Summary: Ms X complained the Council failed to find her alternative temporary accommodation following a domestic violence incident at a property the Council provided. She also complained the Council failed to update her housing application when she tried to update it. We found there was failure to properly consider prioritising a transfer to alternative temporary accommodation. We recommended an apology and payment for distress caused. We did not investigate other issues about her housing application as the events occurred too long ago.

The complaint

1. Ms X complains there was an unreasonable delay in finding alternative accommodation for her following a domestic violence incident at Temporary Accommodation the Council provided. She also complained the Council failed to update her housing application when she tried to update it to correctly show her circumstances.
2. The delay in finding alternative accommodation meant that Ms X was left feeling anxious and vulnerable and concerned further incidents of violence may occur. She also was unable to bid for two-bedroom properties for a prolonged period.

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The Ombudsman’s role and powers

3. 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)
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. 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

6. We generally expect complaints to be brought to us within 12 months of someone being aware of the issues that are subject to complaint. Ms X complained to us in September 2025, so the events prior to September 2024 are late. We found it was reasonable to expect Ms X to complain to us sooner about the events that are late, so we have not investigated them. We have investigated events from September 2024, one year before Ms X raised a complaint with us.

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How I considered this complaint

7. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
8. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Council’s Housing Allocations Policy

9. The Council’s housing allocations policy explains that applicants must notify the Council if there is a relevant change in their circumstances. Applicants are expected to log into their accounts at least annually to show they still wish to be on the housing register and to check their details.
10. The policy states that applicants with one child under 12 months old will only be eligible for a one-bedroom property. Applicants with two children under 10 years old will be eligible for an additional bedroom. In Ms X’s case, this means she was entitled to bid for a two-bedroom property once her second child was born.

The Council’s Temporary Accommodation Transfers Procedure

11. The Council’s procedure notes there may be reasons why someone in Temporary Accommodation (TA) needs to be moved. This can relate to the long term or short-term suitability of a property. It notes that once the Council has identified that someone needs a transfer, it should be proactively sought and the transfer should be undertaken. The policy notes that the Council needs to consider how to prioritise transfers because it will often have more households needing a transfer than it can accommodate.
12. The policy says that one of the circumstances in which a transfer should be prioritised is where someone is ‘Fleeing domestic abuse, other violence or threats of violence that put them at immediate risk by staying in the property.’
13. The Council says various officers are responsible for managing the transfer list and ensuring property searches are focused on the highest priority households and that they receive a transfer the soonest.

Background

14. Ms X presented to the Council as homeless a number of years ago and she has been living in temporary accommodation (TA) provided by the Council since that time.
15. In June 2022 Ms X was placed in her current TA. At that time Ms X had one child. In July 2022 she had a second child.

What Happened

Domestic Violence Incident

16. In December 2024 Ms X reported an incident of domestic violence at the TA she was living in. She says the Council agreed that she had an urgent need to move to alternative temporary accommodation in early January 2025. However, she says this never happened, and she remained at the same property at the time of her complaint to us.
17. The Council has a record of the domestic violence incident. The Council told us it placed Ms X on the transfer list on 10 January 2025 as a result of it. However, it stated there were no notes on its records to suggest the level of risk to Ms X was understood. It says it had a record that the police had been involved.
18. The Council told us when it places someone on the transfer list it decides on their priority for a move based on whether the property remains suitable in the short term. It does this based on the level of risk. It stated it would consider supporting evidence from relevant support agencies and the police. In Ms X’s case, the Council had no information on its records to set out a clear indication of the risk to Ms X.
19. Ms X complained in May 2025. In addition to the domestic violence incident, Ms X complained that the Council had not updated her housing application to record her circumstances correctly. Ms X had a second child in mid-2022 and she says that she made several attempts to have the records updated without success. Because the records were not updated, she could only bid on one-bedroom properties. She should have been able to bid on two-bedroom properties. She also raised a new issue about her health.
20. In response the Council confirmed Ms X was able to bid for one-bedroom properties. It stated it only had a record of her first child. It asked her to send a birth certificate for any other children that needed to be added to the application. It did not comment on whether or not it had received earlier correspondence or say what happened. However, it stated it was always keen to learn from mistakes and, as a result of the complaint, the Council stated it had reminded staff of the importance of maintaining clear, accurate, up-to-date records. The Council sent a medical assessment form for Ms X to report any new health issues for consideration.
21. We asked the Council what actions had been taken to find Ms X alternative TA from January 2025. It provided no evidence of any actions taken or alternative offers of accommodation until 3 November 2025, when the Council made her an offer of permanent accommodation. This was after we had made enquiries of the Council on Ms X’s complaint.
22. The Council told us it regularly needed to move people in temporary accommodation due to domestic violence, which it did daily. It generally was active in searching for alternative accommodation for them. The Council explained it did not have a significant number of outstanding transfers for people reporting domestic violence incidents.

Ms X’s Changes of Circumstances

23. In addition to the domestic violence incident, Ms X complained in 2025 that the Council had not updated her housing application to record her circumstances correctly. Ms X had a second child in mid-2022 and she says that she made several attempts to have the records updated without success.
24. We cannot investigate events that occurred more than 12 months before someone complains to us. While I recognise Ms X says she tried on occasions to update her records following the birth of her second child in mid-2022, a report of the change of circumstances should have been made to the Council promptly at that time. It was open to Ms X to complain to the Council if reports she made between 2022 and 2024 were not acted on. As it is reasonable to expect Ms X to have raised this issue further at the time, I do not have grounds to consider these older issues now.
25. I am aware that the Council had now updated its records to correctly record her children’s information following her complaint in July 2025.

What should have happened

26. The Council has a clear policy for staff to follow should someone report domestic violence incidents while in temporary accommodation. In these circumstances, the Council should determine whether the accommodation remains suitable for them to occupy in the short-term. It does this by considering the level of risk to the applicant should they continue to live there. It can take account of information from partners and the police to reach this decision. The policy states that fleeing domestic violence, where someone is at immediate risk is grounds for prioritising a transfer/move.
27. In Ms X’s case the Council clearly understood and had police evidence of the domestic violence incident Ms X reported, but it failed to properly assess the risks and, without understanding the risks, it did not take any action to prioritise Ms X for a transfer. This was fault by the Council.
28. Ms X told us that she did not suffer further domestic violence at the property and she obtained a non-molestation order. However, she remained anxious and concerned that further incidents could take place. I understand Ms X was offered re-housing in late 2025.
29. It is not clear what level of risk Ms X was placed at due to the failure of the Council. To recognise that the failings by the Council left Ms X with some anxiety and concern about her safety I have recommended the Council apologises and makes a payment to recognise this distress.
30. Although the Council did not act appropriately in Ms X’s case, it does not appear the lack of adherence to its policy is a systemic issue that affected any significant numbers of other people.
31. We have not investigated the issues raised about Ms X’s eligibility for two-bedroom properties as this stems from events that are too long ago for us to consider now.

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Action

32. Within four weeks of my final decision:
33. The Council should apologise to Ms X for failing to properly consider transferring her to alternative temporary accommodation when she reported domestic violence. The apology should adhere to our guidance on making effective apologies. This can be found on our website, within our Guidance on Remedy here.
34. To recognise the distress caused by the failure to properly consider prioritising Ms X for a transfer to alternative temporary accommodation, the Council should make a payment to Ms X of £250.
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.

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Investigator's decision on behalf of the Ombudsman