Summary: The Council’s failure to provide Ms X with suitable accommodation is fault. As a result, Ms X and her children have been in unsuitable accommodation for 15 months. The Council has agreed to apologise and pay Ms X £200 a month until it finds her suitable accommodation.

The complaint

1. Ms X complains that the Council has not moved her and her family to different temporary accommodation after a review in May 2020 found her current property unsuitable.
2. Ms X also says the Council has not properly resolved issues of disrepair at the property.
3. As a result, Ms X and her children, two of whom have disabilities, remain in unsuitable temporary accommodation which negatively affects their health.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with a council’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

6. I spoke to Ms X about the complaint.
7. I made written enquiries of the Council and considered its response along with relevant law and guidance.
8. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
9. Ms 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

Relevant Homelessness Law and Guidance

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
11. If a council is satisfied an applicant is 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 duty. (Housing Act 1996, section 193)
12. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household.  This duty applies to interim accommodation and accommodation provided under the main homelessness duty.  (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Background

13. Ms X is homeless. The Council owes her the main housing duty. In December 2019, the Council provided Ms X with temporary accommodation.
14. Some decisions that councils make about homelessness carry statutory review rights. This means a homeless applicant can ask the Council to look again at its decision and decide if it made the right one. Whether temporary accommodation is suitable is a reviewable decision.
15. Ms X asked the Council to review the suitability of the accommodation in January 2020.
16. In May 2020, the Council decided the accommodation was not suitable for Ms X. This means the Council had to find somewhere else for Ms X and her children to live.
17. As of March 2021, Ms X is still living in the accommodation because the Council has not found her anywhere else.

My findings

Delay reviewing decision

18. Ms X asked the Council for a review of its decision in January 2020. The Code says that reviews should take no more than 56 days. The Council did not complete its review until May 2020.
19. The Council says it asked Ms X for more information about her children’s disabilities. It says it only had information about Ms X’s conditions and the delay was because Ms X did not provide it any more information.
20. Ms X says she told the Council that its Children’s Services department could provide relevant information about her children’s needs. Since the Council already had this information, she did not see any need to provide it again.
21. The Code says councils can only take longer than 56 days to issue a review decision if the applicant agrees to an extension in writing. There is no evidence the Council asked Ms X for an extension.
22. The Council should have decided Ms X’s review by March 2020. It did not do so until May. This delay of two months is fault.
23. Given that Ms X is still in the accommodation, I cannot say that Ms X would have moved into suitable accommodation sooner but for the delay. However, the delay caused Ms X avoidable uncertainty at an already difficult time. This is an injustice to Ms X.

Disrepair

24. Ms X complains that the Council has not properly addressed issues of disrepair at the property.
25. The Council manages the property on behalf of the landlord. In September 2020 Ms X reported a broken window mechanism. The Council tried to visit in October but could not get access to the property. This is over a month after Ms X reported the issue. Not being able to close the window at that time of year made the property cold. Ms X and her children’s disabilities mean they are particularly vulnerable. The Council should have treated this as an urgent repair. It did not do so. This is fault.
26. The Council did a temporary repair in December but said that because parts were no longer available, the landlord would need to replace the window. The Council accepts that it failed to tell the landlord about this until my enquiries brought this to light. This is fault.
27. As a result, Ms X could not keep the home warm enough for over a month. This is an injustice to Ms X.
28. Ms X says there are ongoing issues of disrepair at the property. However, she has not reported any repair issues to the Council since October 2020. The Council’s records show that it has attended to all reported repairs.

Unsuitable accommodation

29. The Council accepts that Ms X is in unsuitable accommodation and has been since December 2019. Ms X needs a property with at least four bedrooms which is wheelchair accessible. Such properties are scarce.
30. The Council’s records show that it has tried to find alternative accommodation for Ms X and her children. She has emergency medical priority on the housing register and can bid for properties with four or five bedrooms. The Council contacts housing providers regularly to ask about available properties. It has prioritised Ms X for a direct let, but there are 11 other households before her on the list.
31. The Council has identified two properties which may meet, or be adapted to meet, Ms X’s needs. However, neither property is yet available.
32. It is not for lack of trying that the Council has been unable to provide Ms X with suitable accommodation. Nevertheless, the law is clear that the Council has a duty to provide accommodation to homeless applicants which is suitable. It has not done so. This is fault.
33. As a result, Ms X and her children have been in unsuitable accommodation for 15 months. This is causing Ms X and her children significant injustice.
34. Ms X has to sleep in the living room because she can’t use the stairs without two people to help her. An Occupational Therapist has recommended specialist equipment for Ms X’s disabled children, including hoists, but there is not enough room in the property for the equipment they need. The bathroom is too narrow for wheelchair access so two carers must carry Ms X’s disabled child into the bathroom in an undignified and potentially dangerous way. The unsuitable accommodation is negatively affecting the family’s health.

Agreed action

35. To remedy the injustice to Ms X from the faults I have identified, the Council has agreed to:
• Apologise to Ms X in writing.
• Pay Ms X £3000 (£200 a month for 15 months).
• Pay Ms X a further £200 for each month she remains in unsuitable accommodation.
• Liaise with Ms X and her children’s care and support teams to identify if any aids and adaptations can be provided at the property in the interim.
• Ensure staff treat repairs at the property as urgent in light of Ms X and her children’s vulnerability.
36. The Council should take this action within four weeks of my final decision.
37. The Council will also take the following action to improve its services:
• Provide information and guidance to relevant staff on recording where an occupant’s disability or vulnerability may make routine repairs more urgent.
38. The Council should tell the Ombudsman about the action it has taken within eight weeks of my final decision.

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Final decision

39. I have completed my investigation. The Council is at fault. The action I have recommended is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman