Summary: Ms X complained that the Council provided her and her child with unsuitable temporary accommodation when they were homeless. She said they had suffered with noise and disturbances outside, including fighting and banging on the window. We found no fault in the way the Council responded to Ms X’s concerns. However, it was at fault in that it delayed in responding to her complaints. The Council has agreed to apologise for this.

The complaint

1. Ms X complains that the Council provided her and her child with unsuitable temporary accommodation when they were homeless. As a result, they have suffered with noise and disturbances outside, including fighting and banging on the window. Ms X says they do not feel safe in the accommodation and are losing sleep which is having a detrimental effect on their mental health.

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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)
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(i), as amended)

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How I considered this complaint

4. I have considered all the information provided by Ms X, made enquiries of the Council and considered its comments and the documents it provided.
5. 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

Legal and administrative background

6. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need it has a duty to secure that accommodation is available for their occupation. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
7. 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)
8. Homeless applicants may request a review within 21 days of the suitability of accommodation offered to them after a homelessness duty has been accepted.

Key facts

9. Ms X applied to the Council in June 2021 for assistance with housing as she was homeless. The Council accepted a relief duty to her and placed her and her child in temporary accommodation.
10. In August 2021 the Council accepted a full housing duty to Ms X.
11. In September 2021 Ms X moved to alternative temporary accommodation and has remained there whilst bidding for accommodation on the Council’s housing register and looking for private rented properties.
12. On 27 May 2022 Ms X complained to the Council about the suitability of the temporary accommodation. She said there were people banging on the windows and fighting outside and this was affecting her mental health and that of her child. She said they did not feel safe in the accommodation.
13. The Council says that, around this time, Ms X spoke to several advisers in the housing options team about her search for properties and waiting times on the housing register.
14. The Council did not respond to Ms X complaint, so she sent a further complaint on 14 July 2022.
15. The Council responded to Ms X’s complaint at stage 1 of its complaints procedure on 27 July 2022. It said it had promised Ms X’s local councillor that a member of the housing options team would contact her but this had not happened. It apologised for this and said a member of staff would contact Ms X.
16. The same day Ms X escalated her complaint to stage 2 of the Council’s complaints procedure. The Council responded on 23 September 2022. It explained that the issues Ms X had complained about were not directly related to the quality of her temporary accommodation, but, rather, to events that were occurring outside her home. It advised her to report any incidents of antisocial behaviour (ASB) to the Council’s community safety unit and provided a link to the relevant page on its website. It also explained that, if she experienced any criminal behaviour, she should report this to the police.
17. The Council says Ms X reported no further issues regarding noise or other incidents outside the accommodation.

Analysis

18. Ms X had a right to request a review of the suitability of her temporary accommodation. However, the issues she raised were not directly related to the suitability of the accommodation itself. Rather, they related to ASB in the locality. I find the Council acted correctly in explaining to Ms X that she should report any incidents of ASB to its community safety unit to deal with and in providing information on how to do this. It also correctly explained that she should report any criminal behaviour to the police. The Council says Ms X has made no reports of ASB since July 2022 so it has been unable to take any action. Ms X has provided no evidence to suggest she has reported any ASB to the Council since she was advised to do so. I therefore find no grounds to criticise the Council.
19. However, I find the Council was at fault in that it delayed in responding to Ms X’s stage 1 and stage 2 complaints. Ms X first complained to the Council on 27 May 2022. It did not respond until 27 July 2022. The Council’s complaints procedure states that it will respond to a stage 1 complaint within 10 working days. The failure to do so was fault. This caused Ms X uncertainty and she was put to time and trouble in having to raise a further complaint on 15 July.
20. I find the Council also delayed in responding to Ms X’s stage 2 complaint. She made the request on 27 July and the Council did not respond until 23 September. The Council’s complaints procedure states it will respond to a stage 2 complaint within 20 working days. Failure to do so was fault and caused Ms X further uncertainty.

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Agreed action

21. The Council has agreed that, within one month, it will:
• send a written apology to Ms X for the delay in responding to her complaints; and
• issue a reminder to relevant staff that complaint responses must be issued within published timescales.

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Final decision

22. I do not uphold Ms X’s complaint. However, I find the Council was at fault in failing to respond to her stage 1 stage 2 complaints within its published timescales. I have completed my investigation on the basis that the Council has agreed to implement the recommended remedy for the injustice caused by this.

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Investigator's decision on behalf of the Ombudsman