Local authority duty to protect a homeless applicant's property

A local authority has a duty to protect a belongings in some circumstances if they have reason to believe that an applicant's property (or that of a member of their household):[1]

• is in danger of loss or damage because the applicant is unable to protect it, and

• no other suitable arrangements have been made

The local authority has a duty to protect a person's property if they owe them the:[2]

• prevention or relief duties

• interim accommodation duty

• main housing duty

• duty to intentionally homeless applicants in priority need

• duty to applicants whose case is considered for referral or referred

Danger refers to a likelihood rather than a possibility of loss or damage.[3]

The legislation concerns 'personal property' but does not provide a definition. Case law suggests that property an applicant uses to carry out a commercial business might not come within the definition,[4] but otherwise a local authority should interpret the term widely.[5]

Pets

Where an authority is under a duty to accommodate, it must be sensitive to the importance of any pet in considering assessing suitability: type, standard and affordability.[6] If it is not possible to accommodate the applicant with any pets, then it could be argued that pets form a part of the applicant's property and should therefore be protected under this duty.

The Dogs Trust Hope Project has an online directory of dog-friendly homelessness services that will find accommodation which accepts people with dogs.

As an alternative, some homeless applicants may prefer to approach the Dogs Trust Freedom Project to find temporary foster care for their pet (not only dogs).

There are two ways in which the authority can perform its duty to protect property:[7]

• by moving it to a particular location requested by the applicant

• by 'dealing with personal property...in any way which is reasonably necessary, in particular by storing it for arranging for its storage'.

Before an authority move the property to a location of an applicant's choice, they must warn the applicant that they will have no further duties to protect it.[8]

The authority can impose conditions on the action it takes, for example, making a reasonable charge or disposing of property in particular circumstances.[9]

Where the authority performs its duty by moving the applicant's belongings to a location chosen by the applicant, the duty will end once they have been moved.[10]

If the authority are storing the applicant's belongings, then the duty will not end until there is no longer any reason to believe that the applicant can deal with their property so that there is no longer any danger of loss or damage.[11] This will be the case even if the authority are no longer under a duty to accommodate the applicant (for example, the applicant is intentionally homeless and has been accommodated for a reasonable period).[12] Even when the duty to protect property comes to an end, the authority will still have a power to do so.[13]

When the duty has ended, or the authority have ceased to act on the power to store belongings the authority should either deliver notification to them or send notification to their last known address.[14]

As outlined above, homelessness legislation imposes a duty of protection of property in some cases. Once property is under control of a local authority, whether this is the reason or not, the can be found liable for damages on grounds of negligence if loss or damage occurs. In one case, a couple evicted from where they were squatting were awarded damages when the property being stored for them by the authority was found to be missing.[15]

There have been successful complaints to the Local Government and Social Care Ombudsman on property related issues, where maladministration has been found. 

For example:

• compensation was awarded where the authority failed to fulfil its duty to protect moveable property[16]

• £750 was awarded where property was damaged when stored by the local authority in a garage that was flooded. However, the authority was held not to be at fault for damage caused to property because of condensation in the temporary accommodation provided for the applicant[17]

• £1860 was awarded where the local authority disposed of an applicant's belongings when the applicant moved from temporary accommodation to a permanent property. The authority advised it had a policy of not providing assistance for removals in this situation due to budgetary constraints. The Ombudsman found that this was not a proper reason and the authority should have considered other options such as a discretionary housing payment[18]

• £6000 was awarded where the local authority put an applicant's belongings into storage and ended main housing duty when the applicant did not pay the bed and breakfast charge. The authority believed that the applicant had found work and could take care of his own belongings. It informed the applicant that it had no further duty and disposed of them. It was found to have failed to satisfy itself that the applicant could take care of its belongings and to have failed to give reasons for ending the duty.[19]

The current Homelessness Code of Guidance was introduced on 3 April 2018 and the references on this page are to this Code. For applications made before this date, the recommendations of the 2006 Code of Guidance should apply.