her likely motivated her request.

Rent arrears

52. Ms X has been living in property A solely since July 2023. Despite this the Council has charged her rent on other offers of temporary accommodation which she did not move into. This is fault. It should not have charged Ms X rent for temporary accommodation she has not occupied.
53. As a result of this fault Ms X has accrued rent arrears. Understandably this matter has caused Ms X further distress and frustration. This is injustice.
54. Additionally Ms X’s bids for permeant accommodation have been dismissed due to her having rent arrears. For this reason Ms X has missed out on at least two offers of permeant accommodation and remained in unsuitable temporary accommodation for longer than necessary. This is injustice.

Agreed Action

55. Within one month of my final decision the Council will:
• apologise to Ms X for the faults we have identified, and the impact of those faults. 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.
• pay Ms X £6750 in recognition that she been living in unsuitable temporary accommodation since July 2023. The figures comprise of £250 per month from the date the Council concluded the property was unsuitable. The figure considers the inconvenience caused to Ms X while living in property A and that she requested to remain in property A in November 2024.
• Pay Ms X £1000 to recognise the distress caused to her by the Council’s offers of unsuitable alternative temporary accommodation, its failure to complete risk and housing needs assessment and by pursuing her for rent arrears.
• Clear Ms X’s rent arrears for properties A and F in recognition of its error in charging her for properties she has not lived in and for transferring her housing benefit incorrectly.
56. The Council recently completed its action plan to address failings in its homelessness service following a previous report by the Ombudsman. We have not repeated those recommendations here. However, within three months of the date of my final decision the Council should take the following action to improve its services.
• By training or other means remind officers of the provisions of Section 21.43 of the Homelessness Code of Guidance when dealing with applicants at risk of domestic abuse.
57. The Council should provide us with evidence it has complied with the above actions.

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Decision

58. I find fault causing injustice. The Council has agreed to action to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman