Summary: The Council was at fault for contacting the alleged perpetrator of domestic abuse against Ms X as part of its inquiries into her homelessness. The Council has agreed to apologise, make a payment to recognise the distress caused and act to improve its services.

The complaint

1. Ms X complained that the Council contacted the person who perpetrated the domestic abuse she fled and disclosed her location. Ms X says this put her at risk of further abuse.

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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 suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
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 Ms X provided.
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. Ms 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

What happened

9. Ms X approached the Council for help because she was homeless. She told the Council she had fled from a relative, who I will call Z. She said Z financially abused her by forcing her to hand over money.
10. The Council asked Ms X to provide copies of her bank statements, which she did. The Council’s records show it did not consider the statements demonstrated financial abuse. An officer met with Ms X to get more details of her allegation. The Council asked Ms X where the money she said Z forced her to hand over had come from if, as Ms X said, she was not working at the time. The records show the Council told Ms X it would need to verify the source of the money. Its note says based on the evidence it had so far, it did not believe Ms X experienced domestic abuse because there was no evidence.
11. The Council then did a more formal assessment of financial abuse. During this, Ms X told the Council that Z would force her to hand over cash. Ms X said another relative knew about this and could verify her account. The Council spoke to this relative, who confirmed Ms X’s account. However, this relative said Ms X only disclosed this after she left her Z’s home.
12. Ms X replied to a letter from the Council which said Ms X had not disclosed any physical abuse. She disputed this and told the Council Z would hit her.
13. In a telephone call with the Council, “when asked”, Ms X provided Z’s telephone number.
14. The Council then called Z. The Council’s note of this call says:
• Z said Ms X left because the property was overcrowded. Z had recently got married and they were expecting a baby. Ms X was also pregnant. Z had a one-bedroom property and so the family were overcrowded.
• “when asked about concerns around financial abuse” Z said they did not “forcefully collect” money from Ms X but had asked Ms X to contribute to the household when Z was unemployed.
15. Ms X complained to the Council. She said:
• In a letter, the Council wrote that Z did not abuse her physically despite her telling the officer Z would hit her if she didn’t give them money
• The officer told her it wasn’t abuse because she was an adult and expected to contribute to the household
• The officer told Z where she was, putting her at risk
16. In response to her complaint, the Council said:
• Ms X gave it permission to contact Z and provided the telephone number
• It asked Z about financial issues because there was “insufficient evidence to substantiate [her] claims about financial abuse”
• It had no reason to ask Z about physical abuse because Ms X had not disclosed any
• There was no evidence the Council disclosed Ms X’s location to Z, and in any event she was not in interim accommodation at that point and so the Council had no address to disclose.

My findings

17. The Homelessness Code of Guidance sets clear expectations for councils dealing with allegations of domestic abuse. This recognises that councils may need to seek further evidence. It is explicit, however, that councils “should not approach the alleged perpetrator” (Homelessness Code of Guidance 21.24, emphasis original).
18. The Council approached Z. This was a significant departure from the Code and was fault. That Ms X provided Z’s telephone number is irrelevant. It is for the Council to know and follow the Code, not Ms X. If the Council considered it needed to contact Z despite the expectation in the Code, it should have fully recorded its reasons for this. It should have explained this to Ms X and sought her informed consent to make the call.
19. Even if the Council had good reasons to call Z, it should not have then raised the matter of the alleged abuse. This was fault.
20. In response to her complaint, the Council said that since Ms X had no address at the time, it could not have disclosed this to Z. This was to miss the point that in calling Z, the officer likely said which council they were calling from. This would have revealed to Z where Ms X had fled to. This was fault.
21. As a result of these faults, Ms X experienced significant and avoidable distress and uncertainty. This is an injustice to Ms X.

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Agreed action

22. To remedy the injustice to Ms X from the faults I have identified, the Council has agreed to:
• Apologise to Ms X in line with our guidance on Making an effective apology
• Pay Ms X £300 in recognition of her avoidable distress and uncertainty.
23. The Council should take this action within four weeks of my final decision.
24. The Council should also take the following action to improve its services:
• Provide training or guidance to relevant staff on the expectations of Chapter 21 of the Homelessness Code of Guidance relating to gathering evidence and making inquiries about domestic abuse.
• Remind relevant staff that the Homelessness Code of Guidance explicitly directs that the council should not approach alleged perpetrators of domestic abuse.
• Remind relevant staff that if they are departing from the Code of Guidance, they should record detailed reasons for doing so in a particular case.
25. 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

26. I have completed my investigation. There was fault by the Council. 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