London Borough of Ealing (23 012 251)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council placing Miss X in unsuitable bed and breakfast temporary accommodation. This is because the has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
- Miss X complains the Council placed her in unsuitable temporary accommodation. She says she was placed in bed and breakfast (B&B) accommodation that had shared facilities, even though she was pregnant and had a young child with additional needs.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we were to investigate, it is likely we would find fault causing Miss X injustice. This is because the Homelessness (Suitability of Accommodation) Order 2003 says B&B accommodation is not suitable for households that includes a dependent child or pregnant woman.
- In this case, Miss X both cares for a young child and is pregnant. The Council should not have used B&B accommodation for Miss X for longer than six weeks.
- In response to our enquiries, the Council confirmed Miss X was in B&B accommodation from July until November 2023, a total of 19 weeks. Therefore, she was in unsuitable accommodation for 13 weeks over the six-week maximum period allowed.
- We therefore asked the Council to consider remedying the injustice caused by the likely fault by making a financial payment of £200 per week, for each week Miss X stayed in B&B accommodation beyond the six-week maximum. A total of £2600.
Agreed action
- To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman