Summary: We will not investigate this complaint about the Council placing Miss X in shared bed and breakfast accommodation for over six months. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains about being placed in shared bed and breakfast accommodation for over six months. She also complains the Council suspended her housing register application so she cannot bid for properties.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we were to investigate, it is likely we would find fault causing Miss X an injustice. This is because the Homelessness (Suitability of Accommodation) Order 2003 says B&B accommodation is not suitable for households with family commitments, this includes households with dependent children. Where no other accommodation is available, the authority may place a family in B&B accommodation as a last resort, but only for a maximum of six weeks.
6. The Council has accepted Miss X is in accommodation with shared facilities and has been since February 2023. To date, this means Miss X has been in B&B accommodation for 33 weeks. This is 27 weeks longer than the maximum allowed.
7. The Ombudsman’s guidance on remedies notes we will assess financial redress in these cases by reference to the number of weeks a family has stayed in B&B accommodation beyond the point where they should have been moved. We can recommend a weekly payment of between £100-200.
8. We therefore invited the Council to make a payment of £2700 to recognise the 27 weeks Miss X and her family has remained in B&B accommodation. The Council will continue to pay Miss X £100 for each week she continues to remain in B&B accommodation. This payment is to continue until she is moved.
9. In response to our invite to remedy, the Council confirmed it would move Miss X as soon as possible. It also provided information that Miss X was currently in rent arrears of £3235.51. The Council requested to use the recommended financial payment to offset the arrears. The Council said should further payments of £100 be needed, it will add this towards Miss X’s rent account to bring her arrears down. The Council confirmed that should it not be possible to move Miss X before the clearance of her arrears are made, it would continue to make the payment of £100 per week as directed.
10. The Ombudsman agrees to the above proposal.

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Agreed action

11. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks to put things right.
12. If Miss X remains in the B&B accommodation after her arrears are cleared, the Council will continue to make weekly payments of £100 until she is moved.

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Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman