Summary: Miss X complained the Council failed to provide temporary accommodation for herself and her children following her homelessness application. She also complained about the Council’s lack of communication with her regarding this matter. Miss X said the Council’s actions caused her and her children significant avoidable distress and uncertainty and left them without a place to live. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy and carry out a review of its processes.

The complaint

1. Miss X complained the Council failed to provide temporary accommodation for herself and her children following her homelessness application. She also complained about the Council’s lack of communication with her regarding this matter. Miss X said the Council’s actions caused her and her children significant avoidable distress and uncertainty and left them without a place to live. Miss X would like the Council to make improvements to its service to avoid a reoccurrence of what happened. She would also like the Council to provide an apology and a financial remedy.

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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. 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 had an opportunity to comment on a draft of this decision. I considered any comments before making a final decision.

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What I found

Legislation and statutory guidance

6. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness. 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)
7. 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. They 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)
8. A council must secure accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)

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 for their occupation (unless it refers the application to another housing authority under section 198). This is called the main housing duty.
11. Councils must decide whether they owe the main housing duty 56 days after accepting the relief duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)

What happened

12. This chronology includes key events in this case and does not cover everything that happened.
13. Miss X lived with her three children at her parent's home. Miss X has a health condition and has a diagnosis of anxiety and depression.
14. In early May 2025, Miss X contacted the Council. She told the Council her parents had given notice stating that Miss X and her children could no longer live at their address from July 2025. Miss X told the Council she was unable to continue to receive treatment for her mental health because of her housing situation and provided medical evidence confirming that treatment may resume once she had moved to a more stable environment.
15. On 2 June 2025, the Council carried out a homelessness assessment in respect of Miss X and her children.
16. On 16 June 2025, the Council wrote to Miss X confirming it had accepted the relief duty, having decided that Miss X was eligible for assistance, homeless and in priority need. The Council also provided Miss X with a PHP.
17. On 20 June 2025, the Council told Miss X it had nominated her for some privately rented accommodation, Property A. The Council said it would help to arrange a viewing.
18. On 25 June 2025, Miss X asked the Council when she would hear from the letting agents acting in respect of Property A. The Council told Miss X the letting agents would contact her directly.
19. Miss X emailed the Council again on 30 June 2025 asking when she would receive a call. Miss X reminded the Council that she was due to be evicted the next day.
20. The Council emailed Miss X on 1 July 2025 and apologised for the delayed response. It said it would contact Miss X later that morning.
21. Miss X emailed the Council later that day. She said the Council had called her and asked if she could stay at her parent’s house for a few extra nights. Miss X stated that was not an option. Miss X said the Council had left her and her children with no home. Miss X says she and her three children had to sleep in her car on the night of 1 July 2025.
22. On 3 July 2025, the Council found out that Property A was no longer available.
23. Miss X called the Council on 15 July 2025, asking to speak to a manager. She said she had emailed her housing officer several times but had not received a response.
24. Miss X emailed the Council again on 21 July 2025 requesting an update about Property A and whether she was still able to view the property. Miss X said the uncertainty regarding the situation was making her ill. The Council replied on the same day, apologising for the delayed response. The Council told Miss X that Property A was no longer available but said it would notify her when there was a suitable property.

Miss X’s complaint

25. Miss X complained to the Council on 1 August 2025. She said the Council’s communication with her had been minimal and the Council had acted unprofessionally. Miss X said her situation had not changed, and the Council had not offered her any temporary accommodation or provided an explanation for this.
26. The Council provided its complaint response on 20 August 2025. It said it was not always possible to respond to Miss X’s correspondence on the same day. The Council acknowledged Miss X had asked to speak to a manager, and it apologised for not handling the request appropriately. The Council acknowledged a property had become available but was taken before Miss X was able to view it. The Council partially upheld Miss X’s complaint.
27. On 2 September 2025, Miss X told the Council she had found another property in the private rented sector, Property B. On the same day, the Council contacted the letting agent. It stated the Council could offer a one-off incentive payment on behalf of Miss X, to be made instead of a deposit and rent in advance.
28. The letting agent requested clarification from the Council regarding its offer. It said it required payment of the deposit and the first month’s rent in advance before Miss X could move in.
29. The Council responded, stating that it was not paying rent in advance or the deposit, but was instead offering a one-off incentive.
30. On 8 September 2025, the Council notified Miss X that it had accepted the main housing duty.
31. On 15 September 2025, Miss X asked the Council to arrange payment with the letting agents for Property B. She said the agents expected her to pay the first month’s rent when she signed the tenancy agreement, but she was not in a position to do this.
32. On the same day, the letting agents told the Council it was unsure if it would proceed with letting Property B to Miss X because she had indicated she was unable to pay the deposit and the first month’s rent.
33. Miss X escalated her complaint to the Council on 16 September 2025. She said the Council had not responded to several emails and telephone calls. She also complained the Council had not offered any interim accommodation. Miss X said she had no fixed address and she and her children were having to spend time living between friends and family. Miss X said she felt ignored by the Council.
34. The Council provided its complaint response on 23 October 2025. It said it was sorry to hear that not all contacts from Miss X had gone smoothly and said its service was very busy. The Council said it understood that Miss X was able to negotiate and remain at her parent’s address while housing options were explored. It said if this was not the case, Miss X should contact her caseworker who would review the situation. The Council said Miss X’s caseworker had clearly set out that the help offered was via an incentive payment. It said if the letting agent was not satisfied with this arrangement, and still required a deposit, this was a matter for the tenant.
35. Miss X remained dissatisfied with the Council’s response and brought her complaint to the Ombudsman.

What happened next

36. The Council offered Miss X temporary accommodation in June 2026. Miss X accepted the offer and moved into temporary accommodation in late June 2026.

Analysis – arranging interim accommodation

37. Miss X told the Council she had been given notice to leave her parent’s accommodation by 1 July 2025. The Council subsequently carried out a homelessness assessment.
38. The Council accepted Miss X was eligible for assistance, homeless and in priority need. In its letter dated 16 June 2025, the Council notified Miss X of its decision and its duty to provide interim accommodation.
39. I have seen no evidence to indicate the Council arranged interim accommodation for Miss X. The evidence indicates that interim accommodation was not approved because Miss X’s case was a family eviction and the caseworker was encouraged to find accommodation in the private rented sector. In its response to our enquiries, the Council acknowledged there was a failure to request homelessness accommodation by the Housing Options Team after the focus for a solution in the private rented sector did not materialise.
40. The duty to arrange interim accommodation is absolute and the authority cannot postpone it due to a lack of available resources. The duty arises as soon as the authority has reason to believe that an applicant may be eligible, homeless and in priority need. Councils should have processes in place to find accommodation for households on the day they need it. 
41. The Council’s failure to arrange interim accommodation for Miss X is not in accordance with section 188 of the Housing Act 1996. This is fault which caused an injustice, namely avoidable distress and a missed opportunity for Miss X and her children to be placed in interim accommodation. In addition, the fault impacted Miss X’s ability to receive psychological support while she was without stable accommodation. Miss X had to sofa surf between friends and family from July 2025 until the Council offered temporary accommodation in late June 2026. This is a period of 12 months.

The Council’s communication with Miss X

42. Miss X complained about the lack of communication from the Council regarding her homelessness application. In its complaint response, the Council apologised that not all its communications with Miss X met her expectations.
43. Having reviewed the Council’s correspondence, the evidence indicates a delay by the Council in communicating with Miss X during the period June/July 2025. Miss X chased a response to her queries during this period, during which time Property A became unavailable. In addition, the evidence shows the Council was aware on 3 July 2025 that Property A was no longer available, but it did not inform Miss X of this until 21 July 2025, despite several requests for an update. The Council’s delay in communicating with Miss X is fault causing avoidable distress and uncertainty regarding the potential placement at Property A.

Delay in accepting the main housing duty

44. The Council accepted the relief duty on 16 June 2025 and accepted the main housing duty on 8 September 2025.
45. Councils should be able to make the main housing decision on day 57 from the date of being satisfied the applicant is homeless in almost all cases. If a council needs to make more inquiries, the Code says it should take no more than a further 15 working days.
46. The Council made the main housing decision 84 days after accepting the relief duty. I have seen no evidence to indicate the Council needed to make further enquiries in order to decide the main duty.
47. This is delay causing avoidable distress and uncertainty to Miss X.

Miss X’s personalised housing plan

48. The PHP set out the support Miss X needed to help her find and keep suitable accommodation. This included receiving help from the Council with the first month’s rent and deposit/incentive if she found private rented accommodation (subject to obtaining permission from the Council before signing a tenancy agreement).
49. The PHP also set out the actions the Council said it would take to provide support to Miss X. This included offering financial assistance by providing the first month’s rent and deposit (subject to an affordability assessment).
50. Miss X told the Council on 2 September 2025 that she had found a property (Property B). The Council contacted the letting agent on the same day and offered a one-off incentive payment. The letting agent asked the Council for clarification regarding this, including whether the one-off payment included the deposit and the first month’s rent. The Council told the letting agent on 3 September 2025, “we are not paying rent in advance or deposit, instead offering a one-off incentive that doesn’t have to be returned”.
51. On 15 September 2025, Miss X asked the Council to arrange payment with the agents. On the same day, the letting agent emailed the Council to say it was unsure if it was continuing with the move because Miss X had stated she was unable to pay the deposit and first month’s rent. Miss X also told the Council on the same day that the agent was questioning whether she could have the property because the Council would not pay the first month’s rent. Miss X told the Council the agent expected her to make this payment, but she was not in a position to do so. Ultimately, the move to Property B did not go ahead.
52. In its response to our enquiries, the Council said it can pay:
1. an incentive fee to a landlord, or
2. a deposit and first month’s rent
53. The Council said it cannot pay both. It said, in this case, the letting agent appeared to require all three elements.
54. I acknowledge the Council’s explanation. However, I have seen no evidence to indicate the agent required payment of an incentive fee and a deposit and first months’ rent. The agent asked for clarification as to whether the one-off payment would cover the deposit and first month’s rent; the Council told the agent it did not.
55. In addition, whilst I acknowledge Miss X’s PHP identified that the support she required included help from the Council with the first month’s rent and deposit or an incentive, the agreed actions as set out in the PHP do not state the Council would make an incentive payment. The relevant section of the PHP only states the Council would offer financial assistance by providing the first month’s rent and deposit (subject to an affordability assessment).
56. The evidence indicates the Council focussed on offering a one-off payment (which it specified as part of its correspondence with the letting agent was not for the deposit or rent). Therefore, the Council did not provide the assistance it agreed to take as set out in the PHP. This is fault.
57. The injustice to Miss X is avoidable distress and uncertainty regarding a potential missed opportunity for her to move into Property B. There is uncertainty regarding this matter because the Council’s records indicate the agent also required a guarantor.

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Action

58. To address the injustice identified, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Miss X. 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, and
2. Make a symbolic payment of £4,200 to Miss X in recognition of the avoidable distress and uncertainty, and the failure to provide suitable accommodation during what was inevitably a stressful period in her life. This equates to £350 per month for 12 months (beginning of July 2025 to end of June 2026). This amount is in accordance with our published guidance on remedies.
59. The Council has also agreed to take the additional following action within three months of the final decision:
1. Review the Council’s procedures to ensure it has appropriate processes in place to minimise delays in determining whether the Council owes the main housing duty, and to ensure it is clear that all homelessness applicants, including cases of family evictions, should be considered for interim accommodation once the Council has reason to believe an applicant may be eligible, homeless and in priority need.
60. The Council should provide us with evidence it has complied with the above actions.

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Decision

61. I find fault causing injustice. The Council has agreed to take the above actions to remedy the injustice identified and I have therefore concluded my investigation.

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Investigator's decision on behalf of the Ombudsman