Summary: The Council failed to act when Miss X told it she was threatened with homelessness and then delayed accepting its homelessness duty and reviewing the suitability of its accommodation offer. This caused Miss X a period of uncertainty and then resulted in Miss X and her three children being street homeless for six months. This caused Miss X and her family severe distress. The Council has agreed to apologise and make a payment to Miss X.

The complaint

1. Miss X complained the Council failed to properly handle her homelessness application and provide her with interim accommodation. She says it then failed to act when she asked for a review and complained about the issues. She says this left her street homeless with her three young children. She wants the Council to compensate her for the distress caused by its failings.

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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. 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

4. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
5. Miss X and the Council have 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

The Law

Homelessness guidance and legislation

6. 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.
7. Someone is threatened with homelessness if, when asking for assistance from the council:

• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

8. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them and anyone who lives with them to continue to live there. (Housing Act 1996, Section 175)
9. 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 housing duty it owes them. The threshold for triggering the duty to make inquiries is low. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5
10. 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)
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. This is 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)
12. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is 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)

Homelessness accommodation

13. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
14. 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 interim accommodation. (Housing Act 1996, section 188)
15. 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.

Review rights

16. Homeless applicants may request a review within 21 days of the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.
17. The review must be carried out by someone who was not involved in the original decision and who is more senior to the original decision maker. The reviewing officer needs to consider any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information the council has obtained since the decision. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19)
18. Councils must complete reviews of the suitability of accommodation within eight weeks of the date of the review request. This period can be extended if the applicant agrees in writing.

The Council’s complaint process

19. The Council operates a two stage complaints process. It says it will respond to stage one housing complaints within 10 working days or let complainants know if it needs more time to respond. The Council says it will respond to stage two complaints within 20 working days.

What happened

20. Miss X lived in a property with her three children. In November 2024 Miss X’s landlord issued a section 21 notice seeking possession of the property. Miss X made a homelessness application on 9 December 2024. The Council’s case notes recorded that Miss X had three children, was employed for seven hours a week and a carer for her mother.
21. The next recorded action from the Council was a housing appointment with Miss X on 4 June 2025. The Council advised Miss X to remain in her property until evicted by bailiffs. The Council created a PHP for Miss X. The Council was satisfied Miss X was homeless and eligible for help. It accepted a relief duty to Miss X on the same day. It noted this ended on 30 July 2025.
22. Miss X’s landlord issued an eviction notice in July 2025 with an eviction date of 6 August 2025. Miss X provided a copy of the eviction notice to the Council on 16 July 2025. Miss X was evicted on the 6 August and on that date the Council offered Miss X accommodation in another town over 250 miles away. The Council said Miss X was not working enough hours to qualify for local housing. Miss X refused the offer due to the location of the property and complained to the Council on 8 August 2025. She said she was sleeping in her car with three young children. A solicitor acting on Miss X’s behalf asked the Council to review its decision on 20 August 2025.
23. Over the next few months Miss X chased the Council for a response to her complaint and review. On 24 November 2025 the Council emailed Miss X’s solicitor saying it had quashed the decision after review and passed the case back to a caseworker to consider information they had not previously considered. Internal case notes suggest the Council had not properly considered Miss X’s role as a carer when deciding on the suitability of its accommodation offer.
24. The Council responded to Miss X’s complaint on 25 November 2025. It apologised for its handling of Miss X’s case and upheld the complaint. It said it had withdrawn its accommodation offer and would complete a new housing assessment and PHP. The Council then spoke with Miss X on the phone the next day and completed an emergency accommodation proposal form. On the form the Council noted Miss X had caring responsibilities for her mother which it would need to consider with any accommodation offer.
25. Miss X asked the Council to consider her complaint at stage two of its complaint procedure on 5 December 2025. She said it had failed to take any action since its complaint response and not offered any interim accommodation. She said she was still sleeping in a car with her children. Miss X also complained to the Ombudsman at the same time. On receiving the case we alerted the Council to Miss X’s situation.
26. On 31 December 2025 the Council emailed Miss X. It said there was a delay dealing with Miss X’s review due to a lack of staff. It asked Miss X for evidence to support her review request. On 5 January 2026 Miss X chased the Council again. The Council accepted a main housing duty to Miss X on 6 January 2026 and offered Miss X temporary accommodation which she moved into on the same day. The Council sent Miss X the main duty letter on 14 January 2026 but emailed it to an incorrect address.
27. Miss X has since applied to join the Council’s housing register but says the Council has yet to process her application. The Council has not responded to Miss X’s stage two complaint.

My findings

December 2024 to February 2025

28. Miss X told the Council she was threatened with homelessness on 9 December 2024. She had received a section 21 notice which required her to leave within 56 days. The Council therefore had “reason to believe” she may be homeless or threatened with homelessness. This means it had a duty to make enquiries, assess Miss X’s case and take steps to prevent Miss X’s homelessness within 56 days. It did none of these. The Council did not act until June 2025 when it met with Miss X and accepted its relief duty to her. This was fault.
29. Had the Council acted without fault it would have worked to prevent Miss X’s homelessness for a maximum of 56 days between December 2024 and February 2025. The Council’s failure to do this caused Miss X almost three months of uncertainty over what steps the Council would take to prevent her homelessness.

February to August 2025

30. The Homelessness Code of Guidance at paragraphs 6.35 to 6.38 sets out when a person may be legally homeless after the expiry of a section 21 notice. It says “it is highly unlikely to be reasonable for the applicant to continue to occupy” beyond the date of a possession order and that councils should ensure homeless families are not evicted. On balance, if the Council had been proactive from December 2024, it would have accepted a relief duty following the 56 days of the prevention duty. This means by 3 February 2025 at the latest and because Miss X was in priority need, it also would also have owed her a duty to arrange interim accommodation at that point.
31. The relief duty would usually last 56 days, following which the Council would need to decide if it owed a main housing duty. On balance, if the Council had acted without fault, it would have decided it owed a main housing duty on or around 31 March 2025. At that point, the duty to arrange interim accommodation would have changed to a duty to arrange temporary accommodation. The delay in accepting a main duty, which the Council did not do until January 2026, is further fault. This delayed Miss X getting certain review rights and may affect the priority band and effective date on her housing register application.
32. The Council accepted a relief duty in June 2025. This means it accepted she was homeless and eligible for assistance at that point. As she was in priority need, it also owed her a duty to arrange interim accommodation at that point, which it failed to consider or do. This was further fault.
33. Had the Council acted without fault, it would have arranged interim accommodation in early February 2025. Therefore, Miss X remained in unsuitable housing or without housing at all from 3 February 2025 to 6 August 2025 when the Council offered interim accommodation. This caused Miss X four months of uncertainty and distress, faced with the constant worry of being street homeless with three children.

August 2025 to January 2026

34. In August 2025, when the Council offered Miss X accommodation over 250 miles away, Miss X asked for review of the decision. The Council had eight weeks to carry out this review but took 14 weeks. This was fault. After accepting its initial decision was flawed on review, the Council then took a further two months to come to a decision on Miss X’s case, accept a homelessness duty to Miss X and offer her temporary accommodation. This additional delay was also fault. During this time, the Council continued to ask Miss X for evidence to support her review request despite the Council having already quashed the original decision. This was fault.
35. In its review response the Council accepted it failed to consider Miss X’s role as a carer when deciding on the suitability of its August 2025 accommodation offer. This was information available to the Council when Miss X first told the Council she was threatened with homelessness. On balance, I am satisfied that had the Council made an accommodation offer without fault it would have offered Miss X suitable accommodation in its own area.
36. From 6 August 2025 until 6 January 2026 Miss X and her three children were street homeless, with no accommodation, as a result of fault by the Council. The Council should have arranged suitable accommodation for all of this period. Miss X reports having to sleep in her car during this time. Miss X and her family faced six months of severe distress. She says she and her children continue to suffer from the physical, emotional and psychological impact of this period.

The Council’s complaint handling

37. Miss X complained to the Council on 8 August 2025. The Council did not respond until 25 November 2025, a delay of 67 working days. This was fault. Miss X escalated her complaint to stage two on 5 December 2025, and the Council has yet to responds. This was fault. This has caused Miss X additional time and trouble pursuing her complaint.

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Action

38. Within one month of the final decision the Council has agreed to:
1. Apologise to Miss X for the uncertainty caused by its initial failure to prevent her homelessness, the further uncertainty and severe distress caused by its failure to arrange accommodation which resulted in Miss X and her family living in unsuitable accommodation for six months and being street homeless for six months following that.
2. Pay Miss X £500 to recognise the uncertainty caused by its failure to prevent her homelessness between December 2024 and February 2025.
3. Pay Miss X £1200 to recognise the uncertainty and distress caused by its failure to arrange accommodation between February and August 2025. This is £200 for every month Miss X and her family were living in unsuitable accommodation and is in line with the Ombudsman’s Guidance on Remedies.
4. Pay Miss X £6000 to recognise the impact of her and her family spending six months street homeless between August 2025 and January 2026. This is £1,000 for every month Miss X was street homeless and is in line with the Ombudsman’s Guidance on Remedies.
5. Complete Miss X’s housing register application, ensuring any effective priority date as a result of her homelessness reflects the date the Council should have accepted a main housing duty to Miss X, as outlined in paragraph 31, not the delayed date.
39. The Council should provide us with evidence it has complied with the above actions.
40. Following our recent report into the Council’s handling of a homelessness case, the Council has explained the steps it is taking to resolve the issues with its homelessness service. Because the Council is already taking suitable steps, I have not made any service improvement recommendations. We will continue to monitor the Council’s progress through our casework.

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Decision

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

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Investigator's decision on behalf of the Ombudsman