Summary: Miss Y complained the Council did not act on her reports of a Pharaoh Ant infestation in her temporary accommodation and did not consider if the property remains suitable for her and her children to live in. We agreed. The Council has agreed to review the suitability of Miss Y’s accommodation, apologise to her in writing and make a payment in recognition of the injustice caused to her.

The complaint

1. The complainant, who I shall call Miss Y, complains the Council did not take effective action on her reports of a Pharaoh Ant infestation in her temporary accommodation. Miss Y says the accommodation is unsuitable for her and her children because it is unsafe. She says this is causing her and her family distress and has put her to avoidable time and trouble to pursue a resolution.

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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)

• 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

3. I discussed the complaint with Miss Y and considered information she provided.

• I asked the Council for information and considered its response. I also considered the relevant legislation and guidance.

4. I had regard to comments from Miss Y and the Council on my draft decision.

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What I found

5. Temporary accommodation is provided to homeless applicants as part of a council’s main homelessness duty.
6. 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 (from 3 April 2018) Homelessness Code of Guidance 17.2)
7. In determining whether accommodation is suitable for a person, the local housing authority must take into account the location of the accommodation and its physical condition (state of repair and safety of utilities). (Homelessness (Suitability of Accommodation (England)) Order 2012, sections 2 & 3)
8. Homeless applicants can ask for a review of the suitability of temporary accommodation provided once the council has accepted the main homelessness duty. (Housing Act 1996, section 202)
9. The duty to provide suitable accommodation is an ongoing duty. The council must keep the issue of suitability of accommodation under review. (Homelessness Code of Guidance paragraph 17.8)

What happened

10. Miss Y is homeless and the Council owes her the main housing duty. The Council provided her and her three children with temporary accommodation in September 2021.
11. In October 2021 Miss Y told the Council there was an infestation of Pharoah Ants in the property. She told the Council’s Move On Team who said it would arrange treatment to address the problem.
12. In February 2022 Miss Y made a complaint to the Council because no treatment had been carried and the infestation persisted. The Council replied saying it had no record of her earlier reports. It arranged treatment which began in March.
13. Miss Y says the pest control worker who attended her home told there was a known infestation in the block. Notes from the Council show the pest control worker advised that other flats in the block should be checked to see if there was a wider problem. The Council did not act on the recommendation.
14. In July Miss Y told the Council the treatment had not resolved the infestation. The Council did not respond.
15. Frustrated by the lack of response Miss Y contacted us for help. We made enquiries of the Council.
16. Following receipt of our enquiries the Council arranged a second round of treatment. It began in September and is ongoing.
17. In response to our enquiries the Council said:

• it had no record of Miss Y’s reporting a problem before February 2022.
• the last report of Pharaoh Ants before Miss Y’s report was December 2020. It said no pest control treatment had been carried out at Miss Y’s property in the 24 months before her moving in.
• in October 2022 it surveyed the block and found three properties on different floors had problems with Pharaoh Ants. Therefore, it has agreed to carry out treatment for the entire block.
• it has changed the process for tenants living in temporary accommodation to arrange pest control treatment. They can now contact the call centre directly to arrange treatment rather than asking a member of its Move On Team to make a referral.
• it considers the property is suitable accommodation for Miss Y and her family although it did not explain why.
• records provided by the Council showed that Miss Y has been out when pest control workers have attended her home to carry out scheduled appointments.

Finding

18. I have found no evidence suggesting the Council was aware of an infestation in either Miss Y’s property or the wider block before she moved in. Therefore, I cannot conclude it offered her a property that it knew may be unsuitable.
19. However, the Council must keep the issue of suitability under review. Miss Y told the Council about the infestation and that she felt the property was unsuitable for her and her children. This amounts to a change of circumstances and the Council should have carried out a written section 202 suitability review. I have seen no evidence that it did so. This is fault.
20. Also I have seen no evidence the Council told Miss Y she could request a section 202 suitability review even though she had raised concerns about the suitability of the property. This is fault.
21. I note the Council provided comments to my enquiries saying it considered the property suitable for Miss Y and her family. However, it provided no reasons for its view and so I do not know how it made its decision. Therefore, I cannot be certain that it considered the extent of the infestation and the impact on Miss Y and her family’s living conditions. This is fault.
22. Miss Y first reported the problem in October 2021 but treatment did not begin until March 2022. I am aware the Council says it has no record of her October report. However, I also note that it has changed its procedures for those living in temporary accommodation to report pest control issues. It seems reasonable to conclude the Council would only change its processes if there were problems. Therefore, I find on the balance of probabilities, Miss Y did make a report in October.
23. I find the Council at fault for delay in arranging treatment for Miss Y’s home. Her October report was not acted on until March 2022. A delay of five months. There was further delay of two months when the Council failed to act on her July 2022 report the earlier treatment was unsuccessful. This fault means Miss Y and her family were living with the infestation for seven months longer than necessary.
24. It also appears the Council did not act on a recommendation made by a pest control worker that a survey of the block should be carried out. If the Council had done so earlier, it would likely have found out other properties were experiencing problems (as found in the October survey) and it would have arranged treatment for the block sooner.

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Agreed action

25. The Council will carry out a section 202 suitability review to find out if Miss Y’s accommodation is suitable for her and her family while the infestation is still ongoing. It will commence the review within two weeks of my final decision and complete it within the statutory timescale. It will provide a copy of the review to Miss Y and the Ombudsman.
26. Within in four weeks of my final decision the Council will write to Miss Y apologising for the delay in arranging treatment of the infestation. It will also make a payment of £700. This compromises of £100 for each month of delay (seven in total) that I found. This figure considers the impact on Miss Y and her children but also recognises that Miss Y missed some scheduled pest control appointments.
27. Within three months of my decision the Council will issue a memo to officer’s reminding them that when an applicant asks the Council to reconsider the suitability of their current temporary accommodation because of a change in circumstance, the decision must be put in in writing. This will allow the applicant to use the section 202 review procedure to challenge the Council’s decision if they disagree.

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Final decision

28. I have completed my investigation, I found fault causing injustice and the Council agreed to my recommendations to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman