Summary: Miss X complains she has had to deal with constant disrepair in her temporary accommodation. We find fault with the Council for failing to carry out repairs and deal with the various infestations in a timely manner. We have agreed a financial remedy for Miss X for the inconvenience and distress caused.

The complaint

1. Miss X complains she has had to deal with fleas, cockroaches and mice in her temporary accommodation provided by the Council, and the flat is always in disrepair.

2. She has been in temporary accommodation for 10 months which she says is far away from her daughter’s school and her support network.

3. This has caused distress to Miss X who is missing her local support network, and the inconvenience of dealing with the various infestations and disrepair in her home.

4. Miss X would like the Council to house her back in the home where she grew up.

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The Ombudsman’s role and powers

5. 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)
6. When considering complaints, if there is a conflict of evidence, we make findings based on the balance of probabilities. This means that we will weigh up the available relevant evidence and base our findings on what we think was more likely to have happened.
7. 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

8. I reviewed the information Miss X provided.
9. I made enquiries with the Council, considered its response and reviewed the relevant law.
10. Miss 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 law and guidance

Homelessness

11. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness. Part 7 of the Housing Act 1996 was amended by the Homelessness Reduction Act 2017 with effect from 3 April 2018. This changed the law on homelessness and introduced new duties on councils.
12. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to ensure that accommodation is available for them. This is the main housing duty.
13. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Councils must notify the applicant of the assessment (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
14. After completing inquiries, the council must give the applicant a decision in writing. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, from 3 April 2018 Homelessness Code of Guidance 18.32 and 18.33)

The relief duty

15. Where the person is actually homeless, the S188 relief duty may apply. This requires the council to take reasonable steps to help the applicant secure accommodation that will be available for at least six months.

Suitability of temporary accommodation

16. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main homelessness duty.
17. There is limited permanent accommodation available so people must wait, sometimes for years, for permanent housing. Therefore, while someone waits, they must be housed in suitable temporary accommodation. (s.193, Housing Act 1996)
18. 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.  (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
19. Councils must assess whether accommodation is suitable for each household individually. Whether accommodation is suitable will depend on the relevant needs and circumstances of the homeless person and their household. (Homelessness Code of Guidance 17.4 & 17.9)

What happened

20. Miss X and her daughter had been living with Miss X’s Father for four years in her family home. Her Father holds the tenancy.
21. She had to move out as it was dangerous for her and her daughter to stay. Her Father has since been admitted to hospital as he cannot look after himself, and Miss X would like to move back into this property.
22. Miss X presented as homeless in September 2021. The Council placed her in emergency temporary accommodation.
23. On 25 October the Council completed a Support Needs Assessment over the phone with Miss X, who then text the Council a list of her medical and mental health conditions.
24. On 11 November the Council sent Miss X a S188 accommodation letter giving her the offer of temporary accommodation (TA). She moved in the next day.
25. On 15 November Miss X emailed the Council to say there were fleas in the property and her daughter had bite marks.
26. The Council told pest control to remove the fleas.
27. On 22 November Miss X emailed the Council again saying she was not sleeping well as there were still fleas in the house. She said she does not have a key for the back door so it is always unlocked making her feel unsafe, and the boiler is leaking.
28. The Council gave Miss X an update from Social Housing on the same day, which said the engineer will come out today to look at the boiler, the locksmith will come today or tomorrow, and pest control said it can take two weeks for the fleas to go completely. They said if the fleas are not gone by next week they will go back.
29. On 26 November Miss X told the Council she was still having problems with her boiler.
30. The Council made a S184 “full duty decision” on 14 December which means the Council has a duty to accommodate Miss X until she gets social housing or a 12 month private tenancy.
31. This letter gave details of her right to review if she did not think the TA was suitable. The letter said the suitability review should be done within 21 days and the Council will respond within eight weeks.
32. The Council carried out an inspection on Miss X’s property in January 2022 but the property failed the inspection due to outstanding repair work. Miss X also reported fleas in the bedroom and the report suggested the carpets may be the cause and should be replaced.
33. The Council tried to contact Miss X in February but could not speak with her. It assigned a support worker on 22 February and a visit was arranged for 3 March but did not go ahead.
34. The support worker tried to contact Miss X a few times to rearrange the home visit which took place on 5 April. Miss X said her daughter had croup and she had found mice droppings in the house. The support worker told Miss X to speak to the housing provider to get rid of the mice.
35. There were no further calls to Miss X from the support worker until July. She was trying to arrange a visit with Miss X but could not get hold of her.
36. On 19 August Miss X made a complaint to the Council saying it had failed in its duty to her as it had not asked her about her mental health or personal circumstances. She is in accommodation three miles away from her daughters school which is affecting her depression and isolating her from her support network.
37. Miss X called the Council on 23 August upset as her property had cockroaches. She explained she had to get rid of fleas and mice. She said she has reported these issues previously, but nothing happens. The support worker said she would visit Miss X on 5 September.
38. The Council responded to Miss X’s complaint on 2 September. It gave the email address to request a review of suitability, and said her support worker will discuss her mental health at the next meeting on the 5 September.
39. The Council said when TA is allocated it can be anywhere in Greater Manchester. Miss X’s complaint was partially upheld because her assessment of needs and medical assessment were not completed in the April meeting with her support worker.
40. It also said the service is currently under transformation. Housing Management will complete several visits to the property ensuring the tenant understands their responsibilities. It will assign support workers on sign up of the property, supporting families intensively to give tenants a better understanding of the service and support moving forward.
41. At the visit on 5 September, the support worker contacted the landlord who was rude on the phone and hung up on her. Miss X said he was always rude. The support worker took photos of the damp and told Miss X she would get to the bottom of all the repairs.
42. Miss X made a stage two complaint on 20 September. She gave details of having to sort out the fleas, mice and cockroaches herself. She said the property also has damp which affects her daughters asthma, and her support worker has cancelled every visit. Her support worker did attend on 5 September but she still has not heard back about the repairs to her home.
43. The next visit was on 5 October to arrange repairs. Miss X showed her support worker the damp in both reception rooms, the leaking gutter, the front door allowing water in, the kitchen cupboards smelling of damp, and the smoke alarms which had expired in 2020. Miss X said she could not get hold of the housing provider and the landlord was rude. She has the receipts for getting rid of the fleas, she filled in the holes around the front door to stop cockroaches coming in, and she had to plaster around the pipe in the kitchen when she had mice.
44. The Council said her support worker would now see her every six weeks.
45. The support worker left a message for Miss X to contact her about her stage two complaint on 20 October, and went to visit her on 25 October but she was not in. On 26 October the Council said unless Miss X contacts it before 31 October it will gain access to her property by changing the locks.
46. On 31 October Miss X messaged the Council to say she had Covid and was isolating. The Council left a message saying Maintenance will visit on 7 November.
47. The Council responded to Miss X’s stage two complaint on 28 November. It said the property was inspected before she moved in. Miss X reported the fleas on 15 November 2021 and the flea treatment was carried out on 18 November. Miss X reported the fleas again on 22 November and was advised treatment can take six days. There were no further reports about fleas from Miss X to the Council and no complaints about mice.
48. The letter went on to say the support worker has not followed up after the visit on 5 September as she has been absent from work. The Team Leader arranged for another worker to do a follow up visit which took place on 5 October. The Team Leader will follow up the issues raised in this visit.
49. The Council partially upheld her complaint due to the support worker not following up after her visit on 5 September.
50. On 15 November a new support worker went to visit Miss X to introduce herself. The housing provider also sent someone to take photos and they went through all the issues Miss X complained about, including fleas, mice, disrepair, and the fire alarms which had expired in 2020.
51. The issues are still outstanding so Miss X brought her complaint to the Ombudsman. She says the Council have ignored her medical and mental health needs even though the Council web site says it provides a service to accommodate those with mental health needs.

Analysis

Housing

52. Although in hospital, Miss X’s Father remains the legal tenant of her old home and Miss X does not qualify to succeed the tenancy. The Council advised Miss X of this in November 2021. I cannot find fault with the Council as it is following its policies.

Support Worker

53. The Council did not assign a support worker until February 2022. Miss X sent the Council a list of her medical and mental health conditions in October 2021 so this delay is fault by the Council. The Council address this in the complaint correspondence to Miss X explaining the department is under transformation.
54. As noted in the Council’s complaint response, the support worker did not do the usual assessment of need and medical assessments, and did not discuss the housing register application in their first meeting.
55. This is fault for which the Council apologised, which we find a suitable remedy as there is limited injustice caused to Miss X as a result.
56. We note the Housing Department is currently under “transformation” so have not suggested any service improvements.

Suitability review

57. Miss X can seek a suitability review at any time, not just after 21 days as stated in the S184 letter. The Council gave her further details of this after she made her complaint. If she feels the TA is too far from her support network she can request a suitability review so this is out of our jurisdiction.

Infestations

58. In the complaint response the Council say there were no further reports of fleas after November 2021. However it is noted in the inspection report dated January 2022. The carpets were not changed as advised, and this is fault.
59. Miss X had also told her support worker about the mice so the Council did have knowledge of this.
60. We acknowledge that Miss X did all that she could to stop and get rid of the various infestations to her home, causing her inconvenience.

Disrepair

61. In our enquiries to the Council, it provided the inspection reports carried out before Miss X moved in and from January 2022. In both reports it says the fire alarms were checked and working. Miss X says the fire alarms expired in 2020. They may still work but it is recommended they are replaced every ten years so they remain effective. This is fault by the Council as the alarms should have been changed before she moved in.
62. After the January inspection the landlord confirmed a contractor was booked in to do the repairs on 21 February. There are delays following Miss X’s complaint due to Miss X having Covid, and the support worker not following up her visit with Miss X due to absence from work. This is still fault by the Council as Miss X should have been kept informed even if her support worker was off work, and Miss X says the repair work is still outstanding.

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Agreed action

63. Within one month of the final decision the Council should:
• Write a personalised apology to Miss X for the faults identified above; and
• Pay Miss X £150 for the inconvenience and distress caused for failing to do the repairs and deal with the various infestations in a timely manner.
64. The Council should provide us with evidence it has complied with the above actions.

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Final decision

65. I find fault with the Council for failing to carry out repairs and deal with the various infestations in a timely manner. I have suggested a financial remedy for Miss X for the inconvenience and distress caused.

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Investigator's decision on behalf of the Ombudsman