Summary: Miss X complains about the Council’s actions after following her homelessness. We have concluded our investigation having made a finding of fault. The Council placed Miss X in emergency accommodation that was not suitable for occupation at the time. I did not find fault with the Council’s initial response to Miss X’s homelessness, nor the Council’s actions in response to the protection of Miss X’s possessions. While we found fault, we did not consider there was scope for further personal remedy or service improvement recommendations; the Council had already offered a fair and proportionate remedy for the injustice caused and no further action is necessary.

The complaint

1. Miss X complains about the Council’s actions following her homelessness. She alleges that the Council:
2. were not sufficiently prepared to assist her despite being previously informed.
3. placed her in unsuitable emergency accommodation on two separate occasions.
4. merged her file with another person.
5. were responsible for the loss of furniture and other personal belongings.
1. Miss X would like the Council to acknowledge fault and apologise, award an increased remedy for the inconvenience, source a suitable home for her and her daughter, and to replace furniture and belongings she has lost.

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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 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)
4. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
5. 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

6. I have not investigated any complaint pertaining to the merging of Miss X’s file with another person. The Council said this was being investigated under a separate complaint and therefore does not form part of this investigation.
7. The scope of my investigation is limited to that of when the Council issued its Stage 2 complaint response. I have therefore not investigated any events or actions by the Council after this, including the suitability of any temporary accommodation, or housing offer made to Miss X after this period.

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How I considered this complaint

8. I considered information provided by Miss X and the Council. Miss X and the Council were offered an opportunity to comment on my draft decision and I considered any comments submitted before making a final decision.

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What I found

Homelessness

9. Someone is threatened with homelessness if, when asking for assistance from the council:
• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)
10. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help them keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

The prevention duty

11. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)

The relief duty

12. 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

13. 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 and Homelessness Code of Guidance 15.39)

Interim and temporary accommodation

14. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
15. 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)
16. 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.
17. 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)
18. 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.
19. 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)
20. 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. There is no statutory right to review the suitability of interim accommodation.
21. 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)
22. Councils should avoid using bed and breakfast accommodation. It should only be used as a last resort in an emergency and then for the shortest time possible. (Homelessness Code of Guidance paragraph 17.24 and from 3 April 2018 17.30)
23. 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 from 3 April 2018 Homelessness Code of Guidance paragraph 17.32)

Protection of belongings

24. Where a council owes or has owed certain housing duties to an applicant, it must take steps to protect the applicant’s personal property if there is a risk it may be lost or damaged because the applicant is unable to protect it or deal with it and no other suitable arrangements have been made. A council may make a reasonable charge for storage. (Housing Act 1996, section 211, Homelessness Code of Guidance chapter 20)

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What happened

25. I have included a summary of some of the key events in this complaint. This is not intended to be a comprehensive account of everything that took place.

Background

26. Prior to events in this complaint, Miss X was residing in Property A. Miss X had signed a two-year tenancy which was due to end in July 2023. Following the landlord’s decision to increase rent, the property became unaffordable to Miss X. Later in July 2023, Miss X emailed a copy of the section 21 notice to the Council.

Events thereafter

27. In May 2024, on the day Miss X was evicted, she approached the Council. Later that day, Miss X was advised to call the Council’s Out of Hours team to assist.
28. Later that evening, Miss X and her daughter were placed in a hotel, Property B. Miss X was advised to return to the Council the following day.
29. The following day, the Council placed Miss X in a different hotel, Property C. Miss X says there was a leak at the accommodation, a bug infestation and mould on the walls. Miss X called the Council who confirmed they would find alternative accommodation.
30. Shortly after, Miss X was placed in a different hotel, Property D. Miss X says the bed was used, the shower was broken, and the toilet was mouldy. Miss X informed the Council and sent pictures. Miss X left the property but was later advised by the Council that it required further evidence to substantiate the issues. Miss X returned to the property to provide pictures to the Council, and alternative accommodation was arranged at a different hotel, Property E.
31. The following day, Miss X complained to the Council. On the same day, the Council informed Miss X it accepted it had a Relief Duty under Section 189B, and that it must take reasonable steps to help relieve her homelessness.
32. Toward the end of May 2024, Miss X contacted the Council requesting it take immediately action to arrange and cover the cost to store her possessions. The Council provided a storage grant form and advised it would offer a one off storage payment of £200. Miss X advised that the £200 was not sufficient. The storage payment was sent to Miss X’s account some days into June 2024.
33. In July 2024, the Relief Duty ended. On the same day, the Council informed Miss X that it accepted it had a main Housing Duty. At this time, Miss X was in a hotel in temporary accommodation at Property F.
34. In August 2024, the Council made Miss X an offer of accommodation for a 2-bedroom flat.

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Analysis

Initial handling

35. Miss X asserts that the Council was unprepared to assist her on the day of her eviction despite being previously informed of her situation. However, based on the information provided, I do not find fault with the Council’s actions in this regard.
36. The Council is obligated to provide assistance once it is aware that an applicant is homeless and eligible under homelessness legislation. Miss X states that she visited the Council prior to her eviction; however, it is not clear that she provided the Council with critical documentation, such as a copy of the bailiff warrant or definitive notice of the eviction date. Without this information, the Council could not reasonably have been expected to proactively prepare accommodation for her. The duty to assist was triggered when Miss X presented as homeless on the day of her eviction.
37. While I understand Miss X’s distress and frustration at being asked to return later in the day and call the out-of-hours service, the Council did take appropriate steps to fulfil its duty. It assessed her situation and arranged accommodation at Property B the same evening. Given the time constraints and the lack of advance notification, I have not found a basis to criticise the Council’s actions here.

Quality of accommodation offered

38. Miss X complains that the Council placed her in unsuitable emergency accommodation on two separate occasions following her eviction.
39. Miss X reports that the first accommodation, Property C, was unsuitable due to leaks, bugs, and mould. Upon entering, her daughter began coughing, which Miss X attributes to her daughter’s mild asthma. Miss X contacted the Council, which instructed her to leave the premises and promised to find an alternative. However, the next accommodation, Property D, proved equally unsuitable. Miss X described issues such as a used bed, unsanitary conditions, broken facilities, and a non-functional toilet. These circumstances understandably left her distressed, prompting further calls to the Council to resolve the issue.
40. The Council requested additional photographs of Property D to support its review of the issues. At this time, Miss X had already left the property and was walking with her daughter but returned to the hotel to provide the requested evidence. Following this, the Council arranged for her to be moved to Property E later that evening. However, Miss X was forced to walk for 50 minutes with her daughter to reach the accommodation, arriving close to midnight.
41. In its Stage 1 response, the Council acknowledged that both Property C and Property D were unsuitable and apologised for the inconvenience caused. The Council explained that it had been advised by the Housing Supply Team that both properties were ready for occupancy at the time they were allocated. This information was a key factor in the Council’s decision to place Miss X in these accommodations. The Council further stated that if it had been informed that the properties were not ready, it would not have sent her there. To address this issue, the Council stated that its temporary accommodation contract management team would raise these concerns with the property providers to ensure accommodations meet the required standards before allowing new tenants to occupy them.
42. The Council has recognised the stress and difficulty Miss X faced, particularly as she had to navigate these challenges with a young child. In its Stage 2 response, the Council offered £100 as compensation, acknowledging both the unsuitable accommodations and the inconvenience of having to walk to Property E.
43. While the Council’s eventual efforts to address Miss X’s concerns are noted, it is clear that the placements at Property C and Property D were inadequate and caused unnecessary hardship. Although the Council relied on information from the property providers that these accommodations were suitable, it remains responsible for ensuring the suitability of emergency placements and here I have made a finding of fault. As described in paragraph 4, service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. In this instance, I have made a finding of fault.
44. However, the events in question occurred over a 24-hour period and were not sustained over an extended timeframe. While Miss X and her daughter experienced distress and inconvenience during this period, the short duration of the issue limits the extent of the injustice cause. In light of this, I consider the Council’s offer of £100 a reasonable and proportionate remedy for the injustice and I do not consider there is any further action for the Council to take.

Protection of possessions

45. Miss X complains that the Council contributed to the loss of her furniture and other personal belongings after she became homeless.
46. Under sections 211 and 212 of the Housing Act 1996, Councils have a duty to take reasonable steps to protect a person's property from loss or damage if there is a risk that the property may be lost or damaged and no other suitable arrangements have been made. This duty is triggered when the authority owes certain housing duties to the applicant, such as the interim duty to accommodate or the main housing duty.
47. The Council took reasonable steps to mitigate the risk of loss or damage by offering a discretionary storage payment of £200, which was processed and paid within the appropriate timeframe. While the amount offered may not have been sufficient to fully cover Miss X’s storage needs, the guidance allows for reasonable charges for storage, and the Council’s offer falls within the scope of this discretion.
48. Although Miss X contends that the £200 offered was insufficient to cover the cost of storage, the Council acted within its legal discretion by offering this amount in line with statutory guidelines. The offer falls within reasonable bounds for such situations, and there is no fault in this regard.
49. Given that the Council took prompt action to mitigate the risk of loss or damage to Miss X’s belongings, I do not find fault with the Council’s handling of this matter.

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No further action

50. Although I have made a finding of fault, I have not made further personal remedies or service improvement recommendations as I did not find these were warranted in this case
51. As set out in paragraph 44, I consider the Council’s offer to be proportionate in the circumstances. Further, as set out in paragraph 41, the Council have already taken steps to ensure accommodations put forward by property providers meet the required standards before allowing occupation.

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Final decision

52. I have concluded my investigation having made a finding of fault. The Council placed Miss X in emergency accommodation which was not suitable for occupation at the time. I have not found fault for the Council’s actions in relation to how it initially responded to Miss X’s homelessness, nor the Council’s actions in response to the protection of Miss X’s possessions. While I found fault, I did not consider there was scope for further personal remedy or service improvement recommendations; the Council has already offered a fair and proportionate remedy for the injustice caused and no further action is necessary.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman