Summary: We found fault by the Council on Miss Y’s complaint about it failing to meet its duties under the homeless relief stage, deciding whether it owed her the main housing duty, and not contacting her for seven months. The agreed action remedies the injustice caused. There was no fault on her complaint about it failing to place her in suitable interim accommodation.

The complaint

1. Miss Y complains about the way the Council dealt with her housing application and its failure to:
1. place her in suitable temporary and interim accommodation;
2. meet its duties under the relief stage due to staff shortages;
3. decide whether it owed her the main housing duty within statutory timescales; and
4. contact her for seven months since placing her in temporary accommodation.
2. As a result, she believes she may have missed out on suitable, permanent accommodation, and feels she was ignored and not given the help she needed.

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The Ombudsman’s role and powers

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)
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. The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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What I have and have not investigated

7. I have not investigated part of complaint a). This is because any complaint she had about the suitability of temporary accommodation, provided after the Council decided it owed her the main housing duty, is not within our jurisdiction. The law gave her the right to ask for a review of the decision about its suitability. If she remained unhappy with the outcome of the review, she could have challenged it on a point of law at court.

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How I considered this complaint

8. I considered evidence provided by Miss Y, the Council’s response to my enquiries, as well as relevant law, policy, and guidance. I sent a copy of my draft decision to Miss Y and the Council. I considered their responses.

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What I found

Homelessness: law and guidance

9. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
10. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Councils must notify the applicant of the assessment. They should work with applicants to identify practical and reasonable steps for the council and applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household and follow from the findings of the assessment. They must be provided to the applicant in writing as their personalised housing plan (PHP). (Housing Act 1996, section 189A and the Code paragraphs 11.6 and 11.18)
11. 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)
12. 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)
13. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need, it has a duty to secure accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)
14. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. This duty applies to interim accommodation and temporary accommodation provided under the main housing duty. (Housing Act 1996, section 206 and the Code paragraph 17.2)
15. Applicants can ask a council to review its decision the accommodation offered is suitable. Councils must complete the review within eight weeks of receiving the review request. (Housing Act 1996, sections 202)
16. 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).

Council Housing Allocations Policy (May 2013)

17. All applications are assessed and awarded points in line with the points scheme. The points scheme gives priority to those who fall within the reasonable preference categories with further priority given to those who qualify under more than one category.
18. Applicants in temporary accommodation, who the Council owes a homeless duty to, will be awarded 50 points and 25 points time in need points for each month, until they reach a maximum of 900 points.
19. Points for health issues are also given: 15 for significant health issues; 30 for serious health issues; 50 for severe health issues.
20. Points are also given for Welfare/Social needs: 50 for a substantial need (fear of violence, for example).
21. The Council will nominate an applicant for only one suitable offer of permanent accommodation through housing associations and registered housing providers. Applicants can express preferred areas.

What happened

22. Miss Y is disabled and has memory problems. She lives with her two adult children.
23. In February 2024, she approached the Council as homeless, and it accepted it owed her the relief duty. It explained it owed her a duty to provide her with a written assessment of her housing circumstances and needs, any support needs, and a PHP which sets out the steps it and Miss Y would take to secure her accommodation. It also explained she had the right to ask for a review of the decision and the steps set out in the PHP. Her PHP said her bedroom entitlement was for a two bedroom property. The steps the Council had to take under it included advising her to start looking for alternative accommodation in the private sector.
24. The same month, the Council placed her in interim accommodation. This was a two bedroom first floor property with no lift. Under its housing allocation scheme, she was placed in band B.
25. In April, the Council said it now considered her to be unintentionally homeless, eligible for assistance, and in priority need. This meant it had a duty to secure accommodation for her.
26. In June, the case was allocated to another officer.
27. Miss Y heard nothing further from the Council about her housing situation until October when she contacted it. The Council accepted it owed her the main housing duty. She was entitled to bid for a two bedroom property. The Council said it prepared a second PHP, but I have not seen a copy of it nor evidence it was sent to her.
28. In May 2025, Miss Y complained and explained she had not done so sooner because of memory problems. A week later, the Council backdated her housing registration date to April 2024.
29. The same month, the Council sent her its stage 1 response, accepting:

• there was a failure to fulfil its duties during the relief period, and the case had not progressed as expected. This was because of officer workloads and staff shortages. The officer given Miss Y’s case had a large number of cases at the time.
• it gave her no meaningful help to relieve her homelessness, such as looking at a private sector offer or providing financial assistance to help her secure a private tenancy.
• it accepted it should have provided help to find alternative accommodation, with the caseworker identifying any risk areas, along with a review of affordability.

30. The Council apologised for the delay and backdated her housing registration date to when the relief duty should have ended (April 2024). It also offered her £350 as an additional remedy.
31. The Council noted she had not missed out on any accommodation offers. It does not have a choice-based lettings service. Applicants do not bid as the Council makes direct offers in line with the allocation scheme. They are made in date order from date of entry into the band based on suitability considerations and targets within lettings plan.
32. In response to our enquiries, the Council confirmed that until September 2025, Miss Y needed a two bedroom property. From this date, she needed a three bedroom property.
33. Between January 2024 to January 2025, the Council made one offer of a two-bedroom property. This was to a homeless applicant placed in band B who had been placed in the band in February 2024. All other offers to homeless applicants were made either to those in a higher banding or had an earlier band date.
34. The Council provided evidence of this and also additional evidence of an offer to an applicant who had a later registered date than Miss Y who was in the same band. The Council said the property would not have been large enough for her and was out of borough. As a result, the Council confirmed Miss Y had not missed out on any offers due to the late backdating of her application.
35. At the time this property was offered to the other applicant in July 2024, it would have been large enough for Miss Y. This is because she was assessed as needing a two bedroom property at this point. I have also noted it was not within borough. It was in Hounslow which was an area Miss Y previously told the Council that she did not feel safe in.
36. In June 2025, the Council made her a new offer of temporary accommodation which Miss Y accepted.

My findings

Complaint a): temporary and interim accommodation

37. I found no fault on this complaint because there was no evidence of Miss Y raising the suitability of the interim accommodation while she was in it.
38. Her housing application said someone in the household used a walking stick/aid for outdoor use, and she had difficulty getting in and out of her previous property, although it did not say why. She declared she could not walk properly due to pain but did not say what type of property she wanted to solve these difficulties.
39. On balance, I am not satisfied there was evidence Miss Y considered the property unsuitable at the time she accepted it or while she was living in it. The letter sent to her in February 2024, offering her the property, advised her about requesting a review if she was in the property when the Council decided it owed her the main housing duty. No review request was sent to the Council.

Complaint b): duties under the relief stage

40. I found the following on this complaint:
1. Homelessness relief is action taken to help resolve homelessness. It required the Council to take reasonable steps to help secure suitable accommodation for Miss Y. The duty lasts 56 days and ends when it has taken reasonable steps to help her secure accommodation.
2. The Council found Miss Y interim accommodation in February 2024 and sent her a PHP. The Council accepted that under the PHP, the Council should provide ‘assistance help’ to find alternative accommodation, review financial affordability, and work with her to identify any risk areas. The Council also accepted it gave her no meaningful help to find alternative accommodation. The Council explained why this failure happened, which largely involved staffing shortages and workloads.
3. I am satisfied the failure amounts to fault and caused Miss Y an injustice. This is someone with disabilities and memory issues. The injustice included the lost opportunity to have help and support sooner to move.

Complaint c): main housing duty

41. I found fault because there was a delay by the Council deciding it owed Miss Y the main housing duty. The Council could have made the decision at the end of the 56 day relief duty period. Instead, it made the decision in October 2024, six months later than it should have done.
42. The Council recognised this in May 2025 when it amended her housing registration date to April 2024, almost a year later.
43. I am satisfied the delay making the decision about the main housing duty was fault. I am also satisfied it was fault not to backdate her registration date sooner. It took almost seven months to do this following its acceptance of the main housing duty.
44. The fault found caused her an injustice. She was caused some frustration with the time taken for the Council to reach its decision. On balance, I am not satisfied the delay caused her to miss an offer of suitable accommodation. This is because the Council provided details of offers made up to May 2025. I looked at whether any of those successfully let would have had a lower banding/registration date than Miss Y. Having looked at this information, I am satisfied she did not lose the opportunity to have been offered a suitable property that met her needs and which was in an area she did not feel threatened by.

Complaint d): no contact with her for seven months

45. I found fault on this complaint as the Council accepted there was no contact with her between April and October 2024.
46. I am satisfied this caused Miss Y an injustice as it caused uncertainty about what was happening and caused some frustration. As already noted, this was someone who is disabled with memory issues.

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Action

47. I considered our guidance on remedies, as well as the action the Council has already taken, and the offer made to Miss Y to remedy the injustice the fault caused. I also took account of Miss Y’s health problems and vulnerability. The agreed actions are in addition to the offer the Council previously made her.
48. The Council agreed to take the following action withing four weeks of the final decision on this complaint:
1. Send Miss Y a written apology for the injustice caused by the failure to: provide her with meaningful support and help to find alternative accommodation; make a decision about owing the main housing duty without delay; contact her about her case for seven months.
2. Make a payment of £300 to Miss Y for the distress caused by the fault found.
3. Review why she did not receive the support and help she should have from February 2024 and act to ensure this failure cannot be repeated on future cases.
4. Review why a decision was not promptly made on her homelessness application and act to ensure this failure cannot be repeated on future cases.
5. Review why there was no contact with her for seven months and act to ensure this failure cannot be repeated on future cases.
49. The Council should provide us with evidence it has complied with the above actions.

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Decision

50. I found the following on this complaint:

• Complaint a): no fault;
• Complaint b): fault causing injustice;
• Complaint c): fault causing injustice; and
• Complaint d): fault causing injustice.

51. The agreed action remedies the injustice caused.

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Investigator's decision on behalf of the Ombudsman