London Borough of Newham (23 013 433)
The Ombudsman's final decision:
Summary: We have ended our investigation. The Council accepts it is at fault in that it housed households with dependent children or a pregnant woman in bed and breakfast accommodation longer than the six weeks allowed by law, causing them an injustice. It has already taken appropriate action to address the fault. There are no further recommendations the Ombudsman would make if we were to investigate this issue further.
The complaint
- As part of an earlier complaint investigation, we identified the Council had left households with dependent children or a pregnant woman in bed and breakfast accommodation longer than the six weeks allowed by law. This caused them an injustice.
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)
- Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
- We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:
- we could not add to any previous investigation by the organisation; or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I opened this complaint to investigate matters that came to my attention during an investigation of a previous complaint about the Council.
- I made written enquiries of the Council and considered its response, as well as relevant law and guidance. I also considered the Ombudsman’s Guidance on Remedies.
- The Council had opportunity to comment on my draft decision, and I would have considered any comments received before making a final decision. It did not provide any comments.
What I found
Relevant law and guidance
Homelessness and accommodation duties
- 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.
- Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)
- 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)
- The relief duty ends when the applicant accepts or refuses an offer of accommodation which is suitable and likely to be available for at least 6 months, or, failing this, if 56 days have passed.
- 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. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
- The accommodation a council provides until it can end the main housing duty is called temporary accommodation. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it.
- 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 (from 3 April 2018) Homelessness Code of Guidance 17.2)
Bed and breakfast accommodation
- Councils should avoid using bed and breakfast accommodation. It should only be used as a last resort in an emergency and then for the shortest time possible. (Homelessness Code of Guidance paragraph 17.24 and from 3 April 2018 17.30)
- Bed and breakfast (B&B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and from 3 April 2018 Homelessness Code of Guidance paragraph 17.32)
My findings
- The Council accepted fault in our previous investigation, in that it left the complainant, who has dependent children, in B&B accommodation for 6.5 months, significantly longer than the 6-week limit set out in statutory guidance. It said this was because there was a shortage of accommodation in its area and no suitable alternative was available. In these circumstances, we consider the fault to be service failure.
- The Council told us that in November 2022, when it placed the complainant in our previous investigation in B&B accommodation, it was housing around 300 families in B&B accommodation. Internal emails the Council provided to us for our previous investigation showed in April 2023 there were other families who had been in B&B accommodation longer than six months.
- In response to my enquiries about other applicants who may have been affected by the same fault, the Council explained the background to this issue. The Ombudsman accepts there are significant pressures on homelessness services across London boroughs.
- The Council confirmed that at time of its response in February 2024:
- there were 65 households with dependent children or a pregnant woman the Council was housing in B&B accommodation;
- of those 65 households, 53 had been there longer than 6 weeks, with most of these being in the 25 to 42 weeks bracket; and
- of those 53 households which had been there longer than 6 weeks, there remained 29 households the Council had not yet matched to an alternative property, and had no move planned.
- The Council explained, and provided evidence of, the steps it is taking to address the issue, as follows.
- In November 2020, it introduced a temporary accommodation reduction plan to reduce numbers housed in insecure and expensive temporary accommodation. The Council has since monitored progress against the plan via weekly meetings led by senior staff. This includes monitoring of families housed in B&B accommodation.
- In July 2021, the Council published a housing delivery strategy and action plan which included actions to reduce use of B&B accommodation and improve the quality of temporary accommodation. The Council reviews this action plan yearly and last did so in December 2023.
- In December 2021, the Council published a homelessness and rough sleeping strategy and action plan. This also included actions to reduce use of B&B accommodation and ensure checks of the quality of B&B accommodation. The Council’s Homeless Strategy Steering Group monitors progress against the action plan.
- The Council’s cabinet and scrutiny committee has kept oversight of the various strategies and action plans outlined above. In November 2022, the Council set up a new programme of work to ensure delivery of the various actions. Since then, it has secured hundreds of extra properties for use as temporary accommodation.
- The Council has been working with the relevant government department across 2022 and 2023 to address issues around temporary accommodation and B&Bs in its area.
- Weekly meetings are in place to review specific cases and decide on households the Council should move urgently.
- The Council accepts it has households with dependent children or a pregnant woman in B&B accommodation for longer than six weeks, which is fault. The law says this is not suitable for these households. Therefore, this fault causes an injustice. However, the Council had already identified the problem and has shown it is taking appropriate action to address the issue. This has already shown a significant and consistent decrease in numbers of families in B&B accommodation since July 2023.
- Further investigation by the Ombudsman would not result in any further recommendations for actions the Council should take. Therefore, it would not be an efficient use of the Ombudsman’s limited resources to investigate this further.
Final decision
- I have ended my investigation. The Council accepts it is at fault. In these circumstances, we consider the fault to be service failure. The Council has already taken appropriate action to address the fault. There are no further recommendations the Ombudsman would make if we were to investigate this issue further.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman