Summary: The Council was at fault for failing to protect Miss X’s property when she was homeless. As a result, Miss X remained in accommodation where she was at risk of domestic abuse. The Council has agreed to apologise, make a payment to Miss X, and improve its services.

The complaint

1. Miss X complained that the Council failed to make suitable arrangements to protect her property when it offered her interim accommodation as part of its homeless duty to her.
2. Miss X said she could not move into the accommodation and as a result she accrued rent arrears on the property and had to remain in a property where she was at risk of domestic abuse.

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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 complaint and the information provided by Miss X’s representative.
6. I made written enquiries of the Council and considered its response along with relevant law and guidance.
7. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
8. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Homelessness – protection of property

9. Where the council owes or has owed certain housing duties to an applicant, it must protect the applicant’s personal property if there is a risk it may be lost or damaged. A council may make a reasonable charge for storage and reserve the right to dispose of the property if it loses contact with the applicant. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)

What happened

10. The Council accepted in late 2021 that Miss X needed to move out of her home because she was at risk of domestic abuse from an ex-partner. Under its homelessness duty, the Council offered Miss X interim accommodation, which she accepted.
11. Miss X told the Council she could not bring all her belongings to this accommodation, as they would not fit. The Council said its policy was to pay for transporting Miss X’s belongings into storage. It would also pay the first month’s storage fees. After this, Miss X would be responsible for meeting the storage costs.
12. Miss X’s representative told the Council in January that Miss X wanted to move into the property but could not afford the storage costs.
13. After two weeks, the Council ended Miss X’s licence for the interim accommodation because she had not moved into it. Miss X owed two weeks of rent on the interim accommodation.
14. Miss X’s representative complained to the Council. The complaint said because Miss X could not afford the storage costs, she felt unable to stay in the interim accommodation. As a result, she returned to a property where she was at risk of domestic abuse.
15. The Council responded at stage one of its complaints process in April. It said “best practice” would have been for it to consider how much Miss X could afford to pay for the cost of storage. The Council offered to reduce the rent Miss X owed by £219. This was the cost of the first month’s storage. The Council also confirmed that it was reviewing its storage policy to “ensure the highest levels of service standards are achieved in future”.
16. Miss X’s representative asked the Council to write off the two weeks of rent arrears. This was because Miss X was only unable to occupy the interim accommodation because the Council failed to protect her property. The Council refused this request. It said Miss X did not tell it she was not occupying the property. Had she done so, it would have cancelled the accommodation sooner, reducing the debt.

My findings

17. The Council had a statutory duty to protect Miss X’s belongings if not doing so would result in the property being lost or damaged. The Code of Guidance says this duty might arise if, for example, the applicant is “unable to afford to have it stored themselves.” (Homelessness Code of Guidance 20.6)
18. In limiting its funding of storage to one month, I consider the Council’s policy fails to meet its statutory duty. The Council can make a charge for storage but this should consider the homeless person’s financial circumstances.
19. Miss X could not afford the monthly storage costs. Therefore, as soon as the month the Council paid for had ended, her belongings would once again have been at risk of loss or damage. And the Council would again have had the legal duty described in paragraph 9. The Council was at fault in refusing to pay for storage for longer than one month and for failing to consider what Miss X could afford to pay towards the cost.
20. As a result, Miss X felt unable to move into the interim accommodation and remained in a property where she was at risk of domestic abuse. This is a significant injustice to Miss X.
21. The Council accepted some fault in its stage one complaint response and offered to pay the costs of one month’s storage towards the rent arrears. The Council said it would not write off the two week’s rent arrears because Miss X did not tell the Council she was not occupying the accommodation.
22. This was to misunderstand the impact of the fault. Miss X wanted and intended to move into the interim accommodation. The day before the Council ended the licence, Miss X's representative told the Council she “would like to proceed but cannot afford the storage charges proposed.”
23. Were it not for the Council’s failure to protect her property, I find it likely Miss X would have moved into the interim accommodation. She could then have claimed Housing Benefit to meet the cost of the rent. Instead, she accrued avoidable rent arrears. This is an injustice to Miss X.

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Agreed action

24. To remedy the injustice to Miss X from the fault I have identified, the Council has agreed to:
• Apologise to Miss X
• Write off the arrears for the interim accommodation
• Pay Miss X £300 in recognition of her avoidable distress
25. The Council should take this action within four weeks of my final decision.
26. The Council should also take the following action to improve its services:
• Ensure its review of its policy for storing the belongings of homeless applicants takes full account of its duty under s211 of the Housing Act 1996 and Chapter 20 of the Code of Guidance.
• Ensure its new or amended policy for protecting the property of homeless applicants does not remain a blanket policy limiting the support the Council will provide to a particular amount or length of time.
27. The Council should tell the Ombudsman about the action it has taken within eight weeks of my final decision.

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Final decision

28. I have completed my investigation. The Council was at fault. The action I have recommended is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman