Summary: Miss X complained the Council left her in temporary accommodation which is unsuitable due to damp and mould and poor communication from the Council. She said this has impacted the health of her children and her physical and mental health. There was fault in the way the Council placed Miss X and her family in a bed and breakfast for four months, kept her in unsuitable temporary accommodation for one year after she requested a review and poor communication. Miss X suffered frustration, distress and lived in unsuitable accommodation for one year. The Council has agreed to apologise to Miss X, make a financial payment and issue guidance to relevant staff.

The complaint

1. Miss X complained the Council left her in temporary accommodation which is unsuitable due to damp and mould and poor communication from the Council. She said this has impacted the health of her children and her physical and 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 a Council’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)
4. 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.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. I have exercised discretion to consider events in this case back to when Miss X was accepted as homeless in 2021. I reference events prior to this for context in this matter. Miss X moved into interim accommodation before moving into temporary accommodation. When Miss X saw the issues with her temporary accommodation develop, she complained to the Council.

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How I considered this complaint

7. I read Miss X’s complaint and spoke to her about it on the phone.
8. I considered information provided by Miss X and the Council.
9. 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

Background information

10. 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.
11. Someone is threatened with homelessness if, when asking for assistance from the council on or after 3 April 2018:

• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

12. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
13. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
14. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
15. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
16. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
17. If, having made inquiries, the council is not satisfied an applicant is homeless, eligible, and in priority need, it will have no further accommodation duty.
18. 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)
19. Homeless applicants may request a review within 21 days of being notified of the following decisions:
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.
20. The review must be carried out by someone who was not involved in the original decision and who is more senior to the original decision maker. The reviewing officer needs to consider any information relevant to the period before the decision was made (even if only obtained afterwards) as well as any new relevant information the council has obtained since the decision. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19)
21. 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 housing duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
22. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
23. Councils should avoid using bed and breakfast accommodation. It should only be used as a last resort in an emergency and then for the shortest time possible. (Homelessness Code of Guidance paragraph 17.24 and from 3 April 2018 17.30)
24. Bed and breakfast (B&B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and from 3 April 2018 Homelessness Code of Guidance paragraph 17.32)

What happened

25. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
26. Miss X left her private rental property due to its state of disrepair in December 2020. She moved into her mother’s home with her partner and young child.
27. Miss X and her family moved in with friends in April 2021 after her mother asked her to leave.
28. Miss X approached the Council in May 2021 as her friend asked her to leave. The Council accepted she was homeless and placed her and her family in interim accommodation in a bed and breakfast. The Council completed a personalised housing plan and confirmed by letter it was satisfied she was homeless, and the Council owed Miss X a duty to take reasonable steps to help her.
29. Miss X and her family moved into temporary accommodation in September 2021 after spending four months in bed and breakfast accommodation.
30. The Council wrote to Miss X in February 2022 to inform her its relief duty had come to an end. The Council confirmed it owed Miss X a main housing duty under section 193 of the Housing Act.
31. Miss X contacted the Council in April 2022 and May 2022 to raise concerns about the condition of the temporary accommodation, particularly damp and mould.
32. At the end of May 2022, Miss X requested the Council review the suitability of her temporary accommodation. The Council closed this request two days later. I have not seen evidence this was communicated to Miss X or a reason why.
33. Miss X had a second child and told the Council the property was too small for four people in August 2022. The Council requested further details. Miss X provided the details of her child and said the condition of the property was affecting her mental health. I have not seen evidence the Council responded to this communication.
34. Miss X contacted the Council again in September 2022 about a suitability review. She said she had contacted the landlord, but they had not rectified the issues with the property. I have not seen evidence the Council responded to this contact.
35. Miss X contacted the Council again in October 2022 about ongoing concerns about her home. At the end of October 2022, the Council completed a suitability assessment. The assessment does not say the property is suitable for Miss X and her family.
36. Miss X contacted the Council several times through October 2022 and November 2022 without response. Miss X provided the Council with a note from her doctor which set out her sons health conditions associated with damp and mould. The doctor stated the family needed relocating for health reasons.
37. Miss X complained in December 2022. She complained she was living in damp and mould temporary accommodation with her two children. She said she was told to contact the landlord, but they had not done anything.
38. Miss X contacted her member of parliament (MP) in December 2022. The MP contacted the Council. It then responded to Miss X and advised it had received her correspondence and would respond. Miss X provided further details about the issues with her temporary accommodation.
39. Miss X contacted the Council multiple times in December 2022 about issues with the property and concerns about unaffordable energy in the property. She said she could not afford to put the heating on in the property.
40. In January 2023, the Council issued its inspection report from the suitability assessment in October 2022. The report detailed damp and mould were present in the temporary accommodation and potential structural issues. The report does not give an assessment whether the property was suitable for Miss X or not.
41. The Council responded to the MP in the middle of January 2023. If advised the MP, Miss X would need to raise the issues with the private landlord. The Council advised the October 2022 assessment determined the property was not suitable for Miss X and her family.
42. The Council responded to Miss X’s complaint in February 2023. The Council advised Miss X can take steps to reduce the growth of mould. The Council confirmed the suitability review was completed but there was no update from the review.
43. Miss X requested the Council escalate her complaint to stage two. She said the Council completed the review in October 2022, but she had not heard anything. She said the property was not suitable and the Council had not responded to emails.
44. The Council sent the final complaint response at the end of February 2022. The Council said demand was greater than the number of homes available and suggested she continue to apply for properties. The Council apologised for the upset and distress. The Council sent a copy of the response to Miss X’s MP.
45. The MP challenged the response as it did mention the suitability of the temporary accommodation. The Council response went into more detail, but repeated accommodation was in short supply and demand was high.
46. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to admit it was wrong to leave her in unsuitable accommodation and move her to a different property.
47. Miss X moved to new temporary accommodation in May 2023.
48. In response to my enquiries the Council stated Miss X moved to a different property in May 2023. The Council did not say if the previous temporary accommodation was suitable.

My findings

Accommodation

49. The Council placed Miss X and her family in a bed and breakfast for four months in 2021. The Homelessness Code of Guidance specifies bed and breakfast accommodation can only be used as a last resort for people with family commitments, and then only for a maximum of six weeks. The Council was at fault for placing Miss X and her family in bed and breakfast accommodation for four months. Miss X suffered distress while in this accommodation.
50. Miss X raised concerns about the suitability of her accommodation. She requested a review in May 2022. The Council closed this request two days later. I have not seen any evidence it communicated this to Miss X or why it made this decision. Not communicating this to Miss X is fault and caused her distress and frustration.
51. In the Council’s response to the Ombudsman enquiries, the Council said it determined the request was out of time. After Miss X continued to approach the Council, it agreed to complete a review in October 2022, four months after Miss X’s request. This delay is fault and caused distress and uncertainty.
52. The Council’s review did not give an assessment or decision on the suitability of the accommodation. The document lists issues with the home and with Miss X and her family living there, but does not give any assessment or outcome. The outcome was not communicated with Miss X. This is fault and caused Miss X frustration.
53. The Council only communicated the temporary accommodation was not suitable in an email to Miss X’s MP in January 2023. The Council therefore accepted its temporary accommodation was not suitable from October 2022. Miss X continued to reside in the temporary accommodation until May 2023.
54. Miss X asked the Council for a review in May 2022. As the Council accepted the temporary accommodation was not suitable from October 2022, it is reasonable to say, on the balance of probabilities, it was not suitable from May 2022. This is fault and the Council placed Miss X in unsuitable temporary accommodation from May 2022 until May 2023.
55. The Council has stated Miss X contributed to the condition of the property. Miss X raised the issues regarding the cost of the energy for the property with the Council. The suitability of the temporary accommodation includes the cost of running the property. Miss X was clearly saying she could not afford the cost associated with the home. The Council did not assess if the cost of running the property was affordable to Miss X after she raised concerns regarding energy cost. This is fault and contributed to Miss X’s frustration.
56. When the Ombudsman informed the Council, it was investigating Miss X’s complaint, an internal Council email requested new temporary accommodation was found as soon as possible. Miss X moved eight days later. Miss X should not have to approach the Ombudsman for the Council to act on information it had for months. This is fault and delayed Miss X moving and caused her frustration.

Communication

57. I have seen several emails from Miss X to the Council that were not responded to. Miss X requested several times for the Council to respond to specific questions, which it did not. This is fault and caused Miss X frustration.
58. The Council did not respond fully to Miss X’s complaint. It only responded after Miss X contacted her MP, who challenged the Council. Miss X should not have to request her MP’s involvement to get a full response to her complaint. This is fault and caused Miss X frustration.
59. The Council regularly directed Miss X to the private landlord it sourced her temporary accommodation from without considering the issue she was raising. The Council is responsible for ensuring the placement remains suitable. Miss X regularly reported she had told the landlord, who had not resolved the issues. The Council should not have automatically directed her to the landlord, it should have considered the issue and how best to act. This caused further frustration for Miss X.

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Agreed action

60. To remedy the outstanding injustice caused to Miss X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Miss X for keeping her and her family in unsuitable temporary accommodation for one year, placing them in bed and breakfast for four months and for poor communication. This apology should be in accordance with the Ombudsman’s new guidance Making an effective apology.
• Pay Miss X £300 as an acknowledgement of the frustration and distress she has experienced in this case.
• Pay Miss X £1,000 for placing Miss X and her family in bed and breakfast for four months, 10 weeks more than the guidance, a maximum of six weeks.
• Pay Miss X £3,000 for keeping her in unsuitable temporary accommodation for 12 months.
• I would generally make a service improvement recommendation. The Ombudsman has already made service improvement recommendations on the issues raised in this matter, in other cases. We are actively monitoring the Council’s actions.
61. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

62. I have completed my investigation. I have found fault by the Council, which caused injustice to Miss X.

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Investigator's decision on behalf of the Ombudsman