Summary: The Council was at fault for the delay in carrying out homeless inquiries when informed Miss X’s property was no longer suitable to occupy. The Council has agreed to apologise and make a payment to remedy the injustice caused to Miss X. It has also agreed to create an action plan to prevent similar fault occurring in the future.

The complaint

1. Miss X complained the Council failed to:
• Carry out homeless inquires when she notified it her property was no longer suitable to occupy; and
• Failed to consider whether to offer her interim accommodation.
2. Miss X said this caused her distress, frustration and uncertainty as her housing needs went unmet for longer than necessary.

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The Ombudsman’s role and powers

3. 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)
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(1), as amended)

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What I have and have not investigated

5. I have investigated from May 2025 which was when Miss X first approached the Council. I have ended my investigation in July 2025 which was when Miss X complained to us.

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How I considered this complaint

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

Relevant law and guidance

Applications

8. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)

Duty to arrange interim accommodation

9. 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)

Priority need

10. Examples of applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.

The prevention duty

11. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)

The relief duty

12. 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

13. 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 usually do this by helping an applicant obtain a private tenancy or by allocating them social housing. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

What happened

14. Miss X lived in a rented two-bedroom flat with her adult son, Mr Y for approximately 15 years.
15. In early May 2025, Miss X emailed the Council saying the following:
• Mr Y had been a victim of gang violence which resulted in hospital admittance and surgery;
• The police had imposed bail conditions which meant he could not return home or to the surrounding areas;
• They were at a significant risk of violence and did not feel safe returning home;
• They were temporarily residing with family members; and
• Miss X asked the Council to secure emergency housing for them.
16. The records show the following week Miss X made a housing register application to the Council and included the same information in this as set out in paragraph 15.
17. At the end of May the Council emailed back saying it did not have an active housing or homeless application for her. It advised Miss X to approach alternative Councils as homeless if there is an active threat of violence in the area.
18. Miss X made a stage one complaint the same month. Miss X said the following:
• She was unhappy the Council reached the decision she was adequately housed;
• Mr Y had been subject to involvement with gang violence; and
• They require alternative accommodation.
19. The Council issued a final stage complaint response in July which said the following:
• It had not yet assessed Miss X’s housing register application so it had not decided whether she was adequately housed;
• It had directed Miss X to her current landlord to discuss if it could offer her a move within their housing stock; and
• It advised Miss X can make a homelessness application as the threshold for accepting an application is low.
20. Miss X remained dissatisfied with the matter and complained to us the same month.
21. In early September the Council carried out an assessment and accepted the relief duty. In December 2025, the Council told Miss X it would not provide her with interim accommodation as she did not have priority need.
22. In March 2026, the Council upheld its decision that Miss X was not in priority need for housing, and it ended the relief duty with no other duty owed. If Miss X is dissatisfied with this, she will need to make a new complaint to the Council and then to us if she remains unhappy.

My findings

23. In early May 2025, Miss X informed the Council that herself and Mr Y were homeless due to Mr Y being a victim of gang violence and fears for their safety. Miss X requested the Council find them emergency accommodation. At this point, the Council should have considered whether it had reason to believe Miss X was homeless or threatened with homelessness.
24. A person is considered legally homeless if they have accommodation but it is not reasonable for them to continue to occupy it. The threshold for making inquiries is low and Miss X’s email informing the Council of them fleeing violence and asking the Council to find accommodation for them meets this threshold.
25. There is no timescale in the law and guidance for when the Council must do the inquiries but we expect it to carry this out within a reasonable timescale. As Miss X and Mr Y were already homeless and residing temporarily with family, we would have expected the Council to carry this out urgently. The Council did not carry out the inquiries and decide it owed Miss X the relief duty until September 2025, after the end point of our investigation. This delay was fault. This caused Miss X distress, frustration and uncertainty.
26. The Council should have also considered in May whether to offer Miss X and Mr Y interim accommodation. It should have secured interim accommodation for Miss X and Mr Y if it had reason to believe they were homeless, eligible for assistance and had a priority need. The Council failed to consider this until December 2025, after the end point of our investigation. This delay was fault. This caused Miss X distress, frustration and uncertainty.

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Action

27. Within one month of the final decision, the Council has agreed to:
1. Apologise to Miss X for the distress, frustration and uncertainty caused by the delay in carrying out homeless inquiries and consideration of interim accommodation. 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 the apology.
2. Pay Miss X £200 for the distress, frustration and uncertainty caused by the delay in carrying out the homeless inquiries and consideration of interim accommodation.
28. With three months of the final decision, the Council has agreed to:
1. Create an action plan to show how it will identify potential homelessness cases regardless of point of contact within the Council and put in place monitoring to review the progress of this.
29. The Council should provide us with evidence it has complied with the above actions.

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Decision

30. 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