Summary: Mr X complained the Council delayed in dealing with his homelessness application between November 2024 and May 2025. And that the Council pressurised him into accepting accommodation which is unsuitable based on his medical needs. We found the delay and poor communication in progressing Mr X’s application is fault. This fault has caused Mr X avoidable distress and uncertainty.

The complaint

1. Mr X complained the Council delayed in dealing with his homelessness application between November 2024 and May 2025.
2. Mr X also complained the Council pressurised him into accepting accommodation which is unsuitable based on his medical needs.

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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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How I considered this complaint

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

Homelessness

7. 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.
8. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Councils should work with applicants to identify practical and reasonable steps for the council and the 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, and must be provided to the applicant in writing as their personalised housing plan (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

The relief duty

9. 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

10. 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. But 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)

Accommodation

11. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
12. A council must secure accommodation for applicants if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
13. 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 is available for their occupation. 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)
14. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
15. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

What happened here

16. This is Mr X’s second complaint to us about failings in the way the Council has dealt with his homeless application. Our first investigation found fault and the Council agreed to make a symbolic payment to Mr X for the delays in processing his homelessness application between September 2023 and November 2024.
17. Mr X’s current complaint relates to further delays in the period between November 2024 and May 2025.
18. The Council’s records show Mr X provided outstanding documentation for his application in November 2024. In December 2024 a housing advisor apologised they had not been available to deal with his case. They said they had now looked at his information and would update his file. The officer asked for details of a professional involved in Mr X’s case, which he provided the following day. The officer then contacted the professional for additional information.
19. There is no record of any further action until Mr X contacted the Council for an update in late March 2025. The housing advisor then contacted Mr X on 13 May 2025. The records note the officer again apologised for how they had handled Mr X’s case.
20. The officer completed an assessment over the telephone. The officer told Mr X they would make further enquiries regarding his previous accommodation and would then make a decision.
21. The Council accepted a relief duty on 13 May 2025.
22. On 23 May 2025 the Council invited Mr X to view a private rental sector property. Mr X says he viewed the property in the dark as there was no lighting. He asked the housing officer for a second viewing so that he could see the size and condition clearly but the officer refused. Mr X says the officer told him this was the only property available and if he refused it the Council would consider he was intentionally homeless and not provide further help.
23. Mr X signed a tenancy for the property on 28 May 2025. When Mr X moved in he complained the property was not suitable and reported issues of disrepair to the Council and the landlord. Mr X says the housing officer told him the Council could not help him move as he had now signed a tenancy agreement.
24. In late June 2025 the Council awarded Mr X Band B priority on the housing register on the basis he had accepted a tenancy.
25. Mr X made a formal complaint to the Council in early July 2025. He complained about the delay since November 2025 and asked the Council to make a further payment in line with our previous decision. He also complained about the suitability of the accommodation. Mr X said he had raised concerns about the suitability of the property from the outset. He had accepted the property as the housing officer told him this was the only property available and if he refused he would not receive any further help. Mr X said he was sleeping in his car at that time which meant he was unable to use his equipment which helped him breathe at night. He felt he had no option but to accept the property.
26. The Council responded on 18 July 2025 and did not uphold his complaint. It noted Mr X had accepted a studio flat and that the tenancy had started on 28 May 2025. And that as Mr X had moved into the property the Council had awarded him Band B priority of the housing register. The Council said its records did not indicate there was a delay in processing Mr X’s homelessness application.
27. As Mr X was not satisfied with the Council’s response he asked for his complaint to be considered further. He reiterated that the Council had delayed progressing his case between November 2024 and May 2025 and had pressurised him into accepting an unsuitable property. Mr X asked the Council to compensate him for the further delay and to offer him a suitable property. He did not consider being in Band B on the housing register would resolve the situation as there were always between 150 and 200 applicants with higher priority. He asked the Council to award him a higher priority.
28. The Council said it had a high presentation of homeless applications and many customers were in a similar position. It said it could not offer Mr X further compensation. In relation to the accommodation, the Council noted it did not consider Mr X required urgent housing on the basis of his medical concerns. The Council said that due to a lack of housing and high demand the accommodation was all that could be offered at the time. It suggested that if Mr X considered the accommodation was unsuitable he could request a suitability review. The Council also confirmed it could not increase Mr X’s priority on the housing register.
29. Mr X remains dissatisfied and has asked the Ombudsman to investigate his concerns. Mr X says the current accommodation has a detrimental effect on his mental health. It is small, infested with bedbugs and he does not feel safe there.
30. In response to my enquiries the Council acknowledges there were periods where progression of the case was slower than expected, particularly between late 2024 and March 2025. However once the case was reassessed in May 2025 the Council progressed matters promptly by accepting a relief duty and securing private rental accommodation within approximately three weeks.
31. The Council also acknowledges that communication and continuity of case management could have been improved during parts of the process.
32. In addition the Council says Mr X has not made any review requests regarding the suitability of the accommodation. It also says it has not identified any formal complaints or reports from Mr X regarding disrepair at the property.

Analysis

33. The delays in progressing Mr X’s homelessness application since November 2025 are fault. The records suggest there were extended periods of inactivity with no substantive action being taken until May 2025. At which point matters progressed quickly with the Council accepting a relief duty and then offering Mr X accommodation.
34. This prompt action is to be welcomed but does not negate the earlier delays.
35. Given the Council offered Mr X accommodation within three weeks of accepting a relief duty, I consider that but for the delay he would have been accommodated sooner. The delays between November 2024 and May 2025 have caused Mr X further avoidable distress and uncertainty. It also meant he was staying with family or friends or living in his car for longer than he otherwise would have. The Council should make a symbolic payment to recognise this.
36. Mr X also complains about the suitability of the accommodation provided. The Council has not provided any details of the basis of this offer of accommodation. That is whether it is interim accommodation, temporary accommodation or a final offer of accommodation to end the main housing duty.
37. The Council wrote to Mr X on 13 May 2025 confirming it had a duty to try and relieve Mr X’s homelessness. This letter did not state that it owed Mr X a duty to provide interim accommodation.
38. In its stage two complaint response the Council told Mr X that if he does not consider the accommodation suitable, he can request a suitability review. This would suggest the accommodation is not interim accommodation provided under the relief duty.
39. However the Council has not provided evidence of any further decisions regarding the duty it owes Mr X. There is no evidence the Council has ended the relief duty or accepted the main housing duty. The current status of Mr X’s homeless application and his rights of review are therefore unclear.
40. This lack of clarity and clear communication is fault and will have added to Mr X’s distress and uncertainty.

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Action

41. The Council has agreed to:
• apologise to Mr X for the distress and uncertainty the delays poor communication and lack of clarity have caused. 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 in my findings.
• pay Mr X £300 for the distress and uncertainty caused by the delays, poor communication and lack of clarity in the Council’s handling of Mr X’s homelessness application;
• pay Mr X £700 to recognise the distress of living in unsuitable accommodation for seven months between November 2024 and May 2025;
• write to Mr X confirming the homelessness duty it currently owes him and any review rights. Should Mr X request a review the Council should consider this without delay.
42. The Council should take this action within one month of the final decision and provide us with evidence it has complied with the above actions.

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Decision

43. 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