A homeless father and his newborn child endured more than six months of sofa surfing after Birmingham City Council failed to provide adequate support, a housing ombudsman has found.
Background of the Case
The father, referred to as 'Mr B' in the ombudsman's report, had been granted refugee status with leave to remain in the UK and was receiving Universal Credit when he first approached the council for help in December 2024. He explained that he was at risk of homelessness while caring for his baby, as his partner was in prison and the tenancy was solely in her name. The landlord was seeking possession of the property.
Council Failures
Despite providing relevant documentation, the council treated Mr B as a 'single person' and failed to provide temporary accommodation for the family. Mr B repeatedly contacted the council as his situation worsened. By March and April 2025, he was homeless and sofa surfing with his baby, yet still not housed.
It was only after a housing charity threatened legal action that the council stepped in and provided interim accommodation. By that point, the pair had been sofa surfing for more than six months.
Ombudsman Findings
The ombudsman noted that in April 2025, Mr B approached the council again with a share code to confirm his immigration status. The council was unable to verify the code and provided incorrect instructions. After seeking advice from a housing charity, a pre-action protocol letter was sent, indicating intent to apply for judicial review. The council then accepted the relief duty and placed Mr B in a self-contained annex.
The ombudsman stated that councils have an immediate duty to provide accommodation if there is reason to believe someone may be homeless and in need. Birmingham City Council failed to meet this duty on multiple occasions, and had it acted correctly, Mr B and his child would have been housed months earlier. As a result, the father suffered avoidable distress and uncertainty.
Compensation and Apology
The council has apologised to the family and agreed to make a compensatory payment of £1,300. A council spokesperson said: 'We accept the ombudsman's findings in this case and deeply regret the distress this family has experienced. We have agreed to the Ombudsman’s recommendations. A formal apology to the family has been made, as well as a compensatory payment. We take our responsibilities to people facing homelessness very seriously and are committed to learning from this case to improve our services.'
The family was rehoused into self-contained suitable accommodation in January 2026 and currently has the highest possible banding on the council's housing register.
