Summary: Miss X complains about the Council’s handling of her concerns about a leaking roof causing damp and mould in her temporary accommodation. The Council has already acknowledged some fault, apologised to Miss X, made service improvements and offered a symbolic payment. We have found additional fault with the Council’s record keeping. This has caused Miss X an injustice in the form of distress and uncertainty. The Council has agreed to pay Miss X £400 for the injustice caused.

The complaint

1. Miss X complains about the Council’s handling of her concerns about a leaking roof causing damp and mould in her temporary accommodation.
2. Miss X says living in the accommodation has caused her significant distress.

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What I have and have not investigated

3. I have investigated Miss X’s complaint about damp and mould in her current property. Miss X also complained about the Council’s role as a corporate parent and her previous experience as a care leaver. Miss X has raised a separate complaint to the Council about these issues and the Council will respond through its own complaint procedure in the first instance. I have therefore not investigated this part of Miss X’s complaint.

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The Ombudsman’s role and powers

4. 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)
5. 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)
6. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended
7. 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

8. I considered the information provided by Miss X and discussed the complaint with her. I made enquiries of the Council and considered its response.
9. Miss X and the Council had the opportunity to comment on my draft decision. I considered all comments received before making a final decision.

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What I found

Relevant legislation and guidance

Temporary accommodation

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) sets out councils’ powers and duties to people who are homeless or threatened with homelessness. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need, it has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)
11. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main homelessness duty.
12. 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)

What happened

13. This section sets out the key events in this case and is not intended to be a detailed chronology.
14. Miss X and her child have lived in their current temporary accommodation (Accommodation A) since March 2022.
15. Miss X contacted the Council in November and reported issues with damp and mould. The Council suspected a leaking roof was causing water to ingress into the accommodation. The Council asked its contractor to carry out repair works to resolve the issues. Repair works were completed in January 2023.
16. Miss X raised similar disrepair three months later. On 9 March, the Council offered Miss X alternative temporary accommodation (Accommodation B). Miss X told the Council that she wished to remain at Accommodation A.
17. On 30 March, the Council offered Miss X alternative temporary accommodation (Accommodation C). This was a private sector property. Three weeks later, the Council withdrew the offer as there was insufficient time left on the landlord’s lease that would allow Miss X to move into the accommodation.
18. Miss X complained to the Council about the damp and mould in April. She said the leak had got progressively worse and the stress was affecting her wellbeing and education. Miss X said the Council had offered her alternative accommodation but then said it was not available. Miss X asked the Council to find her suitable accommodation.
19. The Council responded to Miss X’s complaint in May. The Council apologised and explained why it had to withdraw the offer of Accommodation C. The Council said it was actively dealing with the disrepair issues and finding Miss X alternative temporary accommodation. Miss X remained unsatisfied and asked for her complaint to be considered under the Council’s corporate complaints procedure.
20. On 29 June, the Council offered Miss X alternative temporary accommodation (Accommodation D) that was undergoing repair works following the end of a previous tenancy. Once the works were completed, the Council arranged to meet Miss X at the property. Following the visit, Miss X refused the offer.
21. Miss X complained to the Council again in July. Relevant to this investigation, Miss X said the issues of damp and mould remained unresolved. Miss X explained she had refused Accommodation C due to concerns about the external environment and rat infestation. Miss X said Accommodation D was unsuitable. Miss X said the stress of relocating and her ‘battles’ with her complaints had caused her to fail her exams.
22. The Council responded to Miss X’s complaint at stage one of its complaint procedure. The Council said that it offered Miss X Accommodation C so that it could complete the repairs whilst her current accommodation was empty.
23. The Council acknowledged Miss X’s comments about Accommodation D but disagreed that it was unsuitable. The Council said it had cancelled the tenancy as a gesture of good will as it was clear that Miss X was not going to be happy there. The Council explained its contractors had been unable to gain access to Accommodation A to complete the repairs and required Miss X’s cooperation. The Council upheld Miss X’s complaint about ongoing disrepair issues and the offer of private accommodation being withdrawn.
24. Miss X remained unsatisfied and asked for her complaint to be escalated to stage two. The Council responded to Miss X’s complaint and confirmed that it had asked its contractor to carry out the necessary repairs. The Council provided details of attempts to carry out the repairs in June, July and August 2023. The Council said it had made every effort to gain access to Miss X’s accommodation to resolve the ongoing issues relating to the leak.
25. The Council acknowledged that it did not escalate Miss X’s first complaint through the corporate complaint procedure, and she had to raise a further complaint before a formal response by the Council was issued. The Council offered to pay Miss X £250 for the injustice caused.
26. In September, Miss X reported that the leaking roof was causing water to ingress into the living room.
27. In October, the Council carried out a visit to Accommodation A. Relevant to this investigation, the Council identified severe leak damage to the ceiling and wall in the living room and bedroom. The leak had been resolved but nothing had been done about the damage which Miss X reported was getting worse. The Council also reported mould damage in the kitchen and identified electrical issues caused by the leak. The Council decided that if the repairs were completed within a reasonable timescale, they could be carried out while Miss X remained in the property. The Council considered the property remained suitable for Miss X but acknowledged Miss X had lost faith in the suitability of the accommodation. The Council agreed to complete any outstanding works and continue looking for alternative temporary accommodation.
28. On 9 November, the Council offered Miss X alternative temporary accommodation (Accommodation E). This was in the same location as Miss X’s current accommodation but in a different block. Miss X said she was concerned she would face the same maintenance issues. The Council said there was no indication of maintenance issues in the block and the accommodation had a full history of repairs. The Council said it had also considered Miss X was in a final term of education and therefore a move within the same location would minimise disruption. Miss X declined the offer stating she had lost trust in the Council.
29. In November, Miss X told the Council the roof had started leaking again. The Council requested an inspection of the roof.
30. On 1 December, the Council offered Miss X alternative temporary accommodation (Accommodation F). Miss X said the accommodation was in an area that presented safeguarding risks. The Council explained the offer had been made in good faith and the accommodation could be accessed without walking through the area where Miss X had concerns. The Council asked Miss X to complete a refusal form. Miss X has not completed the refusal form. The Council has confirmed Accommodation F remains open to Miss X.
31. In response to our enquiries, the Council confirmed that electrical repairs were carried out in October and November 2023 and further repairs to the roof were completed in December 2023.

Analysis

32. In this case the contractor was providing a service on behalf of the Council. Therefore, the Council remains responsible for the actions of the contractor including any delays.
33. The Council does not dispute that Miss X’s property needed repairs. Miss X first told it about problems with the property in November 2022. In response to Miss X’s reports it asked its contractors to arrange repairs. When Miss X raised further concerns, the Council followed up these repairs with its contractor over the following months, but Miss X often cancelled or missed appointments with the repair staff which meant the repairs could not be completed in a timely manner.
34. I appreciate Miss X feels the Council has not done anything to resolve the problems and much of her concerns remained outstanding when she contacted the Ombudsman. I am satisfied the records show the Council took timely and reasonable steps to resolve Miss X’s concerns by contacting its contractor to carry out the repairs. I find no fault here. The Council said Miss X missed several appointments with the contractors, however, I have not seen any evidence of this. This is fault. I cannot say the repairs would have been completed sooner, but the lack of evidence showing attempts by the contractor to contact Miss X about the repairs or accessing the accommodation, has caused Miss X uncertainty about whether the repairs could have been completed sooner.
35. The Council has made four offers of alternative temporary accommodation to Miss X since March 2023. Initially Miss X told the Council she did not want to move and wished to remain at Accommodation A. However, when Miss X continued to raise concerns about the property the Council agreed to move Miss X and her child to alternative temporary accommodation whilst it carried out the repairs. The Council told Miss X that this was a gesture of good will on its part, as it considered Accommodation A was suitable for Miss X.
36. I note the inspection found the property to be habitable with no need to relocate Miss X because of damp and mould. The decision that it was reasonable for Miss X to live there, was for the Council to make.
37. I acknowledge Miss X’s concerns about the offers of alternative temporary accommodation made by the Council. It is clear Miss X disagrees with the decisions made by the Council here. However, the Council has explained that it considers the offers suitable. This is a decision the Council was entitled to make, and I find no fault here. It remained Miss X’s choice whether to accept the offers or not.
38. It is unfortunate the Council had to withdraw the offer of Accommodation C. Whilst this was outside of the Council’s control, it is clear the Council failed to complete detailed checks on the lease. The fault raised Miss X’s expectations about the move. The Council has already apologised to Miss X, and I consider this is an appropriate remedy. The Council’s complaint response also identified the need for service improvements and where an offer of private lease accommodation is made, it will ensure the lease is in date and long enough to make a reasonable available offer. I am satisfied this will prevent similar issues arising again.
39. In conclusion, I am not able to say that Miss X has been living in unsuitable accommodation or that the Council should have re-housed her. However, as explained in paragraph 34 above, she has been caused significant distress and uncertainty about what action, if any, the Council could have taken earlier to ensure the contractor carried out the repairs sooner.
40. The Council acknowledged that its stage one response did not address Miss X’s complaint about failing to escalate her initial complaint through its corporate complaint’s procedure. This was fault and caused Miss X frustration and time and trouble. The Council has apologised to Miss X and offered to pay her £250. In light of paragraph 39, I recommend this payment should be increased to £400.

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Agreed action

41. Within one month of my final decision the Council will pay Miss X £400 for the distress caused by the faults identified in this statement.
42. The Council should provide us with evidence it has complied with the above actions.

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Final decision

43. I have found fault by the Council causing an injustice to Miss X. I have completed my investigation on this basis.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman