Summary: Miss X complained her temporary accommodation, provided by the Council is overcrowded. She also complained the property is damp and mouldy following a leak. Miss X says this has affected her children’s health and wellbeing. The Council was not at fault.

The complaint

1. Miss X complained her temporary accommodation, provided by the Council is overcrowded. She also complained the property is damp and mouldy following a leak. Miss X says this has affected her children’s health and wellbeing.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read Miss X’s complaint and spoke to her about it on the phone.
5. I considered information provided by Miss X and the Council.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
8. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
9. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
10. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))

What happened

11. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
12. The Council supported Miss X to move from temporary accommodation into a privately rented home in a different borough in 2017. Miss X remained on the Council’s housing register to bid on properties if she wished.
13. Miss X’s landlord contacted the Council in July 2022. They said they had not put the rent up since Miss X moved in and she was out of contract. The landlord asked what the Council could offer to keep the tenancy.
14. The Council responded to the landlord and explained it closed Miss X’s case when she moved to the property in 2017. The Council agreed to make a discretionary payment to the landlord, to sign a new tenancy agreement and prevent Miss X from being made homeless. The landlord agreed to the Council’s offer.
15. Miss X complained to the Council in October 2022. She said the living situation was unbearable. She complained she lived in a one-bedroom flat with two small children.
16. The landlord contacted the Council again in January 2023. He informed the Council the property had a leak in October 2022. They explained they felt the property was unliveable and Miss X would need to move to another property so they could complete the work.
17. The Council responded to Miss X’s complaint in January 2023. It did not uphold Miss X’s complaint. The Council confirmed it supported Miss X to move into private rented accommodation in 2017 as a resolution to her previous homelessness application. The Council informed Miss X she would need to update her housing application to reflect her circumstances.
18. Miss X requested the Council reconsider her complaint and she had already updated her details with the Council.
19. The Council responded to Miss X’s stage two complaint in February 2023. The Council confirmed Miss X’s application had been assessed correctly. It acknowledged Miss X wanted permanent social housing but there was a lack of properties. The Council acknowledged the email from Miss X’s landlord and recommended she contact the Council where she lived, Council B, to get further advice.
20. Miss X contacted the Council at the end of February 2023. She said she had contacted Council B, who said as the Council placed her in the borough, go back to it regarding her concerns.
21. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to move her from her current property.
22. In response to my enquiries the Council stated it exercised discretion to make a payment to prevent Miss X presenting as homeless in 2022, but did not accept a homelessness duty. The Council advised Miss X lives in privately rented accommodation it supported her to secure in 2017 and there is no ongoing support it should provide.

My findings

23. Miss X resides in private rented accommodation. When the Council helped her to move from temporary accommodation into the private rented property in 2017, it ended its homelessness duty. It has not accepted her as homeless since 2017.
24. Although Miss X said her accommodation is unliveable, she is in private rented accommodation, and it is not the Council’s responsibility to assess the suitability of the property. The property is not in the Council’s area to investigate this matter further. The Council is not at fault.
25. Miss X said her home is overcrowded. She is in private rented accommodation, and the Council is not involved with any matters relating to overcrowding. Miss X is on the Council’s housing register under band B and is able to bid for two-bedroom properties. The Council has assessed Miss X’s case and made this decision which it is entitled to do. The Council is not at fault.
26. The Council reported it was happy to discuss the situation with Miss X if she wanted it to provide homelessness support now.

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Final decision

27. I have completed my investigation. I have not found fault by the Council.

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Investigator's decision on behalf of the Ombudsman