The Ombudsman's final decision
Summary: Ms X complained the Council did not secure suitable accommodation when she fled domestic abuse in 2023 and subsequently disposed of her personal property. She said it caused significant mental anguish and distress and a large financial loss. We have decided to end the investigation because the matters occurred more than 12 months before Ms X complained to us and we cannot achieve the primary outcome she wants.
The complaint
Ms X complains about the Council’s actions when she had to leave her home due to domestic violence in 2023. In particular she complains the Council: Failed to provide suitable alternative accommodation for her and her children.
Instructed her landlord to dispose of all of her possessions after she had to flee her home.
Ms X says the Council’s failings left her and her children homeless and sofa surfing with friends until March 2024, resulted in the loss of personal belongings worth £45,000 and of sentimental value, and caused significant mental anguish and harm to her and her children.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: we could not add to any previous investigation by the organisation; or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Relevant law and guidance Section 177 of the Housing Act, 1996, says it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or domestic abuse against them, or against a person who would normally or reasonably be expected to live with them. (Homelessness Code of Guidance, Chapter 21) If a council has reason to believe an applicant may be homeless as a result of domestic abuse, it should make interim accommodation available to the applicant immediately whilst it undertakes its investigations. (Homelessness Code of Guidance paragraph 21.25) 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 This is a summary of key events. It is not a detailed chronology of everything that happened.
In 2023 Ms X told the Council she was homeless. The Council secured temporary accommodation for her and her children.
Ms X had to flee the temporary accommodation later in 2023 due to domestic abuse. She had to leave all their belongings. She said they stayed in a hotel, then started staying with friends.
Shortly after she fled, the Council advised Ms X to collect her belongings. Ms X said she was unable to do so. The Council also offered different temporary accommodation. Ms X said none were suitable so she did not accept any.
Towards the end of 2023 Ms X tried to collect her belongings from the property she had fled. She discovered her belongings had gone. The landlord had disposed of everything. The Council had instructed the landlord to do so to make the accommodation available for other homeless people.
Ms X complained to the Council case officer dealing with her case. She gave them a list of the possessions she said she had lost. The value of the items added up to about £45,000. She said she wanted compensation for the loss of her possessions and a house in London.
Ms X said she identified suitable accommodation without the Council’s help. The Council provided support to secure the accommodation. Ms X and her children moved in in March 2024.
Ms X made a formal stage one complaint to the Council in the middle of November. The Council responded in December and did not uphold her complaint. Ms X escalated her complaint to stage two a couple of days later.
The Council investigated and spoke to Ms X about her stage two complaint. They discussed evidence regarding the contents of the property before it was cleared and the amount of money Ms X’s possessions cost.
At the beginning of March the Council provided its final complaint response. It said it would not reimburse the £45,000 Ms X claimed because there was no evidence to corroborate that amount. It agreed it had not notified her to collect her belongings in 2023, it had just advised her to do so. It upheld this part of Ms X’s complaint, and offered £5,000 for the loss of belongings and the stress she had gone through.
Ms X first made a written complaint to the Ombudsman nearly two months later.
Analysis Ms X first became aware of part a) of her complaint about 18 months before she complained to us. She first became aware of part b) of her complaint about 16 months before she formally complained to us. Therefore her complaint is late, as laid out in paragraph 3. I have considered whether there are good reasons for it being late.
I acknowledge Ms X said she tried to chase up her initial request for compensation in early 2024 by email. However, Ms X has not been able to locate any emails.
I also acknowledge Ms X said she phoned us around November 2024, and that we advised her to complain to the Council first. However, a further 5 months passed before she complained to us in writing 2025.
Based on the evidence I have seen I have decided there is not a good reason Ms X did not complain to us sooner. Therefore I have ended my investigation into her complaint because both parts of her complaint are late.
I have also considered whether we can achieve the outcome Ms X wants as laid out in paragraph 4. The primary outcome Ms X said she wanted was compensation of £45,000 for the belongings she lost.
This is a much larger amount of compensation than the £5,000 already offered by the Council.
However, I note the Council investigated and did not find evidence to corroborate the amount Ms X claimed. I have decided I could not add anything to that investigation.
Furthermore, our Guidance on Remedies says where we recommend a payment to remedy injustice, it is often a modest amount whose value is intended to be largely symbolic. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal.
For these reasons I have also decided to end my investigation because I cannot add to the Council’s investigation into part b) of Ms X’s complaint, and I cannot achieve the primary outcome she wants.
I do not make further recommendations to the Council because I have ended my investigation. However, I invite it to provide Ms X with the remedy it offered in its final complaint response within a reasonable timeframe.
Decision I have ended my investigation into Ms X’s complaint because it is late and I have decided I cannot add to the Council’s investigation or achieve the primary outcome she wants.
Investigator's decision on behalf of the Ombudsman