Summary: Miss X complained the Council failed to provide interim accommodation when she and her young children were evicted from their home. We found the Council’s failure to provide interim accommodation when it accepted a homelessness duty is fault. This fault caused Miss X unnecessary distress, uncertainty and financial expense. The Council will apologise and make payments to Miss X and will provide training to its staff.

The complaint

1. Miss X complained the Council failed to provide interim accommodation when she and her young children were evicted from their home. Miss X complained the Council wrongly told her she would have to find and self-fund accommodation until the Council could find suitable accommodation. Miss X says this left her family in crisis.

Back to top

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)

Back to top

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 my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Homelessness

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 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)
8. 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)
9. If a council is satisfied applicants are homeless and eligible for assistance, it must take reasonable steps to help secure suitable accommodation. When a council decides this relief duty has come to an end, it must notify the applicant in writing. The relief duty usually lasts 56 days. (Housing Act 1996, section 189B)
10. If, at the end of the relief duty, a council is satisfied an applicant is 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. (Housing Act 1996, section 193)
11. A council must also secure interim accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
12. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household.  This duty applies to interim accommodation and accommodation provided under the main homelessness duty.  (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

What happened here

13. The following is a summary of the key events relevant to our consideration of the complaint. It does not include everything that happened.
14. Miss X made a homelessness application on 15 May 2025 as her landlord had served a notice requiring them to leave their property. The Council arranged a telephone housing needs assessment for 30 May 2025.
15. During the assessment Miss X told the Housing Solutions Officer (HSO) they had received a possession order for 28 May 2025 but were still in the property and the bailiffs had not yet attended. Following the assessment the Council was satisfied Miss X was homeless and eligible for assistance and accepted a relief duty.
16. The HSO sent Miss X a Personal Housing Plan (PHP) setting out the action the Council and Miss X would take to try and resolve her homelessness. The HSO encouraged Miss X to look for private rented accommodation. Miss X told the officer this was not suitable due to her family’s circumstances and financial limitations. She said the private rented accommodation was unaffordable and the instability and stress of the private sector would be harmful to her child’s wellbeing.
17. The HSO confirmed that if Miss X found a property it could assist with the deposit and first month’s rent.
18. On 17 July 2025 Miss X told the Council her eviction date was set for 16 September 2025. She asked the HSO to review her case as the situation was causing herself and her family high levels of stress. The HSO told Miss X to make an active effort to look for private rented properties and that she could not rely on the Council to get her rehoused by 16 September 2025.
19. Miss X contacted the Council in early September 2025 expressing concern about the eviction in less than two weeks and asking the HSO for practical support. The HSO advised that due to the housing crisis the Council strongly advised people to find their own private rented property with financial assistance from the Council.
20. The HSO told Miss X they would be on leave when the bailiffs attended on 16 September 2025 and that she should call the Council’s duty line on that day. The HSO said they could only apply for temporary accommodation on the day of eviction and could not apply in advance.
21. Miss X contacted the Council on 16 September 2025 and said the bailiffs were due at 11am. The Council’s records show an officer contacted Miss X at around quarter to four that afternoon and asked if there was anywhere the family could stay for a few days while suitable accommodation was sought. The officer said temporary accommodation with no cooking facilitates and shared washing facilities was not suitable for a young family and the Council did everything it could to avoid placing families in this type of accommodation.
22. Miss X told the officer there was no one who could accommodate them and they had nowhere to stay that night. The officer asked Miss X to provide three months bank statements. They then advised they considered Miss X had sufficient funds to self-fund for one evening. The officer said the Council would then look to match the family to suitable accommodation the following day.
23. The Council provided links to hotel accommodation for Miss X to contact. Miss X told the Council she was unable to fund for more than one evening as she had to feed her family.
24. Miss X contacted the Council the following day to ask for accommodation. The Council considered Miss X had sufficient funds to pay for accommodation and food for a second night.
25. On 18 September 2025 Miss X again contacted the Council and advised she was almost out of money and could not afford to self-fund another night’s accommodation. Miss X also complained that the Council’s actions had placed her family in a vulnerable and degrading position. She asserted the Council had duties to assist her family under the Housing Act 1996, the Children Act 1989 and the Human Rights Act 1998. She asked the Council to provide temporary accommodation and to explain why it had again requested her bank statements.
26. The Council provided Miss X with temporary accommodation at a hotel on 18 September 2025.
27. On 20 September 2025 Miss X made a formal complaint to the Council about the failure to provide interim accommodation. She also requested a direct offer of permanent accommodation. Miss X said the Council’s failure to provide accommodation when the family was evicted meant she had to fund accommodation for two night using money intended for groceries. She said the distress and uncertainty combined with the financial hardship left her vulnerable children and autistic family members at severe risk.
28. Miss X asked the Council to make a direct offer of suitable permanent social housing, close to her children’s schools, healthcare and support network.
29. The Council offered further temporary accommodation on 23 September 2025. Miss X accepted the temporary accommodation but does not consider it suitable. She intends to request a suitability review.
30. The Council responded to Miss X’s complaint on 1 October 2025. It noted the Council had accepted the main housing duty in July 2025 but that this duty does not guarantee a direct offer of permanent social housing. It said the duty required the Council to assist Miss X in securing accommodation. And that the Council had now provided temporary accommodation in line with that duty.
31. In relation to Miss X’s request for a direct offer, the Council said it operated a choice based letting system and encouraged Miss X to continue bidding for properties. The Council confirmed it had noted Miss X’s concerns about the suitability of private rented accommodation for her family’s needs. But said these concerns did not exclude her from private rented sector options.
32. The Council said that when Miss X was evicted in September 2025 it assessed her financial circumstances and felt she had the resources to resolve her own homelessness for two nights. It noted her current accommodation was a 10 minute drive from the services Miss X and her family accesses. The Council reminded Miss X she had a right to request a formal review of the suitability of the temporary accommodation.
33. Miss X was not satisfied by the Council’s response and asked for her complaint to be considered further. She maintained the Council had an immediate duty to provide temporary accommodation and should not have required her to source and fund her own accommodation. Miss X also considered the Council should make reasonable adjustments to ensure her family is placed in suitable accommodation.
34. The Council was satisfied its initial response addressed her concerns. It did not accept there had breach of its homelessness duties and was satisfied it had followed correct procedures. It would not therefore issue an apology or provide the financial redress Miss X had requested.
35. As Miss X remains dissatisfied she has asked the Ombudsman to investigate her concerns.
36. In response to my enquiries the Council says it aims to try and source alternative accommodation prior to any eviction. Or to assist the applicant in sourcing their own accommodation prior to any bailiff warrant being executed. The Council says tenants have a legal right to occupy accommodation up until a bailiff warrant is executed. It would not therefore normally provide temporary accommodation if the applicant has suitable accommodation up until the eviction date.
37. The Council says there was nothing to indicate Miss X’s property was unsafe or unreasonable to stay in during the possession proceedings. The HSO who spoke with Miss X on 16 September 2025 considered she had a reasonable amount of funds to secure a hotel for one nights prior to further enquiries the following day.

Analysis

38. The Council accepted it owed Miss X a relief duty in late May 2025 as she was homeless and eligible for assistance. However the Council did not at this stage offer Miss X interim accommodation.
39. Where a council has reason to believe an applicant is homeless, eligible and has a priority needs it must provide interim accommodation whilst fulfilling the relief duty. The Council would have had reason to believe Miss X had a priority need as has dependent children. It therefore had a duty to provide interim accommodation. The failure to provide Miss X with interim accommodation is fault.
40. I recognise that the Council considered it was safe for Miss X to remain in the property, and that this may have been preferrable to hotel accommodation. It is also the correct that, subject to certain exceptions, tenants have the right to remain in occupation until a warrant for possession is executed.
41. However, I do not consider this absolves the Council of its duty to provide interim accommodation.
42. The Council told Miss X it could only apply for temporary accommodation on the day she was evicted, and not before. This is fault. The Homelessness Code of Guidance is clear that councils should not adopt a blanket policy or practice on the point at which it will no longer be reasonable for an applicant to occupy following the expiry of a section 21 notice.
43. The guidance is also clear that councils should not consider it reasonable for an applicant to remain in occupation up to the point at which a court orders a warrant to enforce an order for possession.
44. The Council’s refusal to provide temporary accommodation when Miss X was evicted is also fault. It should not have required Miss X to find and pay for accommodation while it sourced suitable temporary accommodation.
45. The Council’s actions are particularly concerning as its response to Miss X’s complaint suggests it accepted the main housing duty in July 2025. The Council’s records show the relief duty was due to end on 25 July 2025 and the duty is marked as completed on 29 July 2025. There is however no record the Council informed Miss X the relief duty had ended, or that it had accepted the main housing duty. The failure to inform Miss X of these decisions is fault.
46. Having accepted the main housing duty the Council should then have secured accommodation for Miss X and her family in July 2025. The failure to do so is fault.
47. These faults have caused Miss X a significant injustice. She experienced unnecessary stress, uncertainty and financial expense at what was already a difficult time for her. Had the Council provided interim and/ or temporary accommodation Miss X could have avoided the distress and uncertainty and would not have incurred court and bailiff costs for the eviction or the cost of two nights of self-funded accommodation.

Back to top

Action

48. The Council has agreed to:
• apologise to Miss X for the distress, uncertainty and financial difficulties she has experienced as a result of the fault identified. 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.
• pay Miss X £500 to recognise the avoidable distress and uncertainty she has experienced as a result of the fault identified;
• reimburse Miss X the court and bailiff costs she has incurred in the eviction process; and
• reimburse Miss X the cost of accommodation on 16 and 17 September 2025.
49. The Council should take this action within one month of the final decision on this complaint and provide us with evidence it has complied with the above actions.
50. The Council has also agreed to:
• provide training to its housing officers responsible for considering homeless applications. This is to ensure all officers have a clear understanding of its duties under the Housing Act 1996 and the Homelessness Code of Guidance in circumstances in relation to applicants being evicted from private rented accommodation.
• remind officers of the importance of notifying homelessness applicants of the correct homelessness duty and ensuring the Council accepts and ends the correct duties at relevant times.
51. The Council should take this action within three month of the final decision on this complaint and provide us with evidence it has complied with the above actions.

Back to top

Decision

52. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Back to top

Investigator's decision on behalf of the Ombudsman