Summary: Miss X complains about how the Council dealt with her and her partner’s homelessness application and about the Council placing them in unsuitable interim and temporary accommodation. The Council is at fault as it placed Miss X and Miss Y in unsuitable interim and temporary accommodation. The Council has agreed to remedy the injustice to Miss X and Miss Y by apologising and making symbolic payments to them.

The complaint

1. Miss X complains about how the Council dealt with her and her partner’s homelessness application. In particular, she complains that:

• An officer made homophobic remarks to her and wrongly refused to accept her and her partner’s homelessness application.
• The Council placed her and her partner in unsuitable interim accommodation, including at property B where other occupants were drug users.
• The Council placed her and her partner in unsuitable temporary accommodation at property C which is in an area where Miss X and her partner are at risk of domestic abuse. The property was also in disrepair and did not have heating and hot water when they were placed there.
• The Council’s communication with Miss X and her partner about their housing options and accommodation has been poor.

2. Miss X considers that as a result she and her partner have been caused significant distress. They were also caused financial loss in having to use electric heaters to heat property C while they did not have heating and hot water.

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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. 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.
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 have:

• Considered the complaint and the information provided by Miss X;
• Discussed the issues with Miss X;
• Made enquiries of the Council and considered the information provided;
• Invited Miss X and the Council to comment on the draft decision. I considered the comments received before making a final decision.

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What I found

Law and guidance

7. Councils must provide to anyone in their district information and advice free of charge on:

• preventing homelessness;
• securing accommodation when homeless;
• the rights of people who are homeless or threatened with homelessness;
• the duties of the authority;
• any help that is available from the authority or anyone else, for people in the council’s district who are homeless or may become homeless (whether or not they are threatened with homelessness); and
• how to access that help.

8. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
9. 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)
10. 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)
11. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601)
12. Homeless applicants may request a review within 21 days of being notified of certain decisions. This includes the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

What happened

13. The following is a summary of the facts relevant to my consideration of the complaint. It does not include everything that happened.
14. In January 2022, Miss X made a homelessness application as she and her partner, Miss Y, were fleeing domestic abuse. The Council carried out a homelessness assessment and accepted the relief duty. It did not offer interim accommodation. Miss X has said the officer conducting the assessment made homophobic remarks in the homelessness assessment.
15. An organisation supporting Miss X and Miss Y raised concerns about the Council’s consideration of the homelessness application. These concerns included that the Council had not offered interim accommodation.
16. The Council referred Miss X and Miss Y for interim accommodation in February 2022. The referral noted Miss Y has Autism Spectrum Condition (ASC), ADHD and medical conditions which made sharing bathroom facilities difficult. The Council placed Miss X and Miss Y in bed and breakfast (B and B) accommodation.
17. Miss X raised concerns with the Council about the suitability of the B and B accommodation a few weeks later. She said the lack of cooking facilities meant she and Miss Y could not make meals to accommodate Miss Y’s dietary needs. This was also causing them to be in debt as they had to eat out. Miss X also said the accommodation was affecting Miss Y’s mental health due to frequent room moves. The Council advised Miss X that they could be in the B and B accommodation for some time until it found self-contained accommodation.
18. In late April 2022, the Council offered self-contained accommodation to Miss X and Miss Y. I shall refer to this as property B.
19. The Council accepted the main housing duty in late June 2022 and notified Miss X and Miss Y of their right to seek a review of the suitability of their temporary accommodation. Miss X made a complaint to the Council as she considered property B was unsuitable for her and Miss Y’s needs. She also provided evidence to show the accommodation had a significant impact on Miss Y’s mental health. The Council advised Miss X on how to submit a request for a review of the suitability.
20. Miss X made a further complaint in August 2022 as she considered the Council had not dealt with medical evidence to show the property B was unsuitable for Miss Y. The Council completed a suitability review of property B. It concluded Miss X and Miss Y’s room was unsuitable as it was too small for two people.
21. The Council offered property C to Miss X and Miss Y in mid December 2022 which was a self-contained flat. The Council notified Miss X and Miss Y of their right to seek a review of the suitability of this accommodation. Miss X and Miss Y have provided evidence to show they requested a review of the suitability of property C as they considered it to be in a risk area. Miss X and Miss Y have said the Council did not respond to their review request.
22. The Council’s records show it inspected property C before it was let to Miss X and Miss Y. It considered the property to be of a lettable condition. Miss X and Miss Y raised a number of concerns about disrepair in the property to the Council. This included that the boiler was not working when they moved in. The Council’s records show it carried out a number of repairs at the property. The Council’s records show it repaired the boiler approximately eight days after Miss X and Miss Y reported it. Miss X and Miss Y have said the Council took 16 days to repair it. They have also said the thermostat did not switch off so they incurred additional heating costs.
23. Miss X and Miss Y made a further complaint to the Council. In the complaint they raised that an officer had made homophobic remarks and the interim and temporary accommodation allocated to them was unsuitable. They also complained about disrepair in properties B and C. The Council considered the complaint through its two-stage procedure. It apologised for the inappropriate comments made by the officer and advised they no longer work in the homelessness team. The Council said it had also carried out a suitability assessment and noted Miss X and Miss Y’s risk areas which included the area where property C was located.
24. The Council offered Miss X and Miss Y a payment of £800 which included a payment of £100 for not resolving issues at stage one of the complaints procedure, £100 for distress and £600 for being in unsuitable B and B accommodation for over six weeks.
25. The Council also said it would arrange removals for Miss X and Miss Y when required.
26. In its response to the complaint the Council said that Miss X and Miss Y had not made an application to the housing register. It explained how they could do so.
27. In response to my enquiries the Council said:

• It did not routinely provide information on how to apply for the housing register at the time Miss X and Miss Y made their homelessness applications. The Council has reviewed its approach and it now advises applicants about the housing register.
• It appreciates the B and B accommodation was not ideal for Miss X and Miss Y but it was the only accommodation available at the time.
• It does not carry out suitability assessments for emergency (interim) accommodation and relies on the instructions provided on the referral form.
• It arranged an inspection of property C in response to Miss X’s complaint and carried out a schedule of works to her satisfaction.
• It should have prioritised Miss X and Miss Y for a transfer to alternative suitable temporary accommodation at the conclusion of the suitability assessment.
• It will increase the offered remedy for distress to £500 in total.

Analysis

Officer making homophobic remarks and refusal to accept homelessness application.

28. The evidence shows the Council accepted Miss X’s homelessness application when she first made it and accepted the relief duty. I therefore cannot conclude the Council refused to accept a homelessness application from Miss X. However, the Council is at fault as it did not offer interim accommodation to Miss X and Miss Y when Miss X first made the application. Miss X informed the Council that they were fleeing domestic abuse. So the Council had reason to believe Miss X and Miss Y were homeless and in priority need. It therefore should have offered interim accommodation to them.
29. As a result, Miss X and Miss Y had to live in accommodation where they were at risk of domestic abuse for approximately a week longer than necessary. However, the Council remedied the injustice to Miss X and Miss X by quickly offering interim accommodation when their concerns were raised.
30. The Council acknowledged the officer’s remarks in the homelessness assessment were inappropriate and it has apologised. This is a sufficient and proportionate remedy for the distress caused to Miss X and Miss Y.

Suitability of the interim and temporary accommodation offered to Miss X and Miss Y.

31. Councils have a duty to provide suitable interim and temporary accommodation. On balance, I consider the Council did not meet this duty. I explain my reasons below.
32. The Council cannot demonstrate why the B and B accommodation was suitable for Miss X and Miss Y’s needs. In particular, there is no evidence to show the Council considered whether the accommodation would be suitable for Miss Y as she has ASC and ADHD. This is fault.
33. I am mindful of the Council’s position that it had no other accommodation available. But there is no evidence to show it reviewed the placement and considered moving Miss X and Miss Y to more suitable accommodation. There is no evidence to show it considered the suitability of the B and B accommodation when Miss X and Miss Y raised their concerns. This is fault.
34. The Council offered a remedy for the time Miss X and Miss Y spent in the B and B accommodation as they had been in unsuitable accommodation for over six weeks. The restriction on how long an applicant can be in B and B accommodation did not apply to Miss X and Miss Y as they do not have dependent children. But this suggests the Council considered the B and B accommodation to be unsuitable for Miss X and Miss Y’s needs when they were placed there.
35. The Council considered property B to be unsuitable for Miss X and Miss Y as it was too small to accommodate two people. The property was therefore unsuitable when the Council placed Miss X and Miss Y in April 2022. This is fault. As a result, they lived in cramped conditions for eight months which caused significant distress to them.
36. There is no evidence to show the Council considered Miss X and Miss Y’s request for a review of the suitability of property C. This is fault. The Council found property C to be unsuitable in June 2023 due to the risk of domestic abuse. It is therefore likely the Council would have found the property to be unsuitable had it dealt with the review request.
37. The Council found property C to be unsuitable in June 2023. Its duty to provide suitable temporary accommodation is immediate so it is at fault for the delay in moving Miss X and Miss Y following the suitability assessment. As a result, Miss X and Miss Y lived in unsuitable accommodation with the threat of domestic abuse for 17 months longer than necessary.
38. The evidence shows the Council carried out the repairs at property C. Miss X and Miss Y have said some issues such as mould have arisen again. But this is not evidence to show the Council did not carry out the works.
39. However, it is not clear why the Council did not establish the boiler was not working before the property was let to Miss X and Miss Y. This indicates the Council’s inspection to determine if it was ready to let was inadequate and this is fault. Miss X and Miss Y were without heating and hot water for a period of time. There is a conflict of evidence regarding how long Miss X and Miss Y were without heating and hot water. Miss X and Miss Y have also said their costs were increased faulty thermostat. I do not consider it is proportionate to investigate these matters any further. Miss X and Miss Y have not provided evidence of their increased costs. Furthermore, I do not consider further investigation will establish, even on balance, if the costs were as a result of fault by the Council.

Communication

40. The Council is at fault for not providing information to Miss X and Miss Y on how they could apply for the housing register when they first made their homelessness applications. Councils have a duty to provide advice and information on how to secure housing and the help available. So, the Council should have provided information about the housing register. But, on balance, I cannot say the fault by the Council denied Miss X and the Miss Y the opportunity to apply for the housing register. The Council later advised Miss X on how to apply for the housing register in response to her complaint and I understand she has not yet completed an application.

Remedy

41. The Council has offered a remedy of £600 to acknowledge Miss X and Miss Y were in unsuitable interim accommodation for longer than six weeks. It has also offered a total payment of £500 for distress. I welcome the Council’s offer of a remedy but I consider it is appropriate to recommend a different remedy in line with our guidance on remedies.
42. Miss X and Miss Y were in unsuitable B and B accommodation and without kitchen facilities for a period of 10 weeks. Our guidance on remedies recommends a weekly payment in the range of £100 to £200 per week for every week an applicant is in unsuitable B and B accommodation. I consider a symbolic payment of £100 per week for 10 weeks is proportionate to acknowledge the distress caused to Miss X and Miss Y and the increased costs caused by a lack of kitchen facilities.
43. Our guidance on remedies recommends a monthly payment in the range of £150 to £350 per month when applicants are placed in unsuitable accommodation. The Council should make a payment of £200 per month for eight months to acknowledge the distress caused to Miss X and Miss Y by living in cramped conditions at property B. I consider the payment of £200 is appropriate as there is evidence to show Miss Y was caused significant distress by the living conditions. The Council should also make a payment of £150 per month for the 17 months Miss X and Miss Y spent living with the risk of domestic abuse at property C. The Council should also make a payment of £150 per month for every further month it does not offer suitable temporary accommodation to Miss X and Miss Y from June 2024.
44. The Council has said it will consider the additional costs incurred by Miss X and Miss Y in heating property C while the boiler was not working. As stated above, I do not consider further investigation will establish the costs. It is therefore appropriate for the Council to make a symbolic payment of £150 to acknowledge the distress caused to Miss X and Miss Y by having no heating and hot water when they moved into the property.

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Agreed action

45. That the Council will:
1. Send a written apology to Miss X and Miss Y to acknowledge the distress caused to them by placing them in unsuitable interim and temporary accommodation and by letting property C to them which did not have heating and hot water. 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.
2. Make a symbolic payment of £5150 to Miss X and Miss Y to acknowledge the distress and increased expenditure caused by living in unsuitable interim and temporary accommodation.
3. Make a symbolic payment of £150 per month to Miss X and Miss Y for every further month the Council does not make an offer of suitable temporary accommodation from June 2024 onwards. In the event Miss X and Miss Y refuse an offer of temporary accommodation and seek a review of the suitability, then the payment of £150 per month will only be applicable if their review request is successful. In this situation the Council should backdate the payments to the date the Council offered the temporary accommodation.
4. Make a symbolic payment of £150 to Miss X and Miss Y to acknowledge the distress caused to them by being without heating and hot water for approximately eight days.
5. Review its procedures for inspecting temporary accommodation before it is let to ensure the Council inspects whether the property has functioning heating and hot water.
46. The Council should take the action at a) to d) within one month and the action at e) within two months of my final decision. The Council should provide us with evidence it has complied with the above actions.

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Final decision

Fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman