Summary: Miss X complained the Council failed to properly respond to reports of disrepair at her temporary accommodation. Miss X says she lived in unacceptable conditions with water leaks and no heating or hot water for longer than necessary. We have found fault by the Council but consider the agreed action of an apology, symbolic payment, property inspection and review of the oversight of repairs in temporary accommodation provides a suitable remedy.

The complaint

1. The complainant, Miss X complains the Council has failed to properly respond to reports of disrepair and lack of a working cooker and fridge at her temporary accommodation and her reports of dog fouling in the local area.
2. Miss X says because of the Council’s fault, she lived in unacceptable conditions with water leaks and no heating or hot water for longer than necessary. Miss X also says she suffered damage to her personal property and has incurred additional costs in trying to heat the property and fix issues.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. 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

7. I read the papers provided by Miss X and discussed the complaint with her. I have also considered information from the Council. I have explained my draft decision to Miss X and the Council and considered the comments received before reaching my final decision.

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What I found

8. The following is a summary of key events. It does not include everything that happened.
9. The Council has confirmed the temporary accommodation had completed the VOID process and was available to Miss X from 12 April 2003. Miss X says she moved into the property in May.
10. The Council has confirmed all its temporary accommodation properties provide a cooker and fridge. The Council has provided the records for the inspection ahead of the property being allocated to Miss X which show it had a cooker and fridge.
11. The first record of Miss X raising an issue about the cooker and fridge is an email dated 16 April 2024. This suggests the appliances may be faulty as she had been without them for a month. The Council has accepted it should have requested an inspection of the goods to ensure they were still in working order at this point but did not do so. This is fault.
12. The Council has also provided a copy of the repair records for the property.
13. Miss X’s local councillor reported she had no hot water in the property other than the shower and no heating towards the end of July 2023. The councillor chased an outcome with the Council at the end of September.
14. Miss X contacted her councillor in October to say she still had no heating or hot water and there were leaks at the property. The Council explained there had been access issues and a new part was needed but it was to book an appointment to resolve the issue and it would provide temporary electric heaters. Miss X declined the offer of heaters as these were too costly for her to use.
15. Miss X complained about the issue of dog fouling in the local area in April 2024. The Council responded in May and provided details of how to report dog fouling and that it aimed to respond within 48 hours of a report. I have seen no evidence of further reports from Miss X about this issue.
16. The Council has confirmed the weekly rent of £252.76 is currently being paid by housing benefit. There is also a weekly service charge of £23.54 for heating and hot water.
17. In its response to the Ombudsman the Council has accepted the repair records show Miss X has been without heating for a considerable period. The Council also accepted there were delays in completing follow up work after leak repairs. The Council further accepts that although there have been some recorded issues about access it cannot demonstrate it took all the necessary steps to complete the works required. This is fault.
18. I was also concerned to read that repair jobs had been closed by the contractor as Miss X had not allowed access. This is fault. Any issues regarding access for maintenance or repairs should be reported by the contractor to the Council for appropriate action. I am also concerned that Miss X continued to report issues at the end of October and November despite the contractor confirming to the Council the heating system was working.
19. During its consideration of her complaint, the Council offered Miss X £490 for the unnecessary delays due to confusion over ordering parts and administrative errors in updating or closing repair jobs. This included amounts for the loss of heating and hot water from the beginning of August to the end of October 2023 and the distress this had caused as well as an amount for Miss X’s time and trouble in making the complaint. In line with its policy, the Council put the £490 towards Miss X’s arrears.
20. The Ombudsman’s approach to symbolic financial payments such as for distress is that such payments should not be offset against any debts. This is to ensure any such payment can meaningfully remedy the injustice.
21. Although the Council’s actions above have provided a partial remedy for Miss X’s complaint, I consider a further remedy is required including an additional payment.

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Agreed action

22. The Council will take the following action to provide a suitable remedy for Miss X:
1. contact Miss X within one month of my final decision to arrange an agreed time to complete an inspection of the property by a suitably qualified Council officer to identify if there are any remaining issues with the heating and hot water system, water leaks and that the cooker and fridge are working;
2. the Council should ensure any necessary repairs are completed as appropriate and checked once completed by a suitably qualified council officer within six weeks of the outcome of the inspection;
3. review the service charge account for Miss X and remove any charges for heating and hot water for the period from the end of July 2023 to the end of October 2023 and refund any service payments received during this period (and any additional period if the inspection above identifies any ongoing issues with the heating and hot water);
4. make a symbolic payment to Miss X of £600 to acknowledge the avoidable distress caused by the fault identified in this statement which should not be offset against any outstanding debt within one month of my final decision;
5. issue guidance to its contractor(s) to ensure jobs are not closed because of access issues without escalating the matter to the Council for action within six weeks of my final decision; and
6. complete a review of its procedure for repairs in temporary accommodation within three months of my final decision to ensure it maintains proper oversight and can identify any ongoing issues.
23. 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.
24. The Council should provide us with evidence it has complied with the above actions.

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Final decision

25. I have completed my investigation as I have found fault by the Council but consider the agreed action above provides a suitable remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman