Summary: Miss X complained about the Council’s handling of her homelessness application and the temporary accommodation it put her in. There are parts of the complaint we have not investigated because too much time has passed. We find the Council at fault for not completing repair work to Miss X’s property, which left her with water and sewage problems. The Council has agreed to follow up on the remedies it has offered as they are satisfactory to remedy any injustice caused.

The complaint

1. Miss X complained about the Council’s handling of her homelessness application. Specifically, Miss X complained:
1. about the Council’s general treatment of her when she approached it for help with housing in June 2020;
2. the Council took too long to accept the main housing duty;
3. the Council placed her in various unsuitable temporary accommodation properties; and
4. the remedies offered to her by the Council have not been explained.
2. Miss X said this impacted her physical and mental health.

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The Ombudsman’s role and powers

3. 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)
4. 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) 
5. 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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What I have and have not investigated

6. I have not investigated part a), part b), or complaints about properties mentioned in part c) of Miss X’s complaint, where she was staying prior to October 2022. This is because Miss X was aware of these issues for more than 12 months before she complained to us. These are therefore late complaints and there are no good reasons to investigate them now. Miss X also had statutory s202 appeal rights for any temporary accommodation she was in after July 2021. It is reasonable to expect her to have used this.

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How I considered this complaint

7. I spoke with Miss X and considered the information she provided.
8. Written enquiries of the Council were made. I considered its response along with relevant law and guidance.
9. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.  
10. 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

Homelessness law and guidance

11. 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.
12. 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)
13. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
14. 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)

Events before Miss X’s 2023 complaint

15. In June 2020, Miss X applied for homelessness support. The Council provided her with interim accommodation.
16. In November 2020, the Council assessed Miss X and accepted the relief duty.
17. In July 2021, the Council accepted the main housing duty, telling Miss X in writing and advising her of her review rights. Miss X remained in the same property, but it was now provided as temporary accommodation.

Miss X’s 2023 complaint

18. In March 2023, Miss X asked the Council for an immediate move due to a flood in the property.
19. In May 2023, Miss X made a complaint to the Council about the suitability of her previous temporary accommodation. She said her living conditions were made worse by flooding, and she also complained about her items being water damaged.
20. In June 2023, the Council contacted Miss X to discuss her complaint. It referred her concerns about the previous temporary accommodation to the Property Management Team for investigation. During the call, Miss X told the Council there was no hot water when she arrived at her current temporary accommodation placement but had no further issues to report. She expressed concern about some behaviour and activities taking place by other residents, which she did not want escalating. However, the Council advised it would ask the accommodation provider to monitor the situation.
21. Later in June 2023, Miss X sent the Council a list of water damaged items from the previous property and asked for compensation. She also said she felt unsafe at her current property but did not want to move.
22. In July 2023, Miss X escalated her complaint because her issues with the previous property were not resolved. She also said the situation at the current property had got worse, a safeguarding concern had been raised, and she wanted an urgent move. The Council offered her self-contained accommodation and a temporary move while waiting for it to become available.
23. In August 2023, the Council upheld Miss X’s complaint. It agreed repairs were not done, and the managing agent did not take appropriate action, which left her with water and sewage problems. It asked Miss X to send in further information about her request for compensation.
24. Miss X raised another complaint about the delay in accepting the main housing duty in 2021, poor communication, and other placements in unsuitable temporary accommodation in the previous three years. She also said she had already sent a list of damaged items.
25. In October 2023, the Council provided a final complaint response. It said it had passed details about compensation to an officer who would be in touch with Miss X. It accepted there was delay in dealing with her application and explained why. The Council offered Miss X £750 as a remedy to her complaint and backdated her acceptance onto the housing register to January 2021.

My findings

26. When Miss X told the Council about the flooding in her property, it moved her. The Council later upheld her complaint about the unsuitability of the property. It agreed repairs were not done and Miss X experienced water and sewage problems in the property that remained for longer because the appropriate action was not taken. The Council told Miss X it has learnt from the situation and offered to consider compensation for the items damaged.
27. The Council was not at fault. When it knew about the issues, it acted, moved Miss X, and has taken steps to learn from the incident. The Council also offered Miss X £750 which it since explained is for inconvenience of the delayed application. I am satisfied the financial remedy is also appropriate to cover the injustice of staying in the property whilst it was unsuitable, and therefore make no further recommendations.
28. Initially, when Miss X told the Council she felt unsafe in the next property, she didn’t want to move. Nine days later, she told the Council a safeguarding concern had been raised and she was looking for help with an urgent move. The Council offered her self-contained accommodation and moved her temporarily while waiting for it to become available. When Miss X decided she wanted to move, the Council supported her.
29. In the final complaint response, the Council said it would backdate Miss X’s acceptance onto the housing register to January 2021. The Council has since explained it has calculated this date as 56 days after it accepted relief duty, which is when it should have decided whether it owed her the main housing duty. The Council has also provided evidence to show Miss X did not miss out on any offers of accommodation due to this delay. There is no outstanding injustice to Miss X.

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Agreed action

30. To remedy the injustice to Miss X from the faults the Council has accepted, within one month of the date of my final decision, the Council has agreed to:
1. pay Miss X its proposed remedy of £750; and
2. follow up on its offer to consider Miss X’s request for payments for the water damaged items. It should clearly explain to her in writing its decision on what it will make a payment for and why.
31. The Council should provide us with evidence it has complied with the above actions.

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Final decision

32. I have completed my investigation and uphold part (d) of the complaint. The Council has agreed to the above action as a suitable way of remedying the injustice.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman