Summary: The Council was at fault for housing Miss X and her children in unsuitable Bed and Breakfast accommodation and delays in accepting its main housing duty. This caused Miss X distress and uncertainty over her homelessness application. The Council has agreed to apologise and make a payment to Miss X.

The complaint

1. Miss X complained about the Council’s handling of her homelessness application. She says the Council discriminated against her and delayed progressing her application. Miss X says this meant she had to stay in Bed and Breakfast accommodation longer than she should have done and impacted her housing priority for permanent accommodation. She wants the Council to review her housing priority and compensate her for the impact of its failings.

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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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What I have and have not investigated

4. Miss X has made several homelessness applications to the Council since 2021 and withdrew an application in April 2024 before making another application in February 2025. Miss X complained to the Ombudsman in August 2025.
5. 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).
6. I have investigated events from Miss X’s February 2025 homelessness application. I have not investigated the Council’s handling of Miss X’s earlier applications as Miss X could have complained about these sooner.

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How I considered this complaint

7. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
8. Miss X and the Council have 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

The Law

9. 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.
10. If a council is satisfied the applicant is homeless and eligible for assistance, it will owe a relief duty. This duty means a council must take reasonable steps to secure accommodation for any eligible homeless person. (Housing Act 1996, section 189B)
11. If a council has “reason to believe” a person may be homeless, eligible and in priority need, then it must provide interim accommodation for them. The definition of “priority need” includes those seeking assistance with homelessness after fleeing domestic abuse, people with dependent children and those vulnerable due to serious health problems, disability or old age. (Housing Act 1996, section 188) 
12. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need, the council has a duty to secure that accommodation for them. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)

Bed and Breakfast accommodation

13. 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 accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
14. Wherever possible, Councils should avoid using bed and breakfast accommodation. (Homelessness Code of Guidance paragraph 17.33)
15. Bed and breakfast (B&B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned or managed by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.36-17.37)

What happened

16. Miss X made a homelessness application to the Council on 2 February 2025. On 6 February 2025 the Council placed Miss X and her children in B&B interim accommodation. The Council accepted its relief duty to Miss X on 12 February 2025.
17. During this time Miss X continued to ask the Council for an update on her application. The Council ended its relief duty to Miss X on 14 April 2025. Miss X remained in the B&B interim accommodation after this date. Miss X complained to the Council on 30 April 2025.
18. The Council accepted a main housing duty to Miss X on 29 May 2025. It placed Miss X on its housing register. Miss X was able to bid on 2-bedroom properties and had priority band B, the highest banding for a homelessness applicant.
19. The Council responded at stage one of its complaint process on 5 June 2025. It partially upheld Miss X’s complaint. It said Miss X had lived in B&B accommodation for longer than the six-week period recommended by the Ombudsman. It also accepted it had delayed accepting the main housing duty. It offered Miss X £930 to recognise the impact of the delay. Miss X remained unhappy and asked the Council to escalate her complaint to stage two of its complaint process.
20. The Council responded at stage two on 4 August 2025. It apologised Miss X was still in B&B accommodation. It offered Miss X an additional £500 for the additional delay. It also said it had miscalculated its stage one remedy and increased the overall remedy offer to £1,630. Miss X refused and complained to the Ombudsman. Miss X moved into temporary accommodation in September 2025.

My findings

21. B&B temporary accommodation can be used for families for no more than six weeks. Miss X and her children lived in a B&B accommodation for around 30 weeks. This was fault and caused Miss X a prolonged period of distress while she and her children lived in unsuitable accommodation for 24 weeks.
22. During this time the Council ended its relief duty to Miss X but accepts it delayed accepting the main housing duty. This was fault and caused Miss X uncertainty over her homelessness situation and may have impacted the effective date on Miss X’s housing application.
23. Miss X says the Council discriminated against her and she wants it to review her housing priority. While the Council was at fault for Miss X spending too long in B&B accommodation there is no evidence this is because of discrimination. Miss X is currently in priority band B which is the highest possible homelessness priority band.

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Action

24. Within two months of the final decision the Council has agreed to:
1. Apologise to Miss X for the impact of housing her and her family in unsuitable B&B accommodation for longer than six weeks, and the uncertainty caused by its delay in accepting the main homelessness duty. 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.
2. Pay Miss X £2,400 to recognise the impact of housing her and her family in unsuitable B&B accommodation for 24 weeks too long. This is £100 a week in line with the Ombudsman’s guidance on remedies and is in place of the remedy offered in the Council’s complaint responses.
3. Pay Miss X £100 for the uncertainty caused by the delay accepting the Council’s main housing duty to her.
4. Review the effective priority date of Miss X’s housing application to ensure it reflects the date the Council should have accepted a main housing duty to Miss X, not the delayed date.
25. The Council should provide us with evidence it has complied with the above actions.

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Decision

26. I find fault causing injustice which the Council has agreed to remedy

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Investigator's decision on behalf of the Ombudsman