Summary: Miss X complained the Council failed to act on her reports that leaks, mould and damp in her temporary accommodation have made the property unsuitable for her and her family. We found fault by the Council in how it responded to Miss X’s concerns. The Council has agreed to review the suitability of Miss X’s temporary accommodation and apologise to her.

The complaint

1. Miss X complains the Council has failed to act on her reports that leaks, mould and damp in her temporary accommodation have made it unsuitable for her and her family. She says these matters are affecting the health of her family.

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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 significant injustice, or that could cause injustice to others in the future 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. As part of my investigation I:

• considered the complaint and discussed it with Miss X;
• made enquiries of the Council and considered its response;
• considered the relevant legislation and guidance; and
• set out my initial thoughts on the complaint in a draft decision and invited Miss X and the Council to comment.

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What I found

5. Temporary accommodation is provided to homeless applicants as part of a council’s main homelessness duty.
6. 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)
7. In determining whether accommodation is suitable for a person, the local housing authority must take into account the location of the accommodation and its physical condition (state of repair and safety of utilities). (Homelessness (Suitability of Accommodation (England)) Order 2012, sections 2 & 3)
8. Homeless applicants can ask for a review of the suitability of temporary accommodation provided once the council has accepted the main homelessness duty. (Housing Act 1996, section 202)
9. The duty to provide suitable accommodation is an ongoing duty. The council must keep the issue of suitability of accommodation under review. (Homelessness Code of Guidance paragraph 17.8)

What happened

10. In October 2021 the Council decided it owed Miss X, her partner and three children the main housing duty and it placed them in temporary accommodation. This was a two bedroom flat owned by a private landlord.
11. Later that month Miss X reported a leak in her children’s bedroom. Her landlord investigated and found the leak was coming from the flat above.
12. Miss X complained to the Council about the leak and damp in her children’s bedroom. She also said the property was too small. The Council reported the repair issues to her landlord and advised her about her housing options.
13. In December Miss X told the Council her children’s health was being negatively impacted by the condition of the property. The Council told Miss X to complete a medical form.
14. Also, in December works were completed to resolve the leak from the flat above Miss X’s home. The Council asked Miss X to confirm the works were successful but she said the leak only happened when it rained and so she was not sure if it was fixed.
15. In January 2023 the Council’s medical adviser considered Miss X’s medical form. It said damp and disrepair at her home should be repaired as soon as possible but there were not sufficient grounds to make an award of medical priority.
16. Meanwhile Miss X told the Council about mould in the living room, bedrooms and bathroom of her home. The Council referred her concerns to her landlord who completed works to address damage caused by the leak. It also gave Miss X advice on how to prevent mould in her home.
17. In February the Council visited Miss X’s home. It did not record any concerns about its condition. It reiterated advice to Miss X about how to prevent and treat mould by ventilating the property, using extractor fans and buying a dehumidifier.
18. In March Miss X told the Council the leak in her children’s bedroom had returned. The matter was referred to Miss X’s landlord and she was advised not to use the lights and sockets until an electrician inspected. The leak was rectified by early April.
19. In April Miss X sent the Council photographs of mould in her home and said the bathroom extractor fan was not working. The Council told her landlord.
20. In May the Council inspected Miss X’s home. It found a windowsill in the living room was very old and damaged and this was causing damp on the living room wall.
21. Following the visit Miss X’s landlord said he would install air vents at the property to help address the mould problem. Miss X said she did not want the works done.
22. In June Miss X put in a new medical form. The Council’s medical adviser considered it and found damp at the property may be having an impact on the health of Miss X and her family. It recommended repairs be completed as soon as possible, and an Environmental Services report be requested.
23. In July the Council asked Miss X’s landlord carry out a damp and mould survey. It also offered Miss X and her family emergency accommodation while the damp report was carried out, but she refused.
24. In August Miss X reported another leak in her children’s bedroom. The Council reported the leak to her landlord. It also offered Miss X and her family emergency accommodation which they refused.
25. In September Miss X’s landlord completed a damp and mould survey. It recommended installing passive vents in the outside walls or windows, a new extractor fan in the bathroom, a positive input ventilation device be fit in the living room and treatment for the mouldy walls.
26. In October Miss X reported a new leak in her children’s bedroom. The Council told Miss X’s landlord and it followed the matter up until an appointment was made with a roofer.
27. In November the roofer attended and following agreement with the owner of the above flat works to repair the roof were agreed.
28. Unhappy with the Council’s actions Miss X complained to the Ombudsman.
29. We made enquiries of the Council. In response it said:

• it had monitored the suitability of Miss X’s temporary accommodation;
• works to repair the roof took place in December and works to install air vents in the living room have also been completed.
• works to install trickle vents, repair the bathroom extractor fan and decorate the areas affected by the leak were ongoing.

30. Miss X contacted us in January 2024 to advise her home continues to be affected by mould and the condition of the property is deteriorating.

Finding

31. The Council has provided evidence to show that it has acted on Miss X’s reports of leaks, mould and damp at her home. It has demonstrated that it followed up each report made by Miss X with her landlord and sought to ensure that works were carried to address the reported problems.
32. However, the Council did not act on the recommendation of its medical adviser to get a report about the condition of Miss X’s home from its Environmental Services department. The report was sought to find out if the property was negatively impacting the health of Miss X and her family. The Council’s failure to get the report amounts to fault. I note the Council asked Miss X’s landlord to complete a damp and mould survey, but I do not consider this is a substitute for it conducting its own Environmental Services report to establish the condition of the property.
33. The Council must keep the issue of suitability of temporary accommodation under review. Miss X told the Council about her concerns about continuing leaks at her home and that mould and damp at the property were negatively impacting the health of her and her family. This amounts to a change of circumstances and the Council should have carried out a section 202 suitability review. I have seen no evidence that it did so. This is fault.
34. Also, I have seen no evidence the Council told Miss X she could request a section 202 suitability review even though she had raised concerns about the suitability of the property. This is fault.
35. I am aware the Council offered Miss X a move to emergency accommodation which she did not accept. While it is reassuring the Council made Miss X such an offer this does not mitigate the injustice caused by the fault I have found.

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Agreed action

36. To remedy the injustice caused by the fault I have found the Council should:
• carry out a section 202 suitability review to find out if Miss X’s accommodation is suitable for her and her family. It will begin the review within two weeks of my final decision and complete it within the statutory timescale. If the review finds that Miss X’s accommodation is unsuitable it should pay her £150 for each month her and her family were deprived of suitable accommodation and for each subsequent month she remains in her current temporary accommodation. It will provide a copy of the review to Miss X and the Ombudsman.
• Within in four weeks of my final decision the Council will obtain a report from its Environmental Services about the condition of Miss X’s temporary accommodation. It will also send Miss X a written apology for the fault we found.

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Final decision

37. I have completed my investigation and found fault by the Council causing injustice. The Council has agreed to take the actions above to remedy this injustice.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman