Summary: Miss X complained the Council disposed of most of her and her children’s belongings when she was not able to move them herself from temporary to permanent accommodation, despite asking the Council for help. Miss X said the Council disposed of her father’s antique bed which had great sentimental value. She said it caused unnecessary distress and upset. We find the Council at fault and the fault caused Miss X injustice. The Council will apologise, make a payment to Miss X, and improve its service.

The complaint

1. The complainant, who I refer to here as Miss X, complained that the Council failed to help her move her belongings when she moved from temporary accommodation to permanent accommodation. Miss X is disabled and said the Council disposed of her belongings when she was not able to move them herself, despite asking the Council to help her move.
2. Miss X said that when she left the temporary accommodation, the Council disposed most of her belongings including an antique bed left to her by her father which had great sentimental value. She said it caused unnecessary distress and upset.

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The Ombudsman’s role and powers

3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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(i), as amended)

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How I considered this complaint

5. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.
6. I considered the relevant legislation, guidance, and policies, set out below. I also considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

Legal duty to protect people’s belongings

7. Councils have a duty to protect the personal belongings of people who they owe certain duties to because they are homeless or threatened with homelessness. The duty applies if a council has reason to believe there is a risk of loss or damage to someone’s belongings because the person is not able to protect or deal with their belongings, and no other suitable arrangements have been, or are being, made.
8. The law says councils shall take reasonable steps to prevent the loss of belongings, or to prevent or mitigate damage to it. The law says this is regardless of whether or not the person is still subject to a council’s homelessness duty to them.
9. The law says a council’s duty to protect personal belongings ends when the council finds there is no longer any reason to believe there is a risk of loss or damage to the person’s belongings because of the person’s inability to protect it or deal with it.

The law says a council has certain duties to the person when it is no longer subject to its duty to protect their personal belongings under section 211, or no longer has the power to take protective action, having previously taken such action. The law says councils shall notify the person that it no longer has a power or duty to protect their belongings. The law says a council shall deliver this notification to the person or leave it, or send it, to their last known address (section 212 (4) and (5)). (Sections 211 and 212 of the Housing Act 1996, updated by the Homelessness Reduction Act 2017)

Discretionary Housing Payments

10. Councils can use Discretionary Housing Payments (DHPs) to provide financial assistance to people who receive housing benefit, or the housing costs element of Universal Credit, when they consider that additional help with housing costs is needed.
11. DHPs may be awarded as a one-off payment or periodically for a time the council considers appropriate. Once a person has applied for a DHP, councils have discretion on whether to award a DHP and, if so, how much to award.
12. When someone needs help with housing costs, it is often due to a shortfall between the person’s benefit entitlement and the cost of their rent. However, the concept of ‘housing costs’ is broader than this.
13. The Department for Work and Pensions issued guidance on DHPs. This guidance says ‘housing costs’ can include rent in advance, deposits, and other lump sum costs associated with housing need such as removal costs.
14. The Council has a policy on Discretionary Housing Payments. This says the Council has adopted the Department for Work and Pensions’ broader interpretation of ‘housing costs’, and “will consider one-off awards of DHP to help with these costs”.

What happened

15. Miss X and her two children had been homeless. The Council had been housing them in temporary accommodation under the main housing duty. In April 2022, Miss X signed a tenancy agreement for permanent accommodation and got the keys to the property. She was meant to move in early May.
16. A few days after her move-in date, Miss X asked the Council for help to move her belongings from the temporary accommodation to the permanent accommodation. The Council said it could not provide any help because of financial constraints.
17. Miss X told a Council officer (who I will refer to as Officer A) that she had applied for, and received, a Local Support Payment from the Department for Work and Pensions. She said she received the maximum amount which covered the cost of a fridge-freezer and cooker, but the payment did not cover the cost of transporting her belongings to her new accommodation.
18. A few days later, Officer A emailed Miss X asking her to return the keys to the temporary accommodation. Miss X replied the same day. She repeated that she was unable to move any of her belongings because she did not have the money to do this. She said this was the third time she had told the Council this, and the second time she had told Officer A this. Miss X said she would return the keys once her belongings had been moved to her new accommodation.
19. Officer A replied saying she had forwarded Miss X’s email to another officer (Officer B).
20. A few days later, Miss X emailed Officer B. She said she had no means of moving her belongings, and the Council had not offered to help. She said she could not afford to pay the rent on both the temporary accommodation and her new accommodation, so she would have to return the keys that day. Miss X repeated that without the Council’s help to move her belongings, they would be lost.
21. The next day, Miss X returned the keys to the Council. She signed a ‘vacation form’ which allowed the Council to dispose of any items left behind.
22. Miss X then complained to the Council.
23. The Council said when Miss X handed back the keys, she did not ask for her belongings to be delivered to her new home. It said Miss X signed the vacation form which authorised the Council to dispose of any items left in the property.
24. The Council acknowledged that it had helped Miss X move her belongings in the past, between temporary accommodations. But it said moving to permanent accommodation did not fall under this category. For this reason, the Council could not offer the cost of removal services.
25. The Council repeated that it could not have helped Miss X because of financial constraints.
26. Miss X then brought her complaint to the Ombudsman.

Analysis

27. The Council told the Ombudsman it “does not provide financial assistance for removals from residents moving out of temporary accommodation into permanent tenancies, due to budgetary constraints”. I do not find this is a reason for the Council to neglect its duties to protect Miss X’s belongings. The Council could have considered making a reasonable charge for this, as set out in the law. There is no evidence the Council considered this.
28. The Council said its duty to protect Miss X’s belongings ended on the day she signed the vacation form. This is not in line with the law. As I have said above, the law says councils shall take reasonable steps to prevent the loss of belongings, regardless of whether or not the person is still subject to a council’s homelessness duty to them. The fact that Miss X signed the vacation form did not release the Council from its duties.
29. A key point here is that Miss X repeatedly asked the Council for help moving her belongings before she signed the vacation form. I find the Council failed to respond adequately.
30. The duty to protect Miss X’s belongings arose when the Council still owed Miss X a housing duty. The duty to protect her belongings continued even though the Council ended its housing duty to her with an offer of permanent accommodation.
31. As the Council owed Miss X the main housing duty, by law it had to decide if there was a risk that her personal belongings would be lost due to her inability to protect them. The Code makes it clear that ‘inability’ does not just mean physical incapacity or illness, but also includes if someone cannot afford to do what is necessary to protect them, as in Miss X’s case.
32. Further to this, the law says a council’s duty to protect personal belongings ends when the council finds there is no longer any reason to believe there is a risk of loss or damage to the person’s belongings because of the person’s inability to protect it or deal with it. There is no evidence to suggest the Council ever believed there was no longer a risk to Miss X’s belongings. Instead, the Council disposed of them.
33. I find Miss X was clear with the Council from the beginning that she was not able to move her belongings, could not make suitable arrangements, and without the Council’s help her belongings would be lost. Miss X disputes what the Council says in its complaint response (paragraph 24). She says she was clear, when she handed back the keys, that she needed help moving her belongings to her new home. Given the number of times Miss X asked various Council officers for help, I am persuaded that she did ask the Council for help, again, when handing back the keys.
34. The Council said it protected Miss X’s belongings by storing them in the vacant temporary accommodation for two weeks after her new tenancy started. It said it took reasonable steps to protect her belongings by giving her advice and assistance, and engaging with a different officer (Officer B).
35. The Council said Officer B did not contact Miss X after her direct email to him because he had already advised her to apply for financial support through Local Support Payments. It said Officer B advised her about the Payments when she signed up for the permanent accommodation so he did not feel it was necessary to contact her again.
36. The Council’s complaint responses refer to the fact that Miss X told Officer A, when she first asked for help, that she had received a Local Support Payment but it did not cover the cost of transporting her belongings. So, the Council knew Miss X had already taken the advice Officer B previously gave her.
37. I find Officer B’s decision that it was not necessary to call Miss X back shows poor communication. It appears Officer B did not look at Miss X’s communications with the Council over the previous week, because this would have told him that she had already taken the action he had previously advised, and this did not help her with the cost of moving.
38. The Council said Officer A’s manager also received Miss X’s email asking for help. This was forwarded to the manager on the first day Miss X asked for help. The Council has not provided any evidence that the manager took any action following that email. This is poor communication and a missed opportunity.
39. I do not agree that the Council took reasonable steps to help Miss X protect her belongings. The Council says its reasonable steps were giving Miss X advice and assistance, and engaging with Officer B.
40. As I have already found, when Miss X asked for help she told the Council she had taken Officer B’s advice about applying for a Local Support Payment. Officer B chose not to reply to Miss X’s request for help. I therefore find Officer B did not provide any advice or assistance. Further, I find Officer A’s advice (to speak to Officer B because the Council could not provide financial support because of budget constraints) was not a reasonable step in protecting Miss X’s belongings.
41. As I have said above, the law says a council shall notify a person that it no longer has a power or duty to protect their belongings. The law says a council shall deliver this notification to the person or by leaving it, or sending it, to their last known address. I have seen no evidence the Council did this. I do not find that Miss X signing the vacation form absolves the Council of this duty.
42. I have also considered the Council’s policy on Discretionary Housing Payments (DHPs). The Council’s policy says it will consider one-off DHP awards for removal costs.
43. While I cannot say the Council would have awarded Miss X a DHP if she had applied, I have seen no evidence that the Council considered this option or signposted Miss X to apply for one. I find the Council should have suggested this option to Miss X rather than refusing to help due to financial constraints. Officers should know that the Council’s DHP scheme can consider financial assistance for this housing cost.
44. I find the Council at fault because it failed to protect Miss X’s belongings even though it had a duty to do so. This caused Miss X injustice. The Council disposed of most of her and her two children’s belongings, including an antique bed which was her father’s. Miss X tells me she managed to keep possession of this bed throughout the time she was homeless. It is now lost.
45. I find the loss of this sentimental bed along with most of the family’s other belongings, and the Council’s refusal to help, caused Miss X unnecessary and avoidable distress. Also, Miss X has had to spend a considerable amount of money replacing lost items.

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Agreed action

46. Within four weeks of this decision, the Council has agreed to apologise to Miss X in writing for the injustice caused by failing to protect her belongings as it should have.
47. Within four weeks of this decision, the Council has agreed to make a payment to Miss X of £1860. This is made up as follows:
• Miss X has provided receipts for the major items she had to replace (£1310 for two beds, two mattresses, a table and chairs, and a washing machine). I consider the Council should reimburse her for this given that, but for the fault, she would not have had to replace these items;
• Miss X will need to buy another bed and mattress for one of her children. Given that she paid £250 for a bed and mattress for one child, I consider it likely that she will have to pay another £250 for these;
• I consider a payment of £300 is appropriate to remedy the unnecessary, avoidable distress caused. This is at the maximum end of the Ombudsman’s guidance on payments for distress, which usually proposes between £100 and £300. I find this is appropriate given the length of time Miss X asked for help and the significant impact of the loss of her belongings.
• Together, these total £1860.
48. In arriving at the above figures, I have considered the Ombudsman’s published guidance on remedies.
49. Within three months of this decision, the Council has agreed to issue a briefing note to all housing staff, including managers, to remind them of the legal duties to protect personal belongings regardless of whether or not it still owes a housing duty to that person. This briefing note should also remind staff of the Council’s policy on Discretionary Housing payments and how they can be used. The Council may wish to share this decision with all housing staff to illustrate the injustice that can be caused by failing to act in line with its duties, as well as what those duties are.
50. The Council should provide us with evidence it has complied with the above actions.

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Final decision

51. I have completed my investigation. I find the Council at fault and the fault caused Miss X injustice. The Council has agreed to take action to remedy the injustice and improve its service.

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Investigator's decision on behalf of the Ombudsman