Summary: It came to our attention that the Council’s Removals and Storage procedure did not properly reflect the requirements of the Housing Act 1996. The Council agreed to review and amend the procedure to make sure it does reflect the relevant legislation. It has also agreed to review requests from 10 households which did not receive removal or storage assistance to ensure the correct test was used.

The complaint

1. It came to our attention that the Council’s Removals and Storage procedure did not properly reflect the requirements of the Housing Act 1996.

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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. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, 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(i), as amended)

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How I considered this complaint

5. I considered the Council’s Removals and Storage procedure.
6. I considered the information provided by the Council in response to our enquiries on this case and on complaint 24 012 627 as well as relevant law, policy and guidance.
7. 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

Protection of belongings

8. Where the council owes or has owed certain housing duties to an applicant, it must protect the applicant’s personal property if there is a risk it may be lost or damaged. A council may make a reasonable charge for storage and reserve the right to dispose of the property if it loses contact with the applicant. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)
9. Sections 211 and 212 of the Housing Act 1996 sets out the Council’s duties and powers to protect property. Councils have a duty to take reasonable steps to prevent the loss of a person’s property, or to mitigate damage, when it has reason to believe:

• there is danger the applicant’s personal property will be lost or damaged;
• the danger arises because the applicant is unable to protect it or deal with it; and
• no other suitable arrangements have been made.

10. This duty applies when the authority is, or has been, subject to one of the following duties:

• the interim duty to accommodate the applicant
• the section 189B relief duty
• the section 195(2) prevention duty
• the main housing duty
• the short-term accommodation duty owed under section 190(2) to a person in priority need who is intentionally homeless
• where the main housing duty is owed to a person who is being considered for referral to another housing authority

11. The Council’s duty to protect the property does not automatically end when the other duties cease.

The Council’s Removals and Storage Procedure

12. The Council’s Removals and Storage procedure dated 20 November 2024 says the Council will not offer removals and storage if household income is over £1,500 per month and people would have to make their own arrangements.
13. The policy sets out the ‘reasons for storage coming to an end’ including:

• Placed in unfurnished temporary accommodation
• Housed on the housing register
• Moving to privately rented accommodation
• In receipt of a negative decision on their application
• Evicted from temporary accommodation for a breach in tenancy
• Not in agreement (refusing) with a reasonable and suitable offer of accommodation
• Arranging the storage of their own items

14. The policy also includes under ‘Reasons for disposal of storage items’ the following reasons:

• Loss of contact. We will try all necessary methods on file to contact should we need to return items, however if there is an inability to be contacted within a reasonable period of time, items would be at risk of being disposed of.
• If a housing duty has been discharged and we have given a reasonable opportunity to make alternative arrangements. If there is a lack of cooperation, and alternative storage options are not sourced, items will be disposed of after 3 months.

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My findings

15. The Council’s Removals and Storage procedure, as written, does not properly reflect the requirements of the relevant legislation in several ways. This is fault.
16. The test set out in the legislation is whether the Council considers the property will be lost or damaged if it does not act. The procedure as written suggests the Council is taking a blanket approach in terms of placing an income threshold on providing assistance. An organisation should not adopt a blanket or uniform approach or policy that prevents it from considering the circumstances of a particular case. We are likely to find fault in the actions of organisations that ‘fetter their discretion’ in this way.
17. The procedure also sets out examples of when the Council might end its duty and some of these do not comply with the test set out in the relevant legislation. For example, being placed in unfurnished accommodation or moving to the private rented sector/getting an offer of social housing might give rise to the circumstances in which the duty ends - because the applicant asks the Council to deliver the property to a named location and/or it is no longer at risk of loss or damage because the applicant has somewhere to keep it. However, refusing an offer, getting a negative decision or being evicted are not reasons the duty can end.
18. Finally, the procedure includes a reason for disposal of storage items as being if a housing duty has been discharged and a reasonable period has been given to make alternative arrangements. The duty to protect property does not end simply on the basis the housing duty that gave rise to it ends. The Council must continue to protect the property if it is still at risk of loss or damage. Councils may have a duty to protect property for months or even years after the duty triggering it ends
19. In response to our enquiries, the Council has acknowledged the concerns outlined above and agreed to review its storage provision policy to make sure it reflects the requirements of the relevant legislation. This is welcome.
20. The Council has confirmed no household has had their storage provision ended on the basis of one of the examples in the policy that do not comply with the relevant legislation.
21. However, 10 households had been assessed and deemed to have sufficient income to make their own alternative arrangements for storage. The Council says these households were assessed as having the financial means to manage their belongings independently. These households may not have had their requests assessed against the relevant test set out in the legislation of whether the Council considers the property will be lost or damaged if it does not act. This test is not restricted solely to having the financial means to manage belongings independently. This uncertainty is an injustice to those households.

22. The Council has confirmed it has disposed of the belongings of five households. In two cases this was due to the Council not being able to contact the affected person for a significant period of time. This situation is set out in the Council’s procedure. The Homelessness Code of Guidance also uses the example of an applicant losing touch and not being able to be traced after a certain period. There is no fault here although the Council may wish to specify what it considers to be a reasonable timeframe. The remaining three cases were completed after the affected person asked the Council to do so as they no longer wished to retain the items.

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Action

23. The Council has already agreed to review and amend its Removals and Storage procedure.
24. The Council should also review, and where necessary reconsider, the requests from the 10 households for storage provision to ensure the decision they did not qualify for assistance was based on the correct test of whether the Council considers the property would be lost or damaged if it did not act and not their financial status alone.
25. The Council should provide us with evidence it has complied with the above actions within twelve weeks of my final decision.

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Decision

26. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman