Summary: Miss X complained the Council provided her with unsuitable temporary accommodation and failed to offer her alternative suitable accommodation. We found fault by the Council because it did not consider its legal duty to find suitable temporary accommodation for Miss X and her children. As a result, Miss X and her children remained in unsuitable accommodation for longer than they should have. The Council agreed to apologise and make a payment to remedy the injustice to Miss X.

The complaint

1. Miss X complained the Council provided her with temporary accommodation which was unsuitable and failed to offer her alternative suitable accommodation. She states the accommodation is unsafe for her children and is negatively impacting their physical health and the mental health of both her and her children.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. As part of my investigation I have:
• discussed the complaint with Miss X and considered information she provided;
• made enquiries of the Council and considered its response;
• had regard to the relevant legislation and guidance; and
• set out my initial thoughts in a draft decision statement and invited Miss X and the Council to comment.

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What I found

5. Under the main housing duty, housing authorities must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Homelessness Code of Guidance 17)
6. 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)
7. We do not consider that simply adding an applicant to a ‘Transfer List’ and waiting for a suitable property to become available is sufficient for a council to demonstrate how it is meeting its duty to provide suitable temporary accommodation. This is in line with the court’s decision that putting applicants who are owed the section 193(2) duty, and who are in unsuitable accommodation, on a waiting list for temporary accommodation is not a lawful means of fulfilling the unqualified and immediate duty to secure suitable accommodation for their occupation.” (Elkundi & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1024 (Admin) 308)

What happened

8. The following is a summary of key events. It does not include everything that has happened.
9. Miss X made a homelessness application. The Council accepted she was owed the main homelessness duty.
10. In August 2020 Miss X moved into her current temporary accommodation, a third floor, one-bedroom flat.
11. In November 2022 Miss X raised concerns about the suitability of her temporary accommodation. She said she now had two young children and the property had problems with black mould which was affecting their health. She also said her son nearly fell out of the living room window which did not have child locks fitted.
12. The Council arranged for repairs to her home however these were not completed.
13. In June 2023 Miss X’s Health Visitor wrote to the Council supporting Miss X’s request for a move to alternative accommodation. The letter explained:
• Miss X’s son had a diagnosis of Autism Spectrum Disorder and he has no awareness of danger. He often climbs to high places and Miss X’s home does not have secured fixed windows.
• The block where Miss X lives has a small lift but it is too small for a pushchair making it difficult for her to leave the flat and to attend playgroups that could benefit her son.
• The property has significant damp and black mould. It also has a faulty boiler.
14. The Council asked its medical adviser to consider the information provided by Miss X’s health visitor. The medical adviser concluded Miss X had a moderate need to move and she should not be offered accommodation with more than one flight of internal stairs.
15. In July the Council informed its Temporary Accommodation department that Miss X and her children had a medical need to move.
16. In August Miss X complained to the Council. In her complaint Miss X reiterated her concerns about her accommodation being unsuitable and asked the Council to move her and her children.
17. In September the Council visited Miss X’s home. It said there was no evidence of damp or black mould. It also said all windows had window restrictors fitted.
18. Unhappy with the Council’s actions Miss X escalated her complaint. The Council’s reply acknowledged Miss X had a medical requirement to move to alternative accommodation. It said that it understood Miss X was frustrated with her current living conditions, but it was taking a long to time re-house housing applicants because of limited housing stock.
19. In April 2024 Miss X complained to the Ombudsman.
20. In response to our enquiries the Council said:
• Miss X was placed on to the priority list for a two bedroom property but during the period she was on the list only 12 two bedroom properties became available.
• In late April Miss X accepted a one-bedroom property. If Miss X had accepted a one-bedroom property sooner, her wait in temporary accommodation would have been significantly shorter.

Finding

21. In July 2023 the Council determined that Miss X had a moderate need to move on medical grounds. I consider this determination means the Council accepted Miss X’s temporary accommodation was unsuitable.
22. The Council has a duty to secure suitable accommodation for homeless households that it owes a housing duty to. This means the Council needed to provide suitable accommodation to Miss X as soon as it decided her temporary housing was not suitable in July 2023.
23. However, the Council’s response to Miss X’s complaint stated that it had a shortage of housing stock and so housing applicants were waiting longer for rehousing. This matter relates to the Council’s housing register for long term housing. The Council is at fault because it did not properly consider its legal duty to provide Miss X with suitable temporary accommodation immediately.
24. As a result of the fault I found, Miss X and her children remained in unsuitable temporary accommodation for 9 months longer than necessary. This caused Miss X frustration, distress and affected her mental health. This is injustice.

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Agreed action

25. Within one month from the date of my final decision, the Council will:
• Apologise to Miss X in writing for the fault I found; and
• Pay Miss X £200 for each month she remained in unsuitable temporary accommodation from July 2023 onwards. This is a period of nine months and so the Council will pay Miss X £1800 in total. This payment recognises the impact on Miss X and her family of staying in unsuitable accommodation and is in keeping with the Ombudsman’s Guidance on Remedies.
26. The Council should provide us with evidence it has complied with the above actions.

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Final decision

27. I have completed the investigation and found the Council was at fault. The Council has agreed to my recommendations which remedy the injustice caused to Miss X.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman