Summary: We have found fault with the Council for failing to secure suitable accommodation for Miss X when she was homeless after fleeing domestic abuse. This caused Miss X prolonged uncertainty and distress. The Council has agreed to remedy Miss X’s avoidable injustice by securing suitable accommodation, an apology and a payment.

The complaint

1. Miss X complained about how the Council handled her homelessness case after she approached the Council for help when fleeing domestic abuse.

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(i), as amended)

Back to top

How I considered this complaint

4. I have considered Miss X’s complaint and have spoken to her about it.
5. I have also considered the Council’s response to Miss X and to my enquiries.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

The law and guidance

7. 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.
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)
9. Applicants in priority need include people who are homeless because of being a victim of domestic abuse.

The relief duty

10. 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)
11. A council can refer an applicant to another council after accepting the relief duty if:

a) The applicant does not have a local connection to its area; and

b) The applicant has a local connection to the area referred to; and

c) The applicant will not be at risk of domestic abuse or other violence in that area. (Housing Act 1996, section 198).

The main housing duty

12. If 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. (Housing Act 1996, section 193)

Decision letters

13. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.30)

Review rights

14. Homeless applicants may request a review within 21 days of being notified of a decision including the decision:
• to notify their case to another authority when the Council considers the conditions for referral are met;
• 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.

Suitability of accommodation

15. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
16. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
17. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:
• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

What happened

Approach and inquiries

18. Miss X approached the Council in February 2023. She explained she was fleeing domestic abuse and was currently staying at her mother’s house and sofa surfing. Miss X had no local connection to the Council area. She explained she would be at risk living in the area that her family lives or where she works as these locations are known to the perpetrator.
19. The Council made inquiries and were satisfied that Miss X was homeless, eligible for assistance and had a priority need. In early March, the Council offered Miss X interim accommodation. Miss X refused the property as it was not suitable. The Council agreed it was unsuitable and said it would make an alternative offer of accommodation.

Section 198 referral

20. The Council suggested to Miss X that one of the risk areas she had identified covered a large geographic area and perhaps she could narrow down the locations she would feel unsafe. This would mean the Council could make a referral to the area (Council B) where Miss X works as she had a local connection there. Miss X said given her experience with the Council so far, and how long she had already been homeless, she would consider this referral.
21. In June, the Council made a Section 198 referral to Council B. The Council notified Miss X of this referral. Over the summer, both councils discussed Miss X’s circumstances and Council B attempted to contact Miss X.
22. By October, Miss X was still staying at her mother’s house and sofa surfing. Miss X complained to the Council about how it had handled her homeless application.

Complaint and Section 193 duty accepted

23. In November, the Council accepted Section 193 main housing duty. It did not notify Miss X of this decision.
24. Later that month, the Council offered temporary accommodation to Miss X. Miss X was unhappy with the property as it would take her 90 minutes to get to work using public transport and would be unaffordable. Miss X asked the Council to review its offer.
25. Over the following 3 months, the Council tried to arrange a telephone assessment for Miss X. From the evidence I have seen, both parties could not agree on a suitable date and time.
26. At the end of January 2024 when the Council spoke to Miss X, she refused an assessment stating that she had already provided all the information the Council was requesting.
27. In early February, the Council wrote to Miss X. It attached the Section 193 letter dated from November. This notified Miss X that the Council had accepted the main housing duty.
28. In March, the Council wrote to Miss X. It said it had reconsidered the temporary accommodation offer made in November. It said that the Council believed a 90 minute journey to work to be acceptable and therefore the property was suitable in the short term. The Council advised Miss X to accept the offer, or it would have no option but to discharge the main housing duty.
29. Miss X contacted the Council and explained the property was not financially viable given the cost of transportation to work. In April, the Council cancelled the temporary accommodation offer.
30. At the time of this decision, Miss X was still homeless, living between her mother’s house and friends’ sofas.

My findings

31. Miss X became homeless in February 2023. She told the Council that she could stay at her mother’s house for a few days. 17 months later, she is still living between her mother’s house and friends’ sofas. Miss X said her mother’s house is overcrowded so she cannot live there long term.
32. The Council accepted Miss X was homeless, eligible and in priority need in March 2023. At this point, the Council should have secured suitable interim accommodation for her under its Section 188 duty. Despite an initial offer of accommodation which the Council agreed was unsuitable, it failed to offer an alternative. This was fault.
33. When the Council referred Miss X to Council B where she had a local connection, the relief duty ended and so did the Section 188 interim accommodation duty. However, the Council had a different duty under Section 199A(2) to provide accommodation while Council B considered the referral. It did not. This was fault. This duty applied for the period of time (June to November 2023) that Miss X’s case was being considered by Council B.
34. Once the Council accepted the main housing duty in November 2023, it should have notified Miss X of its decision. It did not. This was fault which caused Miss X uncertainty and distress.
35. At this time, the Council should have secured temporary accommodation for Miss X. The Council offered a property, but Miss X said it was unsuitable on the grounds of being unaffordable to travel 90 minutes on public transport to work. The Council reviewed its offer in March 2024 but decided the property was suitable.
36. The Council confirmed it still owes Miss X main housing duty. It also said she was living in temporary accommodation awaiting a final offer. I have seen no evidence of this. Miss X said she is still living between her mother’s and friends’ houses. Therefore, the Council still has a duty to secure suitable accommodation for Miss X.
37. In summary, the Council’s failure to secure suitable accommodation for Miss X from March 2023 to the present (17 months) caused Miss avoidable distress. Miss X’s homelessness was due to her fleeing domestic abuse. She has had to remain in a property (her mother’s) known to the perpetrator as well as frequently moving between properties. This added to Miss X’s injustice.
38. The Council has agreed to make a payment of £200 per month to acknowledge the distress caused to Miss X from the Council’s failure to secure suitable accommodation for 17 months. This equates to £3400. The Council should continue to pay Miss X £200 for each month that she remains without suitable accommodation.
39. In addition, the Council failed to notify Miss X of its decision to accept main housing duty for four months. This caused Miss X further uncertainty. The Council agreed to pay Miss X £250 for this avoidable distress.
40. The Council has also agreed to secure suitable temporary accommodation as soon as possible.

Back to top

Agreed action

41. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for failing to secure suitable accommodation for her for over a year.
2. Pay Miss X £3400 to acknowledge the injustice caused to Miss X in an already stressful period of her life.
3. Pay Miss X £250 in acknowledgement of the delay in notifying her of its decision to accept the main housing duty.
42. For each month she remains without suitable accommodation, the Council has agreed to:
1. pay Miss X £200 in recognition of the ongoing injustice.
43. As soon as possible, the Council has agreed to:
1. Secure suitable temporary accommodation for Miss X.
44. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

45. I have completed my investigation. I have found fault with the Council for failing to secure suitable accommodation for Miss X when she presented as homeless as a result of domestic abuse.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman