Summary: We have found fault with the Council for the delay in finding alternative accommodation for Mr X after its review found his temporary accommodation unsuitable. This caused Mr X to remain in unsuitable accommodation. The Council has agreed to remedy this injustice.

The complaint

1. Mr X complained that, following a review where the Council decided the accommodation was unsuitable, it did not offer him alternative accommodation. He also said the Council failed to remove a heating charge for the temporary accommodation that it provided for him.

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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 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)
3. 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

4. We have investigated another complaint from Mr X (25006734) about how the Council handled a suitability review of his temporary accommodation. I have referred to the review in this decision for context purposes, but I have not investigated this matter again.

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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 received before making a final decision.

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What I found

Law and guidance

The main housing duty

7. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Review rights

8. Homeless applicants may request a review within 21 days of being notified of the following decisions:
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

What happened

Heating charges

9. The Council secured temporary accommodation for Mr X in November 2024. As part of the adaptation, the Council removed a radiator in the kitchen to make more space for Mr X’s wheelchair. The Council confirmed that while it drained a nearby radiator to make the removal possible, it was re-filled once the works were complete.
10. Mr X raised concerns about the cost of the heating in the property. In December, Mr X refused to sign the tenancy agreement or pay the heating charges.
11. In January 2025, the Council sent Mr X an auto-reminder to sign the tenancy agreement. Mr X disputed this as he said he paid for his own heating and hot water separately. The Council confirmed it would not remove the heating charges from the tenancy agreement and that Mr X could not disconnect the heating due to the risk of damp and mould in the property.
12. The Council continued to pursue Mr X for the unpaid heating bills. Mr X raised a complaint with the Council. The Council confirmed that Mr X was still liable for the heating charges.

Time spent in unsuitable accommodation

13. In December 2024, the Council reviewed the suitability of the temporary accommodation and decided the property was unsuitable for Mr X’s disability needs.
14. Over the next 3 months, the Council said that it was actively seeking suitable temporary accommodation for Mr X.
15. In March 2025, the Council offered Mr X an alternative property. Following an informal and then a formal review, in June, the Council decided this property was unsuitable for Mr X’s needs.
16. Between June 2025 and February 2026, the Council considered 62 void properties for Mr X, but all were unsuitable. In addition, the Council considered 24 potential temporary accommodation properties although none of these were suitable.
17. Mr X brought his complaint to the Ombudsman in October 2025.

Update

18. In March 2026, the Council offered a property to Mr X. Following occupational therapist (OT) viewings and reports, Mr X accepted the property, subject to adaptations being made. In July 2026, The Council said that upon completion of the adaptation work and agreement from Mr X and his OT, he could move into the property.

My findings

Heating charges

19. The Council explained to Mr X why it would not remove a heating charge from the temporary property. It also confirmed that other than his kitchen radiator, his heating had not been disconnected. I have seen a breakdown of the charges for Mr X’s temporary accommodation and have seen no evidence of fault by the Council. Given that I have found no fault with the Council for charging Mr X for the heating supplied in his temporary accommodation, Mr X is liable to pay this. I have reflected this in my recommended actions, agreed by the Council.

Time spent in unsuitable accommodation

20. The Council determined Mr X’s accommodation was unsuitable in December 2024. Mr X remained in the accommodation until July 2026. While I have seen evidence that the Council actively searched for alternative accommodation, it was unable to secure this for Mr X for 19 months. This was service failure which amounts to fault.
21. The Council has agreed to apologise to Mr X for the time he spent in unsuitable accommodation following the review.
22. The Council has agreed to my recommendation of paying Mr X £100 for each month spent in unsuitable accommodation (£1900).
23. However, my decision regarding the heating charge is that the Council was not at fault and that Mr X is liable to pay. The Council has agreed to subtract the outstanding heating charge amount from the remedy payment

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Agreed action

24. Within 4 weeks of my decision, the Council will:
1. Apologise to Mr X for the time he spent in unsuitable temporary accommodation.
2. Pay Mr X £1900 minus the outstanding heating debt in recognition of the time spent in unsuitable accommodation.
25. The Council should provide us with evidence it has complied with the above actions.

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Decision

26. I find fault causing injustice. The Council has agreed to take action to remedy injustice.

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Investigator's decision on behalf of the Ombudsman