Council's "fundamental" misapplication of the law should be a wake-up call to local authorities: Ombudsman

The Ombudsman said: “This case should serve as a wake-up call for every council in the country. Getting this wrong does not just cause distress. It puts lives at risk."

A mother fled domestic abuse in 2023 and moved with her child to a refuge. When told she must leave, she approached South Gloucestershire Council as homelessness.

Help was refused on the grounds that she had no local connection, despite a formal risk assessment showing she faced severe and escalating danger.

The council thought she could live in a different area near her family, even though it was told she had applied for a non-molestation order against her former partner who had travelled there to try to find her.

South Gloucestershire then referred the mother back to this area, telling her she would be safe if housed "three miles" from unsafe addresses. The Ombudsman said this was done “without any basis in law or guidance for this approach”.

When the mother's support worker repeatedly challenged the council's decisions, citing both the law and the government's Homelessness Code of Guidance, the council dismissed these challenges and insisted the guidance did not apply.

It then closed the mother's case, leaving her with no accommodation and no clear way of getting help.

Ombudsman Amerdeep Clarke said: "This vulnerable family sought help from South Gloucestershire Council and the risks she faced were clearly documented. Yet the council turned her away, sent her back towards danger, and then simply closed her file.

“What concerns me most is that these decisions were not made in error by a single officer acting alone. They were made and maintained with managerial awareness, in the face of accurate challenge.

“That suggests this is not about one bad decision, it may reflect a wider misapplication of the law that could be affecting other domestic abuse survivors right now, in South Gloucestershire and potentially elsewhere.

“No victim of domestic abuse should face the prospect of being referred back to the area they fled. The law is clear on this and councils must understand and follow it.”

The Ombudsman said South Gloucestershire had accepted recommendations made, which included a commitment to train housing staff, an apology and a payment of £1,000 to the mother.

Mark Smulian