Summary: The Council was at fault for the delay in moving Ms X and her children to alternative suitable temporary accommodation. This caused injustice to Ms X as she has spent a significant period of time living in unsuitable accommodation. The Council has agreed to apologise to Ms X and make a payment to her for the time she spent in unsuitable accommodation.

The complaint

1. Ms X complains about the time her family has been left in unsuitable temporary accommodation by the Council.

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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. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
4. 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

5. As part of this investigation, I considered the information provided by Ms X. I discussed the complaint over the telephone with Ms X. I made enquiries with the Council and considered the information received in response. I sent a draft of this decision to Ms X and the Council and considered comments received in response.

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What I found

Law and guidance

6. If a council is satisfied an applicant is unintentionally 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 housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
7. 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 temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

What happened

8. There has been extensive correspondence between Ms X and the Council about her housing situation. In this section of the statement I have only summarised the key events and have not referred to every single contact and communication.
9. Ms X moved into her current property in August 2020. This was temporary accommodation provided by the Council after it owed her the main housing duty some years earlier. The property was a two bedroom flat. Ms X lived here with her two children. Her eldest child suffered with several medical conditions which caused him to have limited mobility and behavioural challenges.
10. In November 2021, the Council confirmed Ms X needed a three bedroom property, following a medical assessment. The Council decided Ms X’s eldest child needed their own room and could not share with her other child. The Council placed Ms X onto its temporary accommodation transfer list for a three bedroom property.
11. In December 2021, Ms X told the Council she was pregnant and would struggle to carry her two children up the stairs to access her property. In February 2022, Ms X reported that she was experiencing anti-social behaviour and sexual assaults from groups of people hanging around the estate and building she lived at. The Council made enquiries with the police and following this registered increased Ms X’s priority for a move.
12. In June 2022, Ms X gave birth to another child. At the end of June 2022, the Council offered Ms X alternative temporary accommodation, however the Council withdrew this offer as it was considered too far for her eldest child, who had special educational needs, to travel to their school.
13. The Council made Ms X another offer of temporary accommodation in July 2022. This offer was withdrawn as the landlord of the property could not make adaptations to the property which Ms X’s eldest child needed.
14. In early August 2022, the Council made Ms X a further offer of temporary accommodation. Again this offer was withdrawn by the Council as the property could not be adapted for Ms X’s eldest child. In late August 2022, the Council made a further offer of temporary accommodation to Ms X. When Ms X visited the property she said there was a collapsed ceiling and a leak. After she reported this to the Council the offer was withdrawn and the property returned to the voids team.
15. In November 2022, Ms X told the Council there was a leak at her property and parts of the property were covered in mould and damp. Following this the Council contacted the temporary accommodation provider about the concerns Ms X raised.
16. On 20 November 2022, Ms X made a formal complaint to the Council. Ms X complained the Council placed her into unsuitable temporary accommodation and has not moved her. Ms X said she had been suffering from harassment at the property and the Council had not offered her any suitable properties. Ms X said the properties offered either could not be adapted for her child’s needs or were in disrepair. Ms X also complained she had not been awarded a four bedroom need following the birth of her youngest child and the fact her eldest child needed a carer.
17. The Council responded to Ms X’s complaint on 5 December 2022. The Council said it awarded Ms X an extra bedroom need in November 2021 but this was because her eldest child needed their own bedroom not for a carer. The Council said it could have explained this in a clearer way to Ms X at the time. The Council asked Ms X to send it evidence her eldest child needed 24 hour care so it could consider this. The Council said it had not re-housed Ms X yet due to the lack of available properties.
18. Ms X asked the Council to consider her complaint at the next level on 6 December 2022. Ms X said she was unhappy the Council did not consider her request for an extra bedroom earlier. Ms X said she was only awarded this as her eldest child needed 24 hour care. Ms X said the offers of temporary accommodation the Council made to her were unsuitable.
19. Ms X also submitted a medical assessment form to the Council and asked it to consider providing her with an extra bedroom as her eldest child needed 24 hour care.
20. In January 2023, the Council made Ms X another offer of temporary accommodation, however this was withdrawn as it was located near to an area Ms X suffered a previous attack. The Council then offered to move Ms X into a hotel while repairs were carried out to her current temporary accommodation. Ms X refused this offer as she wanted to avoid having to move several times because of the impact of this on her eldest child with disabilities.
21. On 12 January 2023, the Council provided its final response to Ms X’s complaint. The Council said:
• It accepted Ms X needed a three bedroom property from November 2021 and placed her onto the temporary accommodation transfer list. The Council said it would contact her when a property became available.
• It could not award Ms X a four bedroom property as it did not have evidence her eldest child needed 24 hour care, however it has received a medical assessment form from Ms X about this and will consider her request.
• An inspection was carried out at Ms X’s property in December 2022 to investigate the source of the leak at her current property but the findings were inconclusive. The Council said it may take some time to repair the leak and could involve major works to discover the source of the leak.
• It partially upheld Ms X’s complaint as the leak had not been resolved and offered her £100 in recognition of this.
22. The Council made Ms X another offer of temporary accommodation on 13 January 2023. Again this had to be withdrawn as the owner of the property would not allow adaptations.
23. In February 2023, the Council made Ms X another offer of temporary accommodation. This was accommodation it owned. Ms X viewed the property but reported it was not ready to move into and needed adaptations. The Council sent an occupational therapist to view the property and they reported it was suitable for Ms X’s household with adaptations.
24. After further communication between Ms X and the Council, Ms X agreed to move into the property after works and adaptations had been made to it for her eldest child.
25. In late March 2023, the Council provided Ms X with a decision on her bedroom entitlement. The Council decided Ms X was not eligible for a four bedroom property. Ms X asked the Council to review this decision.
26. In late April 2023, Ms X moved into hotel accommodation for two weeks following consultation from Ms X’s temporary accommodation provider who said the leak could not be repaired with Ms X living at the property. Ms X also told the Council she would accept the offer of the latest temporary accommodation but also asked the Council to review its suitability.
27. In early May 2023, Ms X visited the temporary accommodation she had been offered in February 2023 and reported that the works the Council was due to carry out had not been completed yet. Following this, she emailed the Council with a list of reasons why she considered the latest offer of temporary accommodation unsuitable.
28. On 10 May 2023, the Council moved Ms X into further hotel accommodation. The Council also responded to Ms X’s concerns about the offer of temporary accommodation and acknowledged the property still had outstanding works and adaptations to complete.
29. In late May 2023, the offer of temporary accommodation was withdrawn after it came to light that someone who had abused Ms X in the past lived close by.
30. In June 2023, the Council made Ms X another offer of temporary accommodation, however this had to be withdrawn as the property could not be adapted. Ms X said the repairs to her current property have not been carried out. She reports she was unable to use some of the rooms at the property due to the leaks, mould and damp.
31. Following our draft decision on this complaint, the Council made Ms X an offer of permanent accommodation which she accepted. Ms X is due to move into this property later in September 2023.

Analysis

32. The Council accepted Ms X’s temporary accommodation was unsuitable for her household in November 2021. This was on the basis her eldest child who had disabilities needed their own bedroom. The Council did not however make Ms X any offers of alternative temporary accommodation until June 2022. It is not clear what the Council was doing at this point to source suitable temporary accommodation for Ms X’s household. This was fault.
33. The law says accommodation provided to homeless households must be suitable. From June 2022 until February 2023, the Council made Ms X six offers of temporary accommodation. While I recognise the Council made efforts to find Ms X suitable temporary accommodation, all of the offers it made were withdrawn as either there were repair issues, they could not be adapted for Ms X’s eldest child’s needs or they were in a location close to where Ms X suffered abuse in the past. This was service failure because, despite its efforts to find accommodation, the Council did not meet its statutory duty to secure suitable accommodation for Ms X.
34. Ms X accepted the property the Council offered her in February 2023, but did not agree it was suitable and requested a review of the suitability of this property. The property was not ready to move into as it required works and adaptations to be completed. It is not clear why it took so long for these works and adaptations to be completed. The property was offered to Ms X in February 2023 and an Occupational Therapist visited the property the same month to determine what needed to be carried out to make it suitable for Ms X’s eldest child. However by May 2023 the works and adaptations had not been completed and the property was eventually withdrawn. Following this, the Council made a further offer of temporary accommodation which again was withdrawn as it could not be adapted.
35. Ms X is in the current position of moving from hotel accommodation as she cannot return to her original temporary accommodation as repair works need to be completed. However she has been offered permanent accommodation from the Council which she accepted and is due to move into this property shortly.
36. The fact Ms X has lived in unsuitable accommodation since November 2021 is a significant injustice. Ms X also has a child with disabilities who needs their own room. Having to move from hotel to hotel accommodation has undoubtedly had a significant impact of the family. Our guidance on remedies recommends a payment of between £150 and £350 per month where someone has been deprived of suitable accommodation.
37. In this case, from November 2021 to March 2022 I consider a payment of £200 per month to be appropriate. This is based on the fact the Council decided Ms X’s property was unsuitable as her child needed their own room and had disabilities.
38. From April 2022 to November 2022, I consider a payment of £300 per month appropriate. This is because Ms X was awarded additional priority for a move in late March 2022 due to the harassment she was experiencing at and around her property.
39. From November 2022 to July 2023, I consider a payment of £350 per month appropriate. This is because as well as the above issues, Ms X reported repair issues with her property to the Council which could not be repaired with her living at the property.

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Agreed action

40. Within one month of my final decision, the Council agreed to carry out the following and provide evidence to the Ombudsman it has done so:
• Apologise to Ms X for the time she and her children have spent in unsuitable temporary accommodation.
• Pay Ms X £6,000 to recognise the impact that living in unsuitable temporary accommodation had on Ms X and her children.
41. The Council should provide us with evidence it has complied with the above actions.

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Final decision

42. I have completed my investigation and found the Council was at fault which caused Ms X injustice. The Council agreed to the above actions to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman