Summary: Mr X complains the Council has housed him in unsuitable temporary accommodation and is in the wrong banding for his medical priority need. We find fault with the Council for failing to find suitable alternative temporary accommodation for Mr X. We agreed a financial remedy for the frustration and distress caused to Mr X.

The complaint

1. Mr X complains the Council has housed him in unsuitable temporary accommodation since 2019 and is in the wrong banding for his medical priority need.
2. He says the accommodation is always in disrepair, affecting his family’s health. This caused Mr X frustration and distress.
3. Mr X would like the Council to find suitable accommodation for him and change his banding.

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The Ombudsman’s role and powers

4. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
7. If we are satisfied with an organisation’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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What I have and have not investigated

8. The Ombudsman generally expects complaints to be brought to us within 12 months of someone becoming aware of the issue (see paragraph five). I have therefore started my investigation and remedy from November 2022, which is 12 months before the date of Mr X’s stage one complaint to the Council.

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How I considered this complaint

9. I spoke with Mr X and the Council and considered the information it provided.
10. I considered relevant law and guidance, as set out below and our guidance on remedies, published on our website.
11. Mr 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

Law and guidance

Homelessness

12. 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.

Interim and Temporary Accommodation

13. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
14. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
15. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
16. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
17. In reaching a decision on suitability the Council has to consider the space and arrangement of the accommodation and the specific needs of the applicant and any household members due to a medical condition or disability.
18. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601)

The Council’s allocations policy

19. 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)).
20. Under the Council’s policy in force in 2019, applicants to the housing register were placed in one of the following four priority bands:

• Band A: Emergencies and strategic high priority groups;
• Band B: High Priority – households with an urgent housing need because of severe overcrowding (lacking two or more bedrooms); urgent need to move on medical grounds; and those at risk of homelessness and working with the Council to prevent homelessness;
• Band C: Medium Priority – including homeless households in temporary accommodation provided by the Council; and those with a less urgent need to move on medical grounds; and
• Band D: Low Priority – all those not in other groups.

21. The allocations policy was revised in April 2024. Under the current policy homeless households in temporary accommodation are now placed in Band B (instead of Band C).

Council’s complaints procedure

22. The Council has a two stage complaints procedure:
• Stage one – a response from an appropriate officer within 20 working days.
• Stage two – a response from a manager within 25 working days.

What happened

23. Mr X lives with his partner and their four children. In 2015 he presented as homeless to the Council.
24. The Council accepted the main housing duty and put Mr X and his family in his current temporary accommodation in July 2018.
25. The Council placed Mr X in medical category three on 17 December 2015, and urgent medical need to move on 30 November 2015. This is band B. Both awards were reiterated on 7 September 2021.
26. Mr X called the Council in January 2019 because of damp and mould in his temporary accommodation which was affecting the health of his child. He had told the landlord previously but had no response.
27. In February 2019 Mr X’s wife sought a transfer due to mobility issues in the property. She had to sleep downstairs following an operation, but the bathroom facilities were upstairs. She also said the damp and mould was affecting her and her son.
28. A week later the Council offered alternative accommodation but Mr X declined as it was too far from the children’s school. The landlord had resolved the leak but the mould and damp issues were still outstanding. The Council agreed with Mr X it would contact the landlord again while they stay at that address, and if the issues cannot be resolved the Council will look again at the transfer request.
29. Mr X reported ongoing damp and mould to the Council again in October 2020, September 2021, February 2022, February 2023 and January 2024.
30. Mr X complained to the Council in November 2023. He said he reported several disrepair issues over the last few years including damp and mould, the collapsing ceiling and boiler issues. In August 2023 an agent assessed the roof and told the Council the family needs to be moved as the landlord will not carry out repairs. He also said the Council awarded him the wrong priority on medical grounds.
31. The Council responded in March 2024, apologising for the delay in response. It said the last medical assessment was carried out in 2021 and gave a link to submit a new medical assessment. Mr X is currently in Band B and can bid on three bedroom properties. On 13 March 2023 the family were added to the transfer list in need of a three-bedroom ground floor in borough property. The complaint was partially upheld and the Council said the team is doing its best to locate a suitable property.
32. Mr X made a stage two complaint in April 2024, saying the Council failed to offer a suitable property for nine years and have been aware the current accommodation is not suitable since November 2015. He asked why he was added to the transfer list in March 2023, and said the complaint response was late.
33. The Council responded in May 2024 apologising for the late stage one response. It said it appreciates the accommodation is not suitable given the medical circumstances but a medical award does not automatically guarantee a new property. A property was offered in 2019 which met Mr X's needs but was declined due to distance from the children’s’ school. Unfortunately the availability of three bedroom suitable properties is low.
34. Mr X was unhappy with the Council’s response. He wants the Council to find suitable accommodation and change his banding.
35. In response to our enquiries the Council provided case notes and emails to show it chased the landlord every time Mr X reported an issue. However, there is no explanation why Mr X was not put on the transfer list before March 2023.

Previous complaints

36. Because of a previous complaint to us, the Council produced a Temporary Accommodation Transfers Procedure and reviewed its procurement of temporary accommodation to identify ways of increasing the supply of different types of accommodation.
37. We issued a public interest report in March 2023 about a long delay in providing suitable temporary accommodation. As part of the resolution to this complaint the Council commissioned an independent external review of the homelessness service and produced an improvement plan based on the review which was to be overseen by the relevant scrutiny committee.
38. We have recently made another decision about the same issue and the Council sent a short report detailing what it intended to do to prevent the problems recurring.

Analysis

39. On the evidence provided I cannot find fault with the Council for Mr X’s banding, as there has been no reassessment from the start of my investigation.
40. The Council has a duty to secure suitable accommodation for homeless households to whom it owes the main housing duty. Mr X and his family live in a property that is unsuitable and had disrepair issues including damp and mould. The Council has accepted it is no longer suitable for Mr X to remain in his accommodation, and offered alternative accommodation in February 2019.
41. It is acknowledged the demand for housing far outstrips the supply of properties in many areas and the shortage of temporary accommodation, particularly in the London area, is outside the Council’s control. However, the law expects councils to rehouse applicants without delay. So, once it accepted the property was unsuitable the Council’s duty to find alternative accommodation was immediate.
42. The Council’s delay in rehousing Mr X is service failure. Mr X is still in the same property the Council say has been unsuitable on medical grounds since 2019. This has caused Mr X prolonged avoidable distress and frustration.
43. The Council have not said why it did not put Mr X on the transfer list before March 2023, so I have calculated the remedy from November 2022, being 12 months before the date of Mr X’s complaint to the Council (see paragraph eight).
44. As set out above, we have recently investigated similar cases where the Council has explained the action it has taken to address the issues with temporary accommodation. So, I have not recommended any additional service improvements as we will monitor the impact of these changes through our complaints.

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Agreed action

45. Within one month of the final decision the Council will:
1. Apologise to Mr X for the delay in finding suitable temporary accommodation. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended in my findings.
2. Pay Mr X £3450 (£150 a month from November 2022 to date) to acknowledge the frustration and distress caused by the significant delay in rehousing him from accommodation it is no longer suitable for him to occupy.
3. Continue to pay Mr X £100 a month until it provides him with alternative temporary accommodation or ends its main housing duty.
4. Pay Mr X £150 for the time and trouble of bringing a complaint and for the delay in complaint response.
46. The Council should provide us with evidence it has complied with the above actions.

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Final decision

I find fault with the Council for failing to find suitable temporary accommodation for Mr X. I have recommended a financial remedy for the frustration and distress caused.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman