Summary: Miss X complained about the Council’s handling of her homelessness application. The Council was at fault for failing to provide interim accommodation and for communication issues, causing uncertainty and distress. The Council has agreed to apologise to Miss X, make a payment to reflect the uncertainty and act to prevent recurrence.

The complaint

1. Miss X complains about the Council’s handling of her homelessness application. Miss X says the Council was responsible for delays, failed to provide the support she was entitled to and failed to keep her updated. As a result, Miss X says she was left without suitable accommodation for several months which has caused her real anxiety and distress.

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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 recommend a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 Miss X’s complaint as set out above from the point she made her homelessness application in September 2024, up until the Council provided the outcome of her request to review the suitability of her temporary accommodation in February 2026.
6. Any mention below to events that took place before September 2024 or after
   February 2026 are for reference only.

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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 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 policy

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. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
11. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. 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)
12. 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. This is known as the prevention duty. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)
13. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is known as the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
14. 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). This is known as the main housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
15. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
16. A council must secure accommodation for applicants and their household 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)
17. 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)
18. 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)

What happened

19. I have summarised below some key events leading to Miss X’s complaint. While I have considered everything submitted, this is not intended to be a detailed account of what took place.
20. Miss X had been living in her mother’s home with her child.
21. Miss X submitted a homelessness application to the Council on 2 September 2024 for her and her child. Miss X explained her mother had now asked them to leave the home due to overcrowding.
22. The Council considered Miss X’s application and wrote to her to explain it had decided she was threatened with homelessness and eligible for assistance so it now owed her a prevention duty. The Council provided Miss X with a PHP which explained she would need a one-bedroom property, the Council would consider affordability, and the PHP would be reviewed in November 2024.
23. In November 2024 the Council contacted Miss X to discuss the situation as it stood. Miss X was still living with her mother but said she had not been actively searching for private rented accommodation. The Council advised Miss X to look for private rental options.
24. On 8 July 2025 Miss X informed the Council she had now been made homeless.
25. Miss X also complained to the Council as she said it had accepted she was homeless in October 2024 but had not provided any temporary accommodation or support. Miss X said she had now been evicted and made homeless, and she and her child had nowhere to go.
26. The Council wrote to Miss X on 9 July 2025 to confirm it considered she was homeless and eligible for assistance, it now owed her a relief duty and provided an updated PHP. The PHP identified Miss X would become homeless that day and said the Council was supporting her to access private rented accommodation. It recommended Miss X register with local estate agents to also look for private rented accommodation. The PHP said it would be reviewed in August 2025.
27. Responding to Miss X’s complaint, the Council agreed its communication had been inconsistent to that point and apologised for this. The Council said it was seeking to fulfil its duty to Miss X through private rented accommodation.
28. Suitability assessment forms from the time show the Council considered all Miss X’s circumstances when determining what type of accommodation would be suitable for her.
29. The Council continued to look for properties through July 2025 and August 2025.
30. In September 2025 the Council updated Miss X’s suitability and income and expenditure assessment. It also identified an available one-bedroom property, but Miss X declined to view this as she felt she required two bedrooms.
31. On 12 September 2025 the Council wrote to Miss X to explain the relief duty had now come to an end as 56 days had passed since the duty was accepted. The Council said it had complied with the steps set out in Miss X’s PHP. The Council also confirmed it had decided Miss X was homeless, eligible, and in priority need and it had now accepted a main housing duty to her.
32. Miss X asked the Council to review her complaint as it had now been almost a year since she applied for homelessness assistance but the Council had only just accepted a main housing duty to her and had not offered her any temporary accommodation. Miss X said she was currently sofa-surfing with her child and communication from the Council had been poor throughout the process.
33. On 16 September 2025 the Council wrote to Miss X with an offer of temporary accommodation that it deemed to be suitable for her. The Council set out why it had considered the property to be suitable, the consequences of declining this as well as Miss X’s right to ask for suitability to be reviewed. The Council said it would continue to look for private rented accommodation for Miss X.
34. Miss X moved into the temporary accommodation but contacted the Council on 17 September 2025 to ask it to review its suitability. Miss X said she had concerns about the size of the property and the safety of her child due to the proximity of the cooking facilities to the sleeping area.
35. Responding to Miss X’s complaint, the Council confirmed Miss X had now been placed in temporary accommodation and it was considering her suitability request. The Council acknowledged there had been some disruption throughout the process due to multiple caseworker changes which it apologised for. The Council explained it had owed Miss X various duties since she made her homelessness application in September 2024, including the prevention duty which can be extended and is not subject to the same limitations as the relief duty. The Council said Miss X was now in suitable accommodation which meets its duties under the main housing duty.
36. The Council wrote to Miss X with the outcome of her suitability review request in February 2026. The Council explained how it had considered all Miss X’s arguments and the evidence available to it, including whether the property was too small and whether it was impacting her health, but come to the decision the property was suitable for her.

Analysis

37. Miss X contacted the Council on 2 September 2024 to explain she had been asked to leave her mother’s home. The Council discussed this with Miss X and established she was not immediately homeless, but agreed this was threatened and she was eligible for assistance so it accepted a prevention duty to her. The Council provided Miss X with a PHP explaining both she and the Council should seek private rental options to avoid homelessness. The Council followed the right process to that point and I do not find it at fault.
38. Miss X then contacted the Council again on 8 July 2025 to explain her mother had asked her to leave the property, and she was now effectively homeless. As a result, the Council agreed Miss X was homeless and eligible for assistance and accepted a relief duty to her. The Council followed the right process, and I do not find it at fault here.
39. Miss X has said the Council took too long to accept a relief duty to her. While the prevention duty usually ends after 56 days, it can extend beyond this in certain circumstances, such as where homelessness had been delayed and an applicant is able to remain in their accommodation. As Miss X had not actually been made homeless until July 2025, I do not find the Council at fault for extending the prevention duty until that point.
40. However, I have seen no evidence the Council offered interim accommodation once it accepted Miss X had been made homeless.
41. The Section 188 duty to arrange interim accommodation sets a low threshold and is triggered as soon as the Council has reason to believe an applicant may be eligible, homeless and in priority need. The duty is absolute and cannot be postponed. The Homelessness Code of Guidance states interim accommodation should be made available immediately whilst the Council undertakes its investigations.
42. Mrs X contacted the Council on 8 July 2025 to explain she had been made to vacate her property with her child. This represents reason to believe Miss X may have been homeless and in priority need and the Council was under an immediate duty to provide her with interim accommodation while it investigated. The Homelessness Code of Guidance is clear interim accommodation should be made available whilst the Council undertakes investigations. Failure to do so is fault and meant Miss X spent time sofa surfing with her child, which is injustice. This injustice continued until the Council provided Miss X with temporary accommodation on 17 September 2025, approximately two months later.
43. The Council wrote to Miss X on 16 September 2025 to confirm it had now accepted a main housing duty to her as 56 days had passed since it had accepted a relief duty but she remained homeless. The Council followed the right process here and I do not find it at fault.
44. The Council then placed Miss X in temporary accommodation. When the Council wrote to Miss X to offer the temporary accommodation it set out what it had considered to determine suitability and her right to request a review of this if she disagreed.
45. The Ombudsman is not an appeal body. It is not our role to substitute the Council’s opinion for our own when it comes to matters of suitability. Rather we consider whether the Council had regard for all relevant evidence and factors when making its own decision. If we consider the Council followed processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees with it. As the Council followed the right process to determine the suitability of the property for Miss X, I cannot criticise the decision it reached.
46. As Miss X disagreed with the suitability of the property she asked the Council to review this. The Council’s response to Miss X’s request shows it fully considered all the evidence and arguments she put forward before reaching its conclusion that the property was suitable. While I appreciate Miss X disagrees with the outcome of the Council’s review, it followed the right process to reach this, so I cannot find it at fault.
47. Responding to Miss X’s complaint, the Council accepted it was responsible for inconsistent communication throughout the process, contributed to by multiple changes of caseworkers. While I understand this may have been outside of the Council’s control it still amounts to fault and would have caused uncertainty for Miss X, which is injustice. The Council has already apologised for the injustice caused here and I find that to be a suitable remedy in the circumstances.

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Action

48. To recognise the injustice identified above, the Council should complete the following actions within one month of the date of this decision:
• Write to Miss X to apologise for the delays in providing interim accommodation, which meant she had to spend around two months sofa surfing. 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.
• Make payment of £300 to recognise the injustice caused by the failure to offer suitable interim accommodation between July 2025 and September 2025.
• Take action to remind housing staff of their responsibilities regarding the need to provide interim accommodation and the low threshold the Homelessness Code of Guidance sets, explicitly directing councils to make interim accommodation available while it undertakes investigations.
49. The Council should provide us with evidence it has complied with the above actions.

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Decision

50. 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