Summary: Mrs X complained the Council failed to offer suitable interim accommodation and appropriate support when she was fleeing domestic abuse. We find the Council at fault for failing to provide interim accommodation and a delay in processing Mrs X’s application. This is fault which meant Mrs X and her child were left without suitable accommodation for 4 months. The Council has agreed to apologise and make a symbolic payment to Mrs X.

The complaint

1. Mrs X complained the Council failed to offer suitable interim accommodation and appropriate support to herself and her child when they were fleeing domestic abuse. Mrs X told us, as a result, she and her child are living in overcrowded accommodation. Mrs X would like a stable home for herself and her child.

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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 Mrs X and the Council as well as relevant law, policy and guidance.
5. 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

Legal and administrative background

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

The relief duty

8. 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)

The main housing duty

9. 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). 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)

Domestic abuse and homelessness

10. 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)
11. 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)
12. It is not reasonable for a person to continue to live in accommodation if it is probable this will lead to violence or domestic abuse against them. (Housing Act 1996, Section 177)
13. 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)

Council complaints process

14. The Council has a published complaints process which sets out how it should deal with complaints.
15. At stage one the Council aims to respond to complaints within 10 working days of acknowledgement.
16. At stage two the Council aims to respond within 20 working days of request. The Council should keep complainants informed if the response will take longer.

What happened

17. Mrs X left her home in December 2024 due to fleeing domestic abuse.
18. Mrs X submitted a homelessness application to the Council at the end of January 2025. Mrs X’s application stated she was fleeing domestic abuse.
19. Council records confirm it completed an assessment of Mrs X’s need for emergency accommodation in November 2024 and January 2025. There is no evidence interim accommodation was offered to Mrs X in response to these assessments.
20. Mrs X complained to the Council at the end of February 2025. In the complaint Mrs X explained she had left her home in December 2024 and had presented to the Council as homeless on three occasions since then, however she remained homeless. Mrs X also complained the Council had not provided sufficient domestic abuse support and she had been told the Council had lost the details of her homelessness application.
21. The Council issued a complaint response at the end of March. Over two weeks after the complaint response deadline. I have seen no evidence the Council contacted Mrs X to explain there would be a delay in issuing a complaint response.
22. In its complaint response the Council said it had offered Mrs X accommodation, but this was declined, therefore, the Council had no further duty to offer accommodation to Mrs X. In response to our enquiries, the Council has not provided any evidence it offered Mrs X interim accommodation between December 2024 and March 2025.
23. The stage one complaint response also confirmed Mrs X was referred to an independent advocate who had made contact once but had then been away from work for a prolonged period so no further contact was made. The Council did not uphold this part of Mrs X’s complaint as the correct referral had been made.
24. The Council told Mrs X there was no evidence it had lost any of her details.
25. Mrs X escalated her complaint to stage two at the end of March 2025.
26. The Council contacted Mrs X at the end of April to discuss her homelessness application. The Council accepted the relief duty on the same day and issued a letter and personalised housing plan.
27. The Council issued a stage two complaint response to Mrs X in June 2025. This is over a month after the response deadline.
28. In response to our enquiries the Council provided a different timeline of events which states Mrs X did not present to the Council until February 2025. The Council told us Mrs X delayed in providing the necessary documents to progress her housing application and a referral was not made until May 2025.
29. Mrs X moved into new accommodation in June 2025.

My findings

30. The Council delayed in issuing both stage one and two complaint responses. This is fault which caused Mrs X frustration and uncertainty.
31. Despite being aware Mrs X was fleeing domestic violence as early as November 2024, the Council has not provided any evidence it offered Mrs X suitable interim accommodation between December 2024 and March 2025. This is fault which caused Mrs X distress, frustration and uncertainty and left Mrs X and her child living in unsuitable accommodation between January 2025 and June 2025.
32. The Council provided a timeline which begins in February 2025 despite there being evidence it was aware of Mrs X situation as early as November 2024. This suggests the Council has lost records of contact with Mrs X between November 2024 and February 2025. This is fault which causes Mrs X distress, frustration and uncertainty.
33. There was a delay of approximately three months between Mrs X submitting her homelessness application and the Council accepting the relief duty and completing referral paperwork. This is fault which caused Mrs X distress, frustration and uncertainty.

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Action

34. Within one month of the final decision the Council will:
• Apologise to Mrs X for the injustice caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making its apology.
• Make a symbolic payment of £800 in recognition of the Council’s failure to provide Mrs X with interim accommodation between January and June 2025.
• Make a further symbolic payment of £300 in recognition of the injustice caused by the delay in processing Mrs X’s application, the loss of records between November 2024 and February 2025, and the delays in complaint handling.
35. The Council should provide us with evidence it has complied with the above actions.

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Decision

36. 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