Summary: Ms X complains the Council was at fault as it left her in unsuitable temporary accommodation due to delays in moving her into more suitable accommodation. We found fault because the delay meant Ms X and her family remained in unsuitable temporary accommodation and we have made an appropriate recommendation. So we have completed our investigation.

The complaint

1. The complainant Ms X complains the Council has left her in unsuitable temporary accommodation due to delays in moving her into alternative accommodation. Ms X says this has caused uncertainty and distress to her and her family.

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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. 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)
4. 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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How I considered this complaint

5. I considered the information provided by Ms X and discussed the complaint with her. I considered the Council’s correspondence the matter. I had regard to the Ombudsman’s Guidance on Remedies.
6. Ms X and the Council 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

7. Ms X’s complaint follows on from one we considered in September 2023 (22 016 876) regarding Ms X’s temporary accommodation. Ms X has been on the Council’s housing register since 2006. The Council accepted a main housing duty to Ms X in October 2010. It offered Ms X a 4 bedroomed house as her previous temporary accommodation was requested back by the landlord. Ms X accepted the offer and moved there in April 2022 with her husband, and four children. Two of Ms X’s children have medical conditions.
8. In August 2022 Ms X requested a review of the suitability of the property offered in April 2022. The outcome of the review in October 2022 was the Council considered Ms X’s accommodation unsuitable and it should provide her with alternative accommodation. Ms X complained to us in September 2023 the Council had not offered her any alternative accommodation since its decision in October 2022. The Council advised us of its difficulties in finding temporary accommodation in its area. We are mindful of the difficulties in procuring housing in London and nationally. But the law says temporary accommodation must be suitable, the duty to provide suitable accommodation is immediate and cannot be deferred. This meant the delay of nine months up to September 2023 in moving Ms X to suitable temporary accommodation would be service failure and this is fault.
9. We found the delay in moving Ms X and her family meant they have lived in unsuitable temporary accommodation for nine months so far. And our Guidance on Remedies recommends a payment for each month spent in unsuitable temporary accommodation. The recommendation in the complaint was for the Council to:
• Send a written apology and make a payment of £1,650 to Ms X to acknowledge living in unsuitable accommodation for eleven months from October 2022 to September 2023 (the date of the final decision) due to the Council’s delay in moving them to suitable temporary accommodation.
• The Council should make an ongoing payment of £150 a month to Ms X (from October 2023) to acknowledge she is living in unsuitable temporary accommodation until the Council either makes an offer of suitable temporary accommodation to Ms X or ends its duty, whichever is sooner.
10. The Council complied with the recommendation to apologise to Ms X and pay her £1,650. The Council sent us evidence of ongoing monthly payments to Ms X. In March 2024 the Council advised us it had made Ms X an offer of a new build property on 31 January 2024 which she had accepted and would be available for her to move into at the end of March 2024. We considered the Council had complied with our recommendations to make monthly payments until it either makes an offer of suitable temporary accommodation to Ms X or ends its duty, whichever is sooner.
11. However, Ms X has not been able to move into her new build property until 10 June 2024 due to issues with the new build. Ms X says the delays in moving in have caused her uncertainty and distress and the Council’s monthly payments to her stopped in April 2024.

My assessment

12. The Council has complied with the agreed recommendations made in Ms X’s previous complaint including an ongoing payment to Ms X until it made her an offer of suitable temporary accommodation. However, the Council made Ms X the offer on 31 January 2024 with a move in date of end of March 2024. This did not happen due to issues with the new build property being offered and Ms X only moved in in June 2024.
13. The original recommendation was for an ongoing payment until the offer was made as we would not envisage such a delay between the offer being made and Ms X moving into the property. We accept there may have been unforeseen issues with the new build over which the Council had limited control to ensure it was of a suitable standard. We also acknowledge the Council made monthly payments to Ms X up to April 2024.
14. But Ms X has remained in the unsuitable temporary accommodation, which is fault by the Council as it has not been able to move her into the more suitable accommodation. This has caused an injustice to Ms X as she and her family remained in accommodation unsuitable for her and her family’s needs. Because of this I therefore consider the Council should apologise to Ms X for the continuing delay in moving her to suitable accommodation. And make her a payment of £300 to cover the two remaining months she lived in unsuitable temporary accommodation before moving into her new property. I consider this an appropriate and proportionate remedy in this case.

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Agreed action

15. To remedy the fault, I have identified in this case the Council will, within one month of my final decision, apologise to Ms X for the continuing delay in moving her to suitable temporary accommodation and make her a payment of £300 to acknowledge she lived in unsuitable temporary accommodation until June 2024.
16. The Council should provide us with evidence it has complied with the above actions.

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Final decision

17. I have completed my investigation. There was fault by the Council which caused an injustice to Ms X as she and her family remain in unsuitable temporary accommodation. The Council will take the action identified at paragraph 15 to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman