Summary: Ms X complains the Council has not provided her with suitable temporary accommodation. She also says she has waited longer than she should have for an offer of permanent accommodation. We have not found the Council at fault.

The complaint

1. Ms X complains the Council has not provided her with suitable temporary accommodation. Ms X says she has waited longer than she should for an offer of permanent accommodation and her current accommodation is outside the borough. She is seeking suitable, permanent accommodation.

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The Ombudsman’s role and powers

2. 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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Relevant legislation and guidance

Suitability of accommodation

3. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their 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)
4. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:
• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household;
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

Review rights

5. Homeless applicants may request a review within 21 days of being notified of the decision on their homelessness application. Applicants may also request a review of the suitability of temporary accommodation provided once the Council has accepted the main homelessness duty. (Housing Act 1996, section 202)

Overcrowding

6. Part X of the Housing Act 1985 sets out when a property should be considered overcrowded. It does this by defining how many people can sleep in a property, depending on the age of the occupants and the number of rooms.
7. It says bedrooms and living rooms should be considered as spaces for sleeping. Anybody over the age of 10 is counted as a single unit; children between the ages of one and 10 are counted as half a unit. Children under the age of one are not counted.
8. Relevant to this complaint, it says a three-bedroom property with a separate living room can accommodate a household comprising 7.5 units.

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How I considered this complaint

9. I considered information provided by Ms X and discussed the complaint with her.
10. I considered information provided by the Council.
11. Both Ms X and the Council had an opportunity to comment on a draft version of this decision. I considered any comments received before making a final decision.

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What I found

What happened

12. The Council accepted a main homelessness duty for Ms X in 2017 and offered her temporary accommodation. Ms X still lives in this accommodation with her family.
13. The Council wrote to Ms X when it made this offer, setting out how it had decided the accommodation offered was suitable for Ms X and her household. It set out other options it considered less suitable, as well as details of independent agencies Ms X could contact for advice. It also explained Ms X’s right to seek a review of the accommodation within 21 days of the Council making the offer.
14. The Council has provided evidence of three property inspections conducted by the property’s managing agent between 2017 and 2020, up to when physical distancing restrictions prevented in-person inspections from taking place. No concerns were documented about the suitability or condition of the property as part of these inspections.
15. In April 2020, the Council reviewed Ms X’s housing application and increased her priority to Band 2.
16. The Council provided record of four welfare telephone calls it made to Ms X between March 2020 and April 2021, during physical distancing restrictions. These records do not reflect Ms X raised any concerns about her accommodation.
17. In October 2021, Ms X reported a loss of electrics, due to a leak under the sink. Records provided by the Council state Ms X had already contacted the managing agent and UK Power Networks before telling the Council. Information provided by the Council shows the leak was resolved within 24 hours. Contractors needed access to a neighbouring property to complete the repairs.
18. Two days after the leak, the Council offered Ms X a four-bedroom property as temporary accommodation. This property was bigger, but further away than Ms X’s current property. The Council wrote to Ms X and explained why it considered this property suitable. It outlined the alternatives it had considered and highlighted Ms X’s right to ask for a review of suitability within 21 days. Ms X wrote to the Council, saying she did not wish to move unless it was to a property inside the borough, citing work and school commitments. Ms X remained in her property.
19. In January 2022, Ms X complained to the Council about her housing circumstances. Ms X:
1. said she had been in her current temporary accommodation for a long time and felt the Council had forgotten her;
2. said her current temporary accommodation was not suitable, citing issues with the electrics and harassment against her and her children from the neighbour below;
3. asked the Council to review her application because of how long she had been waiting for permanent accommodation.
20. The Council responded to Ms X’s complaint. The Council:
1. said Ms X had lived in her current temporary accommodation since March 2017 and it was considered suitable for her household’s needs;
2. said it aimed to house all residents inside the borough, but this was not always possible due to the relatively small size of the borough and high rents. The Council said it relied on using affordable properties at the edge of the borough and in neighbouring authorities.
3. confirmed what its records showed about the reported loss of power in October 2021.
4. said it was not aware of an issue with Ms X’s neighbour, but it would ask a housing officer to review this.
5. said Ms X was in the second-highest housing priority band and the Council would make an offer in line with its allocations policy. The Council said the average wait time was between 32-70 months for four-bedroom properties, and around 60 months for three-bedroom properties.
21. In February 2022, Ms X asked the Council to escalate her complaint. The Council responded to Ms X’s complaint in April 2022. In its response, the Council:
1. apologised for its delay in responding to Ms X’s complaint;
2. reiterated the points made in its previous response about the lack of available housing;
3. said it had taken appropriate action to address the reported electrical issues and had offered a move to larger temporary accommodation, which Ms X had declined;
4. acknowledged Ms X had been waiting longer than the estimated 60 months, but advised this was an average and some wait times would be longer. It accepted this was frustrating.
5. apologised that nobody had called Ms X before responding to her complaint at stage one. It said such contact was not always necessary, but it would have been better to do so.
6. outlined some possible solutions, referring to a recent telephone call Ms X had with the Council. It highlighted possible home swap schemes and provided the contact information for the Council’s temporary accommodation team. It said it would assist with Ms X’s concerns about her neighbour.
22. The Council enquired with the property’s managing agent as to whether they had received reports of antisocial behaviour between neighbours. The managing agent said they had not.
23. The Council has provided records of three further property inspections carried out by the managing agents in April 2022, August 2022 and September 2022. No tenancy or property concerns were recorded in the first two inspections. On the third inspection in September 2022, it was recorded Ms X told the managing agents her neighbour had complained her children were too noisy. The managing agent gave advice on what to do if there continued to be issues. They also gave advice on how to manage condensation in the property.

Analysis

24. Paragraphs 3-5 outline the Council’s responsibility to consider whether the accommodation offered to homeless applicants is suitable, both for the applicant and their household, as well as the right to a review of this decision.
25. The Council has provided evidence it notified Ms X of her right to request a review of the suitability for her current accommodation when it offered it to her. It also outlined why it considered the property suitable. I have not found fault with the Council’s actions.
26. The Council says it responded promptly to reports of faulty electrics and offered Ms X alternative temporary accommodation. It again provided a right of review and explained how it had concluded the property offered was suitable. Ms X opted to remain where she was, due to the electrics being fixed and the location of her current property. The Council’s actions were in accordance with its responsibilities and I have not found fault.
27. The Council’s records suggest the property was regularly inspected and no tenancy or repairs issues raised until Ms X made a complaint in late 2021. When notified, the Council took steps to find out more about the alleged antisocial behaviour from Ms X’s neighbour and worked with the managing agent. No issues were raised in the two subsequent property inspections, but when Ms X later raised this again with the managing agent, appropriate advice was offered. There is no evidence of fault here.
28. Ms X is currently in priority band 2 as of April 2020. The Council has provided record of a discussion it had with Ms X in April 2022, regarding her priority. The Council explained it could backdate this priority further, if Ms X provided evidence she was employed before April 2020. I have not found fault with the Council’s actions.
29. I have considered what I know about Ms X’s property and housing circumstances. The property has three bedrooms, with a separate living room. Ms X resides there with her five children, one of whom is over 10 years of age. Under the space standard outlined in paragraphs 6-8, Ms X’s household comprises of 4 units, in a property that could accommodate 7.5 units. Based on the information available, the property would not be considered overcrowded.
30. I appreciate Ms X is frustrated by the time taken to secure permanent accommodation. The Ombudsman recognises the demand for social housing far outstrips the supply of properties in many areas. We would not find fault with a council for failing to permanently re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

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Final decision

31. I have completed my investigation with a finding of no fault by the Council.

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Investigator's decision on behalf of the Ombudsman