Summary: There was fault by the Council. There were delays in arranging repairs to ensure that Temporary Accommodation was suitable. Apologising, making a symbolic payment and ensuring that any outstanding repairs are carried out remedies the injustice caused.

The complaint

1. The complainant, who I shall call Miss X, complains there have been delays in ensuring repairs to Temporary Accommodation are carried out to ensure it is suitable for a family.
2. Miss X says that she has had to be available to let in contractors to carry out repeated repairs but several issues are not resolved. Miss X worries about the impacted on her families health, especially from damp and mould.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. I read the papers put in by Miss X and discussed the complaint with her.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Miss 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

8. Miss X was placed in Temporary Accommodation by the Council. The property is privately owned by a landlord and managed by an agent.

Heating

9. Miss X said the heating was not working on 4 November 2022. The Council said the heating was repaired on 9 November 2022.

Damp and Mould

10. Miss X complained about damp and mould on 7 November 2023. Contractors visited the next day but Miss X was unable to allow access until 27 November 2023.
11. A damp inspection was carried out on 11 January 2024 and as works had not been carried out by 29 January 2024 the Council put a payment freeze on rent to the landlord. From the information I have from the Council, works were carried out by May 2024 to treat mould in bedrooms, dining room and living room and to clean the carpets after the work.
12. Miss X has said in July 2024 that work to eradicate damp to the living room wall had not been completed.

Bathroom Leak

13. Miss X told the Council there was a leak from the bathroom into the kitchen on 6 February 2024. The Council has said the landlord carried out the repairs to the bathroom on 3 May 2024.
14. Miss X told me in July 2024 the bathroom leak is still there and bathroom door still does not close because it has expanded.
15. The Council has said the repairs are complete but Miss X has said they are not.

Pest control

16. Miss X has said there are slugs throughout the property. I cannot see any evidence the Council has investigated this or arranged for pest control to visit.

Conclusion

17. I understand the time taken to carry out the repairs has taken longer as the managing agents had to organise a suitable time with Miss X. However, the repairs have taken over 6 months and from the information I have, it is not certain they are complete.
18. I find fault by the Council, there has been delay by the Council in arranging for the repairs and for not ensuring they are complete. To remedy the injustice the Council should inspect the property to confirm the repairs are complete and confirm this in writing. If there are repairs outstanding, the Council should organise these to be carried out.
19. Our guidance on remedies says ‘where a complainant has been deprived of suitable accommodation during what would inevitably have been a stressful period in their life, our recommendation for financial redress is likely to be in the range of £150 to £350 a month. But we may recommend a higher monthly amount in cases where the injustice is exceptional or severe. We assess each case on its merits and consider the impact the fault had on the complainant and other members of their household’.
20. It is difficult to put an exact time on when the repairs should have been complete and how long any avoidable delay was. So, I propose a payment of £1500 to Miss X for the stress and inconvenience. If the repairs are not completed with two months from the date of the decision, then I consider the Council should pay a further remedy of £150 a month until they have been completed.

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Agreed action

21. Within one month of the date of the decision on this complaint the Council should:
• Apologise to Miss X.
• Pay Miss X £1500.
22. Within two months of the date of the decision on this complaint the Council should:
• Inspect Miss X’s property, arrange for repairs to be carried out and write to Miss X to confirm the repairs are completed. (If the repairs cannot be carried out within two months the Council should pay Miss X £150 per month until they are complete.)
23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. I have completed my investigation of this complaint. This complaint is upheld as I have found fault by the Council which has caused injustice to Miss X. The actions outlined above remedy the injustice to Miss X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman