Summary: The Council was at fault for failing to respond to Ms Y’s requests for reviews of the suitability of her temporary accommodation in 2019, 2020, and 2021. The Council has agreed to apologise and make a payment to Ms Y to remedy the injustice caused.

The complaint

1. Mr X complained on behalf of his sister, Ms Y that the Council failed to review the suitability of Ms Y’s temporary accommodation in 2019, 2020, and 2021 despite her repeated requests.
2. As a result, Ms Y lived in unsuitable accommodation and experienced avoidable distress and uncertainty.

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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 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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How I considered this complaint

6. I considered the complaint and the information Mr X and the Council provided.
7. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
8. Mr X and the organisation 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

Temporary accommodation

9. 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.
10. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main housing duty.
11. 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.  (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
12. Councils must assess whether accommodation is suitable for each household individually. Whether accommodation is suitable will depend on the relevant needs, requirements and circumstances of the homeless person and their household. (Homelessness Code of Guidance 17.4 & 17.9)
13. The duty to provide suitable accommodation is immediate, non-deferable, and unqualified. (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601)
14. Certain decisions councils make about homelessness carry a statutory right of review. The review decision then carries a right of appeal to court on a point of law. Homeless applicants have a right to review the suitability of temporary accommodation provided under the main homelessness duty. (Housing Act 1996, s202)
15. Homeless applicants must request a review within 21 days of the decision. However, applicants can ask a council to reconsider its decision about the suitability of temporary accommodation at any time. This might be necessary, for example, if there is a change in the applicant’s circumstances. This new decision is open to review under s202, with a new 21-day timescale. R(B) v Redbridge LBC [2019] EWHC 250 (Admin)

What happened

16. Ms Y was homeless. The Council provided her with temporary accommodation to meet its main housing duty.
17. In August 2019, Ms Y emailed the Council. She asked for a review of the suitability of her accommodation. She said the condition of the property was poor and her current pregnancy made access difficult without a lift. The Council did not respond to this email.
18. In June 2020, Ms Y wrote to the Council again to ask for a review of the temporary accommodation. The Council did not respond to this email.
19. In December 2020, Ms Y emailed the Council to ask for an update on her housing case. She also asked for a review of the suitability of her temporary accommodation. The Council did not respond to this email.
20. Ms Y moved to different temporary accommodation in 2021. In September 2021, Ms Y asked the Council to review the suitability of the accommodation. The Council did not respond to this email.
21. In October 2021, Ms Y told the Council about a change in her circumstances as she now had another child. She asked the Council to review the suitability of her accommodation. She also asked to make a formal complaint about the Council’s lack of response to her emails. The Council did not respond to this email.
22. Ms Y moved into a private tenancy in March 2022.

My findings

23. We cannot investigate late complaints unless we decide there is a good reason the complainant could not complain to us sooner. This complaint concerns matters from 2019 to 2021. The complaint is therefore late. However, I consider there were good reasons Ms Y could not bring her complaint sooner. English is not her first language, and she finds it easier to communicate in person. The period complained about includes the COVID-19 pandemic when the Council’s offices were closed. Ms Y experienced two pregnancies in the same period and had health complications with both. She relies on Mr X for help to communicate in writing. The COVID-19 pandemic and Mr X’s own health affected his ability to support Ms Y at the time. In the circumstances, therefore, I have exercised discretion to investigate this late complaint.
24. Ms Y asked the Council on five separate occasions between 2019 and 2021 for a review of the suitability of her temporary accommodation. The Council failed to respond to any of these requests. This was fault. The Council’s failure to acknowledge or respond to her emails caused her avoidable frustration and distress at an already difficult time. This is an injustice to Ms Y.
25. Ms Y says the property she lived in in 2019 and 2020 was unsuitable due to its poor condition, location, and the difficulties she had with access while pregnant. The Council has a duty to keep the suitability of temporary accommodation under review. Its failure to do so was fault. I cannot say, even on balance, what the Council would have decided had it considered the suitability of this accommodation. Ms Y must live with this uncertainty, which is an injustice. The Council’s fault also denied Ms Y her statutory right of review and appeal. This is an injustice to Ms Y.
26. In October 2021, Ms Y told the Council about a change in her circumstances. She now had a second child and so was overcrowded with four people living in a one-bedroom property. She also reported significant disrepair and lack of heating. The Council should have reviewed the suitability of the accommodation when Ms Y reported the change in her circumstances. Failure to do so was fault.
27. On balance, had it properly considered the suitability of this accommodation, the Council would have decided it was unsuitable. Ms Y therefore lived in unsuitable temporary accommodation from October 2021 until she moved in March 2022. This is an injustice to Ms Y. The Council’s fault also denied Ms Y her statutory right of review and appeal. This is a further injustice to Ms Y.
28. Ms Y’s email in October also asked to make a formal complaint about the Council’s poor communication with her. The Council failed to identify or respond to this complaint. This was fault. It caused Ms Y avoidable distress, which is an injustice.

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Agreed action

29. To remedy the injustice to Ms Y from the faults I have identified, the Council has agreed to:
• Apologise to Ms Y in line with our guidance on Making an effective apology
• Pay Ms Y £300 in recognition of her avoidable distress, uncertainty, and missed review rights.
• Pay Ms Y £900, being £150 for each month she spent in unsuitable temporary accommodation between October 2021 and March 2022.
30. The Council should take this action within four weeks of my final decision.

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Final decision

31. I have completed my investigation. There was fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman