Summary: We have found fault with the Council for its actions during Miss X’s homelessness application process. This caused Miss X the injustice of living in unsuitable accommodation for over a year. The Council has agreed to remedy Miss X’s injustice.

The complaint

1. Miss X complained about how the Council handled her homelessness and housing register applications. She said the process was delayed, the Council wrongly informed her that it could not proceed until she had settled status (she had pre-settled status) and she said the Council placed her in unsuitable accommodation.

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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. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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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What I have and have not investigated

Review rights

5. I have exercised discretion to investigate the period of time after the Council advised Miss X that it had accepted the main duty (in the emailed letter in January 2024). Miss X had review rights at this stage. However, Miss X had just given birth and therefore I consider it to have been unreasonable to expect her to ask for a review.
6. The Council notified Miss X again that it had accepted the main duty in April 2024 (when it backdated it to October 2023). Miss X still had her review rights. I have not investigated this period of time (April-July 2024). This is because it would have been reasonable for Miss X to ask for a review, and she did.

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How I considered this complaint

7. I have considered Miss X’s complaint and have spoken to her about it.
8. I have also considered the Council’s response to Miss X and to my enquiries.
9. 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

Legislation and guidance

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)

The main housing duty

11. 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 (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Review rights

12. Homeless applicants may request a review within 21 days of being notified of the following decisions:
• 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.

Interim and temporary accommodation

13. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
14. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
15. If, having made inquiries, the council is not satisfied an applicant is homeless, eligible, and in priority need, it will have no further accommodation duty.
16. If a council is satisfied an applicant is unintentionally 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. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
17. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
18. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
19. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

Suitability of accommodation

20. 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)
21. Wherever possible, Councils should avoid using bed and breakfast accommodation. (Homelessness Code of Guidance paragraph 17.33)
22. Bed and breakfast (B&B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

Housing register eligibility and domestic abuse

23. All applicants will be eligible for social housing in England unless they are persons prescribed within the Housing Act 1996 S.160ZA(1) or by regulations made by the Secretary of State. This generally applies to persons from abroad without settled immigration status in the UK, apart from a limited number of exceptions.
24. Pre-settled status does not automatically entitle people to public funds, including homelessness assistance. Homeless applicants with pre-settled status are eligible if they meet additional conditions.
25. The Council’s allocation scheme states that where the Council is satisfied that the applicant is at risk of homelessness as a result of domestic violence/abuse, qualification requirements within the scheme relating to eligibility etc will not apply.

What happened

Homelessness application

26. In early August 2023, Miss X completed an online homelessness form. Miss X was pregnant and fleeing domestic abuse. She wrote on her application that she had nowhere safe to stay that night.
27. The Council’s case notes showed it did an initial assessment and requested supporting documents from Miss X including details of her settled status. It showed that Miss X only had pre-settled status.
28. Miss X complained about the delay in processing her application. The Council responded and told Miss X that she had an interview appointment at the end of the month.
29. The Council interviewed Miss X, accepted the relief duty and completed a Personalised Housing Plan (PHP) assessment.
30. During the interview, Miss X identified areas where she would be at risk due to the perpetrator of the domestic abuse living/working nearby.

Interim accommodation

31. In September the Council offered Miss X interim accommodation. Miss X accepted this although she raised concerns that it was a distance from her support network and was mixed, shared accommodation.
32. A month later, Miss X raised her concerns again about the mixed accommodation. She also said that she was experiencing problems with her pregnancy and needed to be closer to family.
33. The Council offered Miss X alternative interim accommodation. Miss X accepted this as it was closer to her support network. It was still mixed accommodation with shared facilities.
34. At the end of November, Miss X received settled status and informed the Council of this.

Main duty

35. In December, the Council accepted the main duty. It notified Miss X 3 weeks later, in January 2024 (in a December-dated emailed letter). This informed Miss X that the relief duty had ended and, it was accepting the main duty. It also informed Miss X of her right to appeal the suitability of the now temporary accommodation she was living in.
36. Miss X gave birth in early January 2024.

Complaint

37. A month after being told the Council had accepted the main duty, Miss X complained to the Council about the suitability of the accommodation for her and a baby.
38. In its response, the Council confirmed that the property Miss X was living in was not B&B. It said it was classed as ‘a hostel owned and managed by the Council’ and therefore the 6 week deadline did not apply. It did agree to move her to a different, larger room in the same property.

Backdated main duty

39. The next day, the Council wrote to Miss X with a new decision accepting the main duty to says that it was backdating the date it accepted main duty back to October. This date was 56 days after the Council accepted relief duty.
40. Miss X continued to raise concerns about the property.

Suitability review

41. The Council carried out a review and concluded the property was unsuitable for Miss X. It said that while it considered the property to be suitable (mixed, shared facilities) for families, it recognised that Miss X’s experience of domestic abuse meant the property was unsuitable. In August 2024, the Council informed Miss X of the review outcome and assured her it was seeking alternative temporary accommodation.

Update

42. Following my draft decision, the Council offered Miss X self-contained accommodation. Miss X and her baby moved in February 2025.

My findings

Failure to provide interim accommodation

43. When Miss X approached the Council in August 2023, the Council should have secured interim accommodation. The Council had reason to believe she may be homeless, eligible for assistance and have a priority need as it went on to make enquiries. Miss X said she was fleeing domestic abuse and had nowhere safe to stay that night.
44. Miss X complained the Council delayed providing accommodation because of her pre-settled status. The evidence does not show that questions about Miss X’s eligibility caused the delay.
45. The Council placed Miss X in interim accommodation in September 2023.
46. Miss X was denied suitable accommodation for one month due to the Council’s delay in offering interim accommodation. The Council has agreed to apologise and pay Miss X £250 in recognition of this.

Delay in accepting the main duty

47. The Council accepted the relief duty in August 2023. By the Council’s own admission, it should have accepted the main housing duty within 56 days, in October. It didn’t accept the main duty until December, notifying Miss X in January.
48. This delayed Miss X’s right of review and left her in unsuitable accommodation.
49. My decision recognises this period of unsuitable accommodation as part of the total period of unsuitable accommodation. The Council backdated Miss X’s priority date.

Poor communication

50. Miss X needed to chase the Council for progress on her homelessness and housing register applications. This added to her distress and frustration. The Council has agreed to pay Miss X a symbolic payment of £250 in recognition of the injustice caused.

Failure to provide suitable accommodation

51. Miss X told the Council from the start that due to her fleeing domestic abuse, she felt uncomfortable and unsafe sharing facilities in a mixed hostel. Although the Council moved Miss X between hostels, the circumstances remained the same. In August 2024, the Council confirmed the accommodation was unsuitable when it carried out a review.
52. Miss X informed the Council on various occasions about the problems she had sharing facilities with men. I have seen no evidence that the Council reviewed the information and made a new decision on the suitability of the property in relation to it being mixed and shared facilities. It just said that other pregnant women/families lived in mixed shared accommodation. It did not consider Miss X’s individual circumstances and the impact that her domestic abuse experience had on her ability to live in a property with men. This was only considered as part of the review in August 2024. This was fault.
53. On balance, I consider the accommodation was unsuitable in September 2023 when Miss X was first placed in mixed, shared accommodation. However, this was a merits decision and Miss X only raised her concerns in October 2023. All accommodation that followed was shared and mixed. I have found fault with the Council leaving Miss X in unsuitable accommodation. In recommending a remedy, I have not considered the period between April and August 2024 for the reason set out in paragraph 6.
54. Miss X had been living in unsuitable accommodation for 6 months at the time of the review. Then a further 6 months since the review.
55. In line with our Guidance on Remedies, I have recommended the Council pay Miss X £250 for each month she has been living in unsuitable accommodation. AT the time of this decision, it has been 12 months, so £3,000.

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Agreed action

56. Following my draft decision, the Council secured suitable self-contained accommodation for Miss X and her baby.
57. Within 4 weeks of my decision, the Council agreed to:
1. Apologise to Miss X for failing to provide interim accommodation when she first approached as homeless, the delay in accepting the main duty, generally poor communication and for failing to provide suitable accommodation for a year.
2. Pay Miss X £3,250 in recognition of the time she spent in unsuitable accommodation.
3. Pay Miss X £250 in recognition of the distress caused by the failures and poor communication.
4. Demonstrate how it will ensure that officers always carry out a suitability assessment to identify the household’s needs before making a placement in interim or temporary accommodation.
5. Show how it will monitor homelessness applications and set reminders of statutory deadlines e.g. 56 days.
58. The Council should provide us with evidence it has complied with the above actions.

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Final decision

I have completed my investigation. I have found fault with the Council for its actions during Miss X’s homelessness application process.

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Investigator's decision on behalf of the Ombudsman