Summary: We will not investigate Ms X’s complaint about the Council’s delay in accepting a homeless relief duty, which caused a delay in her having the right to a statutory review of the suitability of her temporary accommodation. The Council has upheld the complaint and agreed to remedy her injustice by paying her £1,400, which is appropriate.

The complaint

1. Ms X complained the temporary accommodation the Council provided when she became homeless was unsuitable because there were not enough beds for all members of her household. Ms X said she and her daughter slept on the floor between late June and mid-November 2023.
2. Ms X also complained about the Council’s delay in accepting a relief duty, which caused a delay in it accepting the main housing duty. This delayed her getting a statutory right to a review of the suitability of the temporary accommodation the Council had provided.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. If we investigated this complaint, it is likely we would find the Council at fault for a delay in accepting a relief duty between June and September 2023. The Council accepted there was a delay in its complaint response.
7. Ms X asked for a review of the suitability of the temporary accommodation provided in December 2023 and the Council agreed in January 2024 that it was not suitable. If the Council had accepted the relief duty sooner, she would have been able to ask for a review around three months earlier. We therefore asked the Council to consider remedying the injustice caused.

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Agreed action

8. The Council has agreed to pay her Ms X £1,400 within one month of the date of this decision. The payment was calculated on the basis of £200 per month for seven months between 1 September 2023 (when she would have been able to ask for a review but for the delay) and 1 April 2024, by which point the Council had identified alternative temporary accommodation for her. This is in line with our guidance on remedies, available on our website.
9. Although Ms X said the temporary accommodation was unsuitable from June 2023, there is a conflict of evidence that cannot be resolved in relation to the advice given to her by the housing provider about the use of a sofa bed and in relation to what Ms X said to the housing provider about sleeping on the floor. In addition, temporary accommodation may be suitable for a short term, during the relief duty period, which is not suitable for a longer period. For these reasons, the payment does not cover the period from June to late August 2023.

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Final decision

10. 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 Ms X.

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Investigator's decision on behalf of the Ombudsman