Summary: The Council was at fault for failing to make a referral to another council area when it had agreed to do so and for failing to consider this option sooner. It has agreed to apologise and make a payment to Ms X to acknowledge the frustration and uncertainty this caused and remind officers of the option to make a referral in cases where the applicant would be at risk in the Council’s area.

The complaint

1. Ms X complained the Council failed to provide safe and suitable housing options after she was unable to return to the area due to domestic abuse. It agreed to make a referral to another council area then failed to do this. This has caused her distress and frustration.

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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. 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.
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 Ms X and the Council as well as relevant law, policy and guidance.
6. I gave Ms X and the Council an opportunity to comment on a draft of my decision. I considered any comments before making a final decision.

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What I found

The relevant law and guidance

7. 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)
8. Under Section 213 of the Housing Act 1996, a council can ask for assistance from another council to provide temporary or settled accommodation for homelessness applicants. The council receiving the request for assistance must “cooperate in providing such assistance as far as is reasonable in the circumstances”. The Code, at paragraph 16.15 says this would be particularly appropriate in the case of applicants who would be at risk of violence or serious harassment in the area where they applied for assistance.

What happened

9. In March 2024 the Council accepted it owed Ms X the main housing duty as she was homeless, eligible for assistance and in priority need. The Council provided Ms X and her child with temporary accommodation in a neighbouring council’s area (council B). Ms X was on the Council’s housing register.
10. In September 2024 Ms X complained to the Council that she could not bid on properties in the Council’s area due to the risks of domestic abuse. Ms X asked if she could change council areas and said council B told her the referral needed to come from the Council.
11. The Council responded to Ms X in October 2024. It said the only way to get permanent accommodation was by bidding and it did not have access to social housing outside the Council’s area. It said it did not have reciprocal arrangements with other councils. It said she could make her own arrangements and provided information about homefinder, a national mobility scheme.
12. In July 2025 Ms X asked to go to stage two of the Council’s complaints procedure. She said she had not received any meaningful support. The Council had referred her to its temporary accommodation move on team which had given her a list of general schemes which were not financially viable. She asked for more tailored support as it was not viable to bid on property in the Council’s area as it was not safe for her and her child. Ms X also provided a police letter confirming that returning to the Council’s area would put her at risk of harm.
13. The Council responded to Ms X at stage two of its complaints procedure in September 2025. It agreed it was not suitable from Ms X to bid on properties in the Council’ area but it did not have the power to house her outside the Council’s area although it was able to provide temporary accommodation outside its area. It said transferring her housing application to council B would be the best option but securing a reciprocal move was difficult as many councils were prioritising their own residents and withdrawing reciprocal arrangements. It said it would initiate a referral to request a transfer.
14. It said the records showed Ms X had been in contact with the temporary accommodation move on team who had offered advice about exploring private rented properties. It again provided information about homefinders and also about an organisation that works in partnership with councils to find homeless families permanent and affordable social housing (organisation C).
15. In early March 2026 Ms X asked the Council what was happening with her request for a reciprocal move to council B or to her nomination to another council area that was mentioned to her verbally. She said council B told her it had not received the request and her landlord had recently told her they were looking to sell the property.
16. The Council apologised and said the move on team was looking to make an appointment with her and following this the referral would be made.
17. A few days later an officer from the move on team asked Ms X for copies of documents. Ms X provided these and again asked when her referral to council B would be progressed. The officer responded that they believed it would be best for her to continue searching for private rented accommodation and also to consider a referral to organisation C.
18. Ms X contacted the officer three times requesting a call to discuss the referral. The officer responded two weeks later to advise they could not make the referral to council B but would follow this up with her housing advisor. They said they could make a referral to organisation C and would contact Ms X the next day to progress this.
19. Following this referral, Ms X received an offer of a property through organisation C which she moved into in late April 2026.

Findings

20. The Council in its stage one complaint response told Ms X the only way she could secure social housing was by bidding. Ms X was unable to bid on property in the Council’s area due to the risk of domestic abuse in that area. Ms X asked the Council if she could remain in council B’s area where it had provided temporary accommodation. The Council failed to consider making a referral to council B in line with section 213 of the Housing Act until Ms X complained. This was fault. When, in response to the complaint, the Council agreed to initiate a referral, it then failed to do so. This was fault, adding to Ms X’s frustration.
21. I cannot say, even on balance, what would have happened if the Council had made a referral to council B. I cannot know if it would have accepted a reciprocal agreement to house Ms X. But the delay and failure to pursue the referral caused Ms X frustration and uncertainty as to what the outcome would have been.
22. Although the Council gave Ms X details of organisation C in September 2025, Ms X did not progress this at the time as she believed the Council would be requesting a referral and I have seen no evidence the Council suggested this as an option sooner. When the move on officer suggested this again in March 2026 Ms X agreed to progress this and did so quickly. As a result, Ms X has now suitably housed.

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Agreed Action

23. Within one month of the final decision the Council has agreed to:
• Apologise to Ms X and pay her £200 to acknowledge the frustration and uncertainty she was caused.
• By training or other means, remind officers of the provisions in Section 213 of the Housing Act 1996 for requesting a reciprocal agreement from another council where the applicant may be at risk of violence or serious harassment in its area.
24. The Council should provide us with evidence it has complied with the above actions.

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Decision

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

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Investigator's decision on behalf of the Ombudsman