Summary: There was fault by the Council. It has delayed issuing a decision after a request for a review of the suitability of temporary accommodation. Apologising, issuing the decision and making a payment remedies the injustice. The Council has agreed to make service improvement recommendations already on other complaints to the Ombudsman.

The complaint

1. The complainant, who I shall call Ms X, complains the Council has delayed carrying out a review of the suitability of temporary accommodation her family is in. Ms X explains that she is concerned the accommodation is unsuitable.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)

Back to top

How I considered this complaint

4. I read the papers put in by Ms X and discussed the complaint with her.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. Ms X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Homelessness

7. If a council is satisfied someone is eligible, homeless, in priority need and unintentionally homeless, it will owe them the main housing duty. (Housing Act 1996, section 193)
8. Under the main housing duty, housing authorities must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Homelessness Code of Guidance 17)
9. Applicants can ask a council to review its decision that the accommodation offered is suitable. Reviews must be carried out within eight weeks. (Housing Act 1996, section 202 and Homelessness Code of Guidance 19.23)

Key facts

10. Ms X asked the Council for a review of the suitability of her temporary accommodation on 8 February 2023.
11. The Council should have decided the review by 5 April 2023, after 8 weeks.
12. The Council has not made a decision on Ms X’s application for a review at the time of writing this report. It has written to Ms X several times saying that it is ‘minded to’ make a decision that her temporary accommodation is suitable.
13. There is fault by the Council, as it has delayed reviewing the suitability of her temporary accommodation. Without a final written decision, Ms X cannot pursue the matter in the courts.
14. To remedy the injustice, the Council should write to Ms X with its decision and apologise to her for the delay. I also consider the Council should make a symbolic payment of £250 towards the uncertainty it has caused Ms X.
15. I have considered whether to make service improvement recommendations but have decided not to as they have been made on other cases and so do not need to be repeated here. On case 22016386 the Council agreed to introduce a system to enable the Council to regularly check whether any reviews are not complete, and that it has issued decision letters. On case 23001070, the Council developed a temporary accommodation review case management tool for our staff. And, the Council was asked to provide an action plan detailing the action we are taking to reduce delays in carrying out reviews of homeless decisions.

Back to top

Agreed action

16. Within one month of the date of the decision on this complaint the Council should:
• Send Ms X a decision on its review of the suitability of her temporary accommodation. If the review decides the temporary accommodation is unsuitable, the Council should pay Ms X between £150 and £350 per month for the time spent in unsuitable accommodation. Our guidance on remedies gives more information on how this should be calculated.
• Apologise to Ms X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Ms X £250.
17. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

18. I have completed my investigation of this complaint. This complaint is upheld, as there has been fault by the Council. The actions specified above remedy the injustice to Ms X.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman