Summary: There was fault by the Council. The Council delayed carrying out a suitability review of temporary accommodation and delayed moving a family when it found the accommodation was unsuitable. The Council also placed the family in Bed and Breakfast accommodation for 43 weeks over the maximum 6 weeks allowed. The family have now moved, but an apology, symbolic payment and review of procedures remedies the injustice.

The complaint

1. The complainant, Mr X, complains the Council delayed carrying out a suitability review of his temporary accommodation. Mr X also complains the Council delayed moving his family to suitable temporary accommodation when a review found their accommodation was unsuitable.
2. Mr X says that his family, including 2 young children and a newborn baby have been living in one room bed and breakfast accommodation for over a year.

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The Ombudsman’s role and powers

3. 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)
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(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X 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

7. Mr X, his wife and three children were placed in interim accommodation from 27 September until 17 October 2024. This was Bed and Breakfast accommodation.
8. The Council then owed the full housing duty to them, so they were moved to Temporary Accommodation (TA) by the Council on 18 October 2024. This was one room (with bunk beds) with an ensuite bathroom and separate communal kitchen facilities. The Council says the accommodation is an ‘annex’ not Bed and Breakfast.
9. Mr X asked the Council to review the suitability of the TA on 14 March 2025.
10. Mr X made an official complaint that the Council had delayed making a decision on the suitability of the TA. The Council upheld his complaint on 14 July 2025. The Council has said the review of the suitability of the TA was delayed by 11 weeks.
11. The Council said that TA was unsuitable on 23 July 2025 and said that it would make another offer of accommodation.
12. The Council made a new offer of temporary accommodation of a 2 bedroom flat and Mr X moved on 3 September 2025.

My analysis

13. The Council has accepted it delayed carrying out the review of the suitability of the TA. The delay was 11 weeks and it has proposed to remedy the delay, which has meant that the family remained in unsuitable TA for 11 weeks longer than they should of with a symbolic payment of £1100.
14. The Council has also said there was 5 weeks delay in providing new TA after the review found the TA was unsuitable. The Council has offered to remedy the injustice of remaining in unsuitable TA for 5 weeks longer than necessary with a payment of £600.
15. The Council has offered a total remedy of £1700.
16. The Council has accepted it was at fault and that as a result, Mr X’s family were in unsuitable TA for 17 weeks longer than necessary.
17. However, Bed and Breakfast is defined as accommodation which is not separate, self-contained premises and either:

• cooking facilities are not provided
• a toilet, personal washing facilities or cooking facilities are shared between more than one household

It does not include accommodation which is owned or managed by the local authority, a registered social landlord, or a voluntary organisation.

18. The information I have says the accommodation had shared cooking facilities. The 2024 planning application for the property shows the property in private ownership. So, it meets the legal definition of Bed and Breakfast (B&B) accommodation. I cannot find any definition of an ‘annex’ as the Council suggests.
19. The Council says that as the family had a ‘kitchenette’ in their room, with a microwave, kettle and air-fryer so it does not constitute bed and breakfast accommodation as it is self contained. I do not accept this is the case. I do not consider that putting a microwave and air-fryer in the room meets the definition of cooking facilities. There is no provision for washing up (apart from the bathroom sink), no cooker or hob, no storage facilities or fridge or space to prepare food which is clearly meant to happen in the communal kitchen.
20. Our guidance on remedies says that ‘the most serious injustice is often experienced by households who stay long-term in unsuitable B&B accommodation, often far in excess of the six-week legal limit for families with children or a pregnant household member. The law says this type of accommodation is never suitable for families with children or a pregnant household member. The Suitability of Accommodation Order 2003 says it can only be used for a maximum of six weeks for families when no other accommodation is available. We will assess financial redress in these cases by reference to the number of weeks a family has stayed in B&B beyond the point where they should have been moved. This may be earlier than the maximum six weeks. We are likely to recommend a weekly payment in the range of £100 to £200. This payment is additional to reimbursement of any specific quantifiable costs the homeless household incurred’.
21. Mr X, his wife, two children and a newborn baby spent from 27 September 2024 until 3 September 2025 in Bed and Breakfast accommodation. This was 49 weeks or 43 weeks longer than the 6 week maximum under the law.
22. Our guidance on remedies recommends a weekly payment in the range of £100 to £200 for each week spent in Bed and Breakfast accommodation past 6 weeks. In this case, there was a family of 5 with a newborn living in one room. There was private bathroom facilities but no private cooking facilities so I recommend a payment of £150 per week for 43 weeks, this is £6450.

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Action

23. Within one month of the date of the decision of this complaint the Council should:
• Apologise in writing to Mr X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mr X £6450.
• Tell staff (via email or a change in guidance) that accommodation without a separate kitchen and bathroom is classed as Bed and Breakfast accommodation even if a kettle, air-fryer and microwave is provided in the room, as this does not constitute a kitchen.
24. The Council should provide us with evidence it has complied with the above actions.

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Decision

25. I have completed my investigation and find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman