The Local Government and Social Care Ombudsman has taken the unusual step of publishing a second report criticising South Kesteven District Council after it refused to comply with key recommendations from an earlier investigation.
The case concerns a man who sought homelessness support from the council in early 2024. The Ombudsman found that the authority failed to apply the correct legal test when deciding whether to provide him with emergency accommodation while his application was being processed. The man had been hospitalised, and medical staff believed his housing situation was harming his health. Despite this, the council did not demonstrate that it had properly considered its legal duty to offer interim housing.
Under the law, the threshold for providing interim accommodation is deliberately low. Councils only need reason to believe that someone may be homeless, eligible for assistance, and vulnerable. The Ombudsman found that South Kesteven consistently applied a much stricter test and failed to revisit its decision even after receiving new information about the man’s health.
In its original report, published in August 2025, the Ombudsman made several recommendations. The council has since complied with only two of them. It has refused to apologise to the man, pay a combined financial remedy of £1,175 for the distress caused, or remind its homelessness staff of the correct legal test for interim accommodation.
The Ombudsman’s decision to issue a follow-up report is rare and highlights serious concerns about the council’s continued failure to put things right. The case raises questions about how consistently the authority applies homelessness law and whether its processes are designed to protect the most vulnerable residents. The council has been urged to reconsider its position and fully comply with the Ombudsman’s recommendations.
Amerdeep Clarke, Local Government and Social Care Ombudsman said: ‘The duty to provide interim accommodation exists precisely to protect people in situations like the one this man found himself in. The threshold is deliberately low, and councils must apply it correctly.
‘The council has told us the correct test was applied but was not recorded properly due to an error in writing rather than consideration. The public have a right to expect public bodies to keep accurate records about them. Accurate record keeping is central to good administrative practice and transparent decision making.
‘In this case, not only did South Kesteven District Council leave a vulnerable man sleeping rough when it should have housed him, it has now refused to properly remedy that injustice.
‘We do not issue further reports lightly and I would urge the council to reconsider its position and comply with our recommendations.’
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