Summary: Miss Y complained the Council failed to carry out action it agreed to take following our final decision of 9 January 2024 on her previous complaint to us. We have found fault, causing injustice, by the Council in failing to move Miss Y to suitable alternative accommodation as it agreed to do in January 2024. The Council has agreed to remedy this injustice by apologising to Miss Y and making a payment to recognise the impact of her continued stay in unsuitable accommodation.

The complaint

1. Miss Y complains the Council failed to carry out action it agreed to take following our final decision of 9 January 2024 on her previous complaint to us. This complaint concerned the suitability of the temporary accommodation provided for her and her child, Z, by the Council under its homelessness duties; and her proposed permanent accommodation.
2. Miss Y says the Council failed to take the following actions set out in our decision:
1. move her to suitable alternative accommodation;
2. arrange a meeting with her to establish how much longer it would take to complete work at Property A; and
3. ensure she had complete and reliable information to enable her to make an informed decision and discuss all the options with her including:

• the option of withdrawing the offer of Property A, if the work was unlikely to be completed soon; or
• moving her to self-contained temporary accommodation while she waited for Property A to be ready.

3. Because of these failures, Miss Y says she was forced to continue living in unsuitable accommodation, including moving between different family members. She also says, although she has now moved into Property A, the agreed work needed to make the property safe for Z has still not been completed.
4. These failures have caused her further problems and stress, impacting her physical and mental wellbeing.
5. She wants the Council and housing association to ensure the outstanding work and adaptations to the property are completed without any further delay.

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The Ombudsman’s role and powers

6. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these.
7. 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)
8. 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(1), as amended)

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What I have and have not investigated

9. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of housing associations. (Local Government Act 1974, sections 25 and 34(1), as amended)
10. I have investigated the actions for which the Council was responsible regarding Miss Y and Property A.
11. I have not investigated the housing association’s actions regarding Property A or its role as Miss Y’s landlord.

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How I considered this complaint

12. I considered evidence provided by Miss Y and the Council as well as relevant law, policy and guidance.
13. Miss Y and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What happened

14. I have set out a summary of the key events below. It is not meant to show everything that happened. It is based on my review of all the evidence provided about this complaint.
15. I am looking at what happened from January 2024, following the issue of our final decision on Miss Y’s previous complaint to us. But I have set out earlier events as context for my decision on this complaint.

Background

16. Z is a child with disabilities. In January 2022 an NHS Occupational Therapist (OT) made the following recommendations about the type of accommodation suitable for Z’s needs:

• no balcony, open access balcony to front door or communal balcony;
• no communal stairway with open balustrade. Z could manage internal stairs if they were enclosed;
• no open plan kitchen;
• not above the second floor; and
• locks at top of front door, kitchen and bathroom doors, and lockable window restrictors on windows.

17. Miss Y provided a letter from a family support worker. This said Miss Y needed to live close to family and networks in Islington as she required support with Z’s complex needs. It also said Miss Y found it difficult to take Z on public transport due to their reaction to noise and crowds.
18. The Council provided Miss Y and Z with emergency hotel accommodation under its homelessness duties in February 2022. It accepted it owed her the main housing duty in March 2022.
19. In January 2023 a Council officer carried out a comprehensive review of all the medical evidence provided. They made the following recommendations about the type of property suitable for Miss Y and Z’s needs:

• not above the second floor;
• no open walkways or balcony;
• no stairs with open balustrades;
• no open plan living/kitchen area;
• appropriate window and door locks;
• no more than one flight of enclosed stairs inside the property – no individual steps between rooms due to the risk of falls;
• it would be beneficial for the property to be close to Z’s nursery due to their sensory difficulties in using public transport; and
• the OT should view any property offered to make sure it was suitable for Z’s needs.

20. In March 2023 an OT viewed Property A, a housing association property, to assess its suitability for Z’s needs. The Council proposed offering Property A to Miss Y as permanent accommodation in discharge of the main housing duty. Miss Y and Z were still living in emergency hotel accommodation at this stage.
21. The OT assessed Property A as suitable for Miss Y and Z with the following adaptations, which should ideally be completed before they moved in:
1. enclosure of the internal stairs;
2. installation of high level sliding bolts on the front door and some internal doors and cupboards;
3. installation of lockable window restrictors; and
4. specific minor works in the garden and driveway to remove hazards.
22. The Council agreed to complete the adaptations set out by the OT and offered Property A to Miss Y on this basis, in discharge of the main housing duty. Miss Y accepted the offer and signed the tenancy agreement with the housing association in April 2023.
23. Miss Y and Z continued to live in temporary hotel accommodation while work to Property A, including the adaptations assessed by the OT, was completed

July 2023: Miss Y’s first complaint to us

24. As at July 2023, Miss Y had not moved into Property A and was still living in the hotel accommodation. She complained to us the Council had placed them in unsuitable and unsafe bed and breakfast hotels where they had stayed since February 2022.
25. We said we could not investigate the housing association’s actions. But we could look at how the Council responded when it was told about the delay with the work at Property A.
26. The Council accepted Miss Y’s hotel accommodation was not suitable. But it said there was a shortage of temporary and permanent accommodation which fully met all the OT’s recommendations about the type of property suitable for Z’s needs.

January 2024: Our decision on the first complaint

27. We found fault by the Council causing Miss Y injustice. In our final decision we set out the action the Council had agreed to take to remedy the injustice. This action included:
1. a payment to Miss Y to recognise the distress, hardship and inconvenience caused by her long stay in unsuitable bed and breakfast hotel accommodation from February 2022 to 20 December 2023. This redress, assessed as £150 a week, should continue until she was moved to suitable alternative accommodation; and
2. within one month of the decision (by 8 February 2024) prioritise an immediate move for Miss Y out of the hotel to suitable alternative accommodation. To achieve this the Council should:

• arrange an urgent meeting with her, the OT and the housing association to establish how much longer it would take to complete work at Property A; and
• when it had clear timeframes, and ensured Miss Y had complete and reliable information to enable her to make an informed decision, discuss all the options with her including: the option of withdrawing the offer of Property A, if the work was unlikely to be completed soon; or moving her to self-contained temporary accommodation while she waited for Property A to be ready.

January to March 2024: action following our decision

28. The Council began searching for alternative short-term accommodation for Miss Y. It offered her a serviced apartment on 24 January which she declined because it had an open plan kitchen which was not safe for Z. The Council continued looking for other accommodation.
29. Council housing officers and the OT met with Miss Y and the housing association on 7 February to discuss the position with Property A, Miss Y's temporary accommodation and her options. The meeting minutes record the following:
1. Temporary accommodation:

• the Council understood Miss Y had not stayed at the hotel accommodation since 11 January. Miss Y said she had been staying with family and friends since then because the hotel was completely unsuitable for Z’s needs; and
• it continued its search for alternative temporary private sector accommodation for Miss Y but nothing suitable was currently available. It was also looking to see if there was anything suitable within its own stock.
2. Property A:
• the Council said the only outstanding adaptations it had agreed to make were the work to make the garden safe and enclosure of the internal staircase. Their contractors had said this work could be completed by mid-March and Miss Y could then move in at the end of March;
• it asked Miss Y what would prevent her from moving in now. She said the property would not be suitable until the internal staircase work was done. She also referred to other issues including: kitchen adaptations; mould; and some items of disrepair. She told the Council a social worker had advised the kitchen should be adapted to make it safe for Z; and
• the housing association said it would complete any repairs needed and carry out adaptations agreed by an OT. The Council said kitchen adaptations had not been agreed by an OT.
3. Options:
• Miss Y said unless all the adaptations were done, she would need another offer of suitable permanent accommodation;
• she had put the garden and staircase work on hold because she understood it would be decided at this meeting whether this would go ahead;
• the housing association said the tenancy agreement was legally binding and Miss Y had been responsible for the rent since the start of the tenancy agreement. She would have to give notice to terminate the tenancy. If she felt Property A was not suitable from the outset, she would have to raise this with the Council
4. Actions:
• the housing association would inspect Property A regarding any outstanding repairs and work it had agreed to do;
• Miss Y would send the Council the social worker’s report about kitchen adaptations;
• the Council would continue searching for suitable alternative temporary accommodation; and
• it would organise another meeting with Miss Y.

30. Miss Y contacted the Council following the meeting. She said:

• she’d met with the housing association to go through the outstanding repairs;
• but she was concerned the meeting had focused on getting Property A ready rather than outlining all the options and allowing her to make a decision as agreed in the final decision;
• she didn’t have the complete and reliable information she needed to make an informed decision; and
• she asked for an update about alternative temporary accommodation, as there must be something available which was more suitable than the hotel.

31. The Council told Miss Y it had still not managed to find any other suitable temporary accommodation but would keep on looking.
32. It also said it would arrange another meeting once it had reviewed the information she provided about the request for kitchen adaptations, and the full picture about work completed at Property A.

April 2024: contact about a further meeting

33. The Council proposed dates for a meeting in April. In her reply, Miss Y:

• asked about the Council’s response to her request for kitchen adaptations;
• said she hadn’t received any updates about alternative temporary accommodation and asked what was happening about this; and
• said it was pointless having a further meeting without being told what her options were if she withdrew from Property A.

34. The Council said it would give her the information needed to decide how to proceed and proposed a meeting on 8 May.
35. Miss Y said she could not make this meeting. She asked the Council to send her the information she needed to make an informed decision, including an update on alternative temporary accommodation, the agreed adaptations and the kitchen.

May 2024: Information provided by the Council

36. On 8 May the Council wrote to Miss Y setting out the current position. It said:
1. it understood the following works at Property A were outstanding:

• staircase spindles to be made safe. This would be carried out by the Council's contractors and completed 4-6 weeks from her confirmation to go ahead;
• garden fencing. This would be carried out by the Council’s contractors and completed 3 weeks from her confirmation to go ahead;
• kitchen cupboards to be replaced. This would be carried out by the housing association’s contractors; and
• rear door. This would be carried out by the housing association’s contractors.
2. the above work could be carried out as soon as she confirmed she would be in attendance to allow the contractors access;
3. when these works were completed, her temporary accommodation placement would be cancelled. The Council would provide her with sufficient notice of the end date before the placement was cancelled;
4. as an exception, it had set aside another social housing property for her (Property B). This was a council owned property in the borough which was about to be vacated. It could either be used by her as temporary accommodation until the work at Property A was completed, or as permanent accommodation should she decide to relinquish her tenancy of Property A. It would arrange a viewing time with her; and
5. she should discuss any rent arrears for Property A with the housing association.

June 2024: Property B

37. Miss Y viewed Property B with a Council medical adviser. The adviser reported:

• Miss Y’s main concerns about suitability were the external communal flight of stairs at the property and its distance from Z’s school;
• they were aware external stairs were not recommended in the previous OT report. They had discussed with Miss Y that Property B was offered as the most suitable temporary accommodation currently available. They had asked whether she felt she could manage Z better in Property B than a hotel room;
• Miss Y was concerned about the risk of Z running off and climbing the external staircase;
• they had discussed the property’s distance from school, and the possibility children’s services could explore transport provision; and 
• Miss Y wanted to challenge the previous OT decision about the suitability of Property A once the internal stairs were enclosed.

38. Following the viewing and the medical adviser’s report, the Council told Miss Y it would not make any further offers of temporary accommodation if she declined Property B and it would expect her to move into Property A.

July 2024: Miss Y’s complaint to the Council

39. Miss Y complained:

• Property B was not suitable for Z’s needs and did not meet OT recommendations;
• the Council had failed to comply the ombudsman’s decision it should provide her with suitable accommodation; and
• she had been offered Property A as a property needing adaptations but had not received any update about this work.

40. In its response of 9 August, the Council said:
1. it had been told the following works were outstanding at Property A:

• installation of a bolt keeper plate and draught excluder on the back door;
• replacement of four doors which were delaminated and replacement/repair of five hinges;
• repair to a key lock to the kitchen;
• replacement of back door glass; and
• works approved under a disabled facilities grant.
2. some of these works were to be completed by the Council and some by the housing association. The Council had offered several start dates which Miss Y had not accepted;
3. the Council’s OT advised the repair work could be done while Miss Y was in occupation. These outstanding items should not stop her living at Property A;
4. it had been told she had not occupied the hotel accommodation provided for her since March 2024; and
5. as she had refused the offer of Property B as temporary accommodation, this offer had been withdrawn. It would not make any further offers of temporary accommodation. She was now expected to move into her permanent accommodation at Property A.

41. Miss Y was not satisfied with the response and brought her complaint to us in December 2024.

Was there fault by the Council causing injustice?

Service failure

42. The Ombudsman’s view, based on caselaw, is that ‘service failure’ is an objective, factual question about what happened. A finding of service failure does not imply blame, intent or bad faith on the part of the council involved.
43. There may be circumstances where we conclude service failure has occurred and caused an injustice to the complainant despite the best efforts of the council. This still amounts to fault. We may recommend a remedy for the injustice caused and/or that the council makes service improvements. (R (on the application of ER) v CLA (LGO) [2014] EWCA civ 1407

Move to suitable alternative temporary accommodation

44. I accept the Council tried to find suitable alternative temporary accommodation for Miss Y but was unable to do so. This was because of the shortage of available accommodation within the private sector and its own housing stock, and the difficulty of finding short-term accommodation meeting Z’s specific housing needs.
45. I note the one property from within its own stock, Property B, the Council offered to Miss Y in June 2024 had an external communal staircase. The OT had specifically advised Z needed a property which did not have a communal stairway with open balustrade. I can understand why Miss Y said it was not a suitable offer of temporary accommodation.
46. I consider the Council’s failure to move Miss Y and Z to suitable alternative temporary accommodation as it agreed to do following our decision in January 2024 was due to service failure, but this was still fault.
47. I will consider the impact of this failure below.

Provision of information to allow Miss Y to make an informed decision

48. The Council held a meeting with Miss Y in February 2024, within the agreed timescale, to discuss the position.
49. I don’t consider it was fault by the Council that Miss Y did not have the information she needed at that stage to make a decision about her options. Miss Y asked questions about her request for kitchen adaptations and repairs by the housing association. These were not part of the adaptations agreed by the Council as required to make Property A suitable for Z when Miss Y accepted the offer.
50. It took some time for the Council to complete its enquires about the outstanding adaptations and repairs at Property A, and Miss Y’s request for kitchen adaptations.
51. In my view, Miss Y had sufficient information to make an informed decision by 9 August 2024. This is because although Miss Y had not been moved to any suitable alternative accommodation, by this date the Council had confirmed:
1. Property A was suitable for Miss Y and Z to move into. It had completed the adaptations it agreed to make the property suitable for Z’s needs when she accepted the offer of Property A, apart from the enclosure of the internal stairs and garden fencing. This would be done as soon as Miss Y agreed access;
2. these agreed adaptations did not include kitchen adaptations;
3. other repair issues were the housing association’s responsibility as her landlord; and
4. it would not make any further offers of temporary accommodation as she was now expected to move into her permanent accommodation at Property A.
52. I am satisfied the Council properly considered the information it had about the completion of the adaptations agreed when Miss Y accepted the offer, before deciding in August 2024 Property A was now suitable for her to move into.
53. I also consider it properly explained the position to Miss Y and that she had the information she needed to make an informed decision about whether to move into, or withdraw from, Property A.

Impact of the failure to move Miss Y to suitable alternative accommodation

54. The Council agreed in January 2024 to continue to pay Miss Y £150 a week as redress for the impact of living in unsuitable accommodation, until she was moved to suitable alternative accommodation.
55. It has offered, in recognition of this, to pay Miss Y £3,536 to cover the 23.5 weeks from 21 December 2023 to 3 June 2024 during which it was searching for alternative temporary accommodation for her.
56. I consider, however, the Council should continue to pay this redress until 9 August 2024. This is because:

• I am not satisfied the Council properly took into account the OT’s advice about communal stairways with open balustrades when considering Property B’s suitability for Z’s needs: and
• 9 August is when Miss Y had sufficient information about her options to make a decision about moving into Property A.

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Action

57. To remedy the injustice caused by the above faults and, within four weeks from the date of our final decision, the Council has agreed to:
1. apologise to Miss Y for its failure to move her to suitable alternative accommodation as it agreed to do in January 2024. This apology should be in line with our guidance on Making an effective apology ; and
2. pay Miss Y £150 a week from 21 December 2023 to 9 August 2024, as redress for the impact of living in unsuitable accommodation
58. The Council should provide us with evidence it has complied with the above actions.

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Decision

59. I find fault causing injustice. The Council has agreed to carry out the above action to remedy this injustice.

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Investigator's decision on behalf of the Ombudsman