Summary: Mrs X complained about the way the Council handled her housing, including placing her and her family in unsuitable accommodation for too long, failing to tell her of her review rights, failing to update assessments, and delays. Mrs X said this caused unnecessary and avoidable distress and frustration. We find the Council at fault and this caused injustice. The Council has agreed to apologise and make a payment to Mrs X.

The complaint

1. Mrs X complained about the way the Council handled her housing. Specifically she complained that:
1. the Council wrongly placed her and her family in interim accommodation when it accepted the main housing duty;
2. the Council housed her and her family in unsuitable bed and breakfast accommodation for longer than it should have;
3. the Council failed to inform her of her right to request a review of two decisions it made on her priority banding;
4. the Council delayed reassessing her priority band after providing medical information;
5. the Council failed to update the family’s housing needs assessment after she provided medical information;
6. there were delays accessing their permanent accommodation;
7. the Council ignored her request for help storing her belongings; and,
8. her allocated housing officer communicated poorly with her.
2. Mrs X said this had a significant effect on her family’s physical and mental health. She said it had a disproportionate effect on one of her children which caused an additional impact on the family. She said it caused unnecessary and avoidable distress and frustration.

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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. 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)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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What I have and have not investigated

7. When I spoke to Mrs X about her complaint, she told me she had not specifically complained about delays accessing their permanent accommodation (part f of the complaint) and the Council ignoring her request for help storing her belongings (part g).
8. As I have said above, we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply.
9. In this case, during my investigation, Mrs X complained to the Council about these two issues. The Council has since issued a final response for that complaint. However, because my investigation had already started when this additional complaint was made to the Council, I cannot include it in my investigation.
10. I have therefore not investigated parts f or g of this complaint.
11. However, I have referred to the Council’s complaint response for that subsequent complaint because it is relevant to my investigation of part b of this complaint.

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How I considered this complaint

12. I considered the information and documents provided by Mrs X and the Council. I spoke to Mrs X about her complaint. Mrs X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.
13. I considered the relevant legislation, and statutory guidance, set out below. I also considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

Interim and temporary accommodation

14. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
15. 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)
16. 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)
17. 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)
18. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

Bed and breakfast accommodation

19. 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.
20. 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 Homelessness Code of Guidance paragraph 17.35)

Review rights

21. Homeless applicants may request a review within 21 days of being notified of various decisions, including:

• their eligibility for assistance; and,
• 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).

22. Councils must tell applicants in writing about their review rights.

What happened

23. Mrs X and her family presented as homeless to the Council in 2023. The Council accepted the main housing duty to Mrs X in October 2023.
24. In November, Mrs X asked the Council for help because their ceiling had collapsed. The Council placed the family in what it called “emergency” or “interim” bed and breakfast (B&B) accommodation.
25. In December, Mrs X submitted medical evidence to the Council online. In January 2024, the housing officer told Mrs X they had not sent her medical information to the Council’s medical advisor. The officer said they would do it that day.
26. The next day, the housing officer told Mrs X the medical advisor assessed the family as Band C priority. The officer passed the medical information for a second opinion, to be decided at the Council’s panel.
27. Mrs X complained.
28. The following week. The Council decided that the family should be in Band B with medical priority.
29. In its complaint response, the Council acknowledged the officer delayed forwarding Mrs X’s medical information to the medical advisor. The Council accepted the housing officer’s communication with Mrs X had not been best practice. It said any future communication with the officer should be in writing, and copied to their manager.
30. The Council apologised that the B&B accommodation the family had been in was far from ideal. It acknowledged that Mrs X and her family had been in unsuitable B&B accommodation for longer than the statutory six weeks.
31. The Council acknowledged that it did not update Mrs X’s housing needs assessment taking into account the current needs and wishes of the family. It said this should have happened given that several professionals had written to the housing officer expressing an urgent need for the family to move to suitable accommodation.
32. The Council said it would remind staff to update assessments and housing plans appropriately when new evidence is provided.
33. The Council apologised and offered Mrs X £1200, which she accepted.

Analysis

Interim accommodation (part a of the complaint)

34. Mrs X complained the Council wrongly placed her and her family in interim accommodation when it accepted the main housing duty.
35. The Council told Mrs X it had placed her and her family in interim accommodation. However, the Council had accepted the main housing duty to Mrs X a month before she asked for help because her ceiling collapsed. As the Council had accepted the main housing duty, the accommodation it provided could not have been classed as interim accommodation. It could only have been temporary accommodation, in line with the law. The Council referring to the accommodation as interim accommodation is fault.
36. I note that it is confusing that the Council uses the phrase “emergency accommodation”. The Council should avoid using terms like this which do not tell applicants what type of accommodation they have been placed in and therefore whether they have a statutory right to request a review of its suitability or not.
37. As I have said above, there is a statutory right to review the suitability of temporary accommodation. There is no statutory right to review the suitability of interim accommodation. Mrs X said she asked the housing officer for a suitability review and was told she did not have that right because she was placed in emergency accommodation. Therefore, not only did the Council not tell Mrs X of her right to request a review, it told Mrs X she could not have a review when she was entitled to one.
38. I find the fault here denied Mrs X her right to a review of the suitability of the accommodation. I also find this fault caused Mrs X injustice because it caused uncertainty.
39. The Council said it did not give Mrs X a letter when she first moved into temporary accommodation. It said this was an administrative oversight. This is fault.

Bed and breakfast (part b)

40. Mrs X complained the Council housed her and her family in unsuitable bed and breakfast accommodation for longer than it should have.
41. As I have said above, bed and breakfast (B&B) accommodation can be used for no more than six weeks for families with dependent children.
42. Between the end of November and mid-December 2023, Mrs X and her family were placed in Travelodges. These have no cooking facilities and are therefore classed as B&B accommodation.
43. Between mid-December 2023 and early January 2024, the family were in accommodation which had exclusive use of a shower and toilet, and which had a hob oven and fridge within it. Mrs X said there were shared facilities as well, these being a washing machine, dryer, microwave and cooker.
44. I have considered the guidance. This says B&B is accommodation 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.
45. Given the facilities available in that accommodation, I do not consider this should be classed as B&B accommodation.
46. From early January to early May, the family were placed at other accommodation. This had a shared kitchen so must be classed as B&B accommodation.
47. For the rest of May, the family were in other accommodation which Mrs X said had a washing machine, and two rooms each with a double bed and ensuite. For these reasons, I do not consider this accommodation was B&B accommodation.
48. I therefore find that Mrs X and her family were placed in B&B accommodation for 20 weeks. This is 14 weeks longer than the statutory six weeks. This is fault causing injustice. The injustice is living in unsuitable accommodation.
49. The Council accepted it was at fault and in March 2024 made a payment to Mrs X of £1200 to remedy the injustice. The Council considered the Ombudsman’s published guidance on remedies when calculating the remedy. This is positive.
50. However, the family were in B&B accommodation for longer than the Council expected. I find the family was in B&B accommodation for an additional five weeks.
51. In October 2024, the Council responded to Mrs X’s subsequent complaint (see paragraphs seven to 11). As part of this complaint response, the Council offered Mrs X a further £1200. It said this was:

“… as a remedy for the injustice you experienced, primarily as a result of staying longer in unsuitable interim accommodation than you otherwise would have done.”

52. I find the Council has remedied the injustice for the additional five weeks of being in unsuitable accommodation. I am therefore satisfied the Council has remedied the injustice for this part of the complaint.

Review rights (part c)

53. Mrs X complained the Council failed to inform her of her right to request a review of two decisions it made on her priority banding.
54. The first of these decisions was in early January 2024, when the housing officer spoke to Mrs X and told her the medical advisor had advised Band C.
55. The Council said this was not a formal Council decision that required a decision letter with review rights. I agree. I find this was not a formal decision on Mrs X’s banding, so there was no right of review at that point. So there is no fault here.
56. However, the Council made its decision that Mrs X was in Band B with medical priority a week later. The Council accepts that it did not send Mrs X the standard letter informing her of her review rights.
57. This is fault. Councils must tell applicants their decisions in writing and tell them they have a right to a review of that decision.
58. This fault caused injustice because it denied Mrs X her right to request a review of that decision. This caused uncertainty.

Delays in reassessing priority band (part d)

59. Mrs X complained the Council delayed reassessing her priority band after providing medical information.
60. The Council’s complaint response acknowledged there was a delay between the housing officer receiving Mrs X’s medical information and passing it to the medical advisor. The Council accepts it took longer than it should have.
61. I find it took the officer 11 working days to pass this information to the medical advisor. This is fault. I find this fault caused injustice in that it caused Mrs X uncertainty.

Updating the housing needs assessment (part e)

62. Mrs X complained the Council failed to update the family’s housing needs assessment after she provided medical information.
63. The Council’s complaint responses acknowledged it did not update Mrs X’s housing needs assessment taking into account the current needs and wishes of the household. It also accepted it failed to update her assessment with the medical evidence she provided in December. This is fault. I find this fault caused uncertainty, which is injustice.
64. The Council’s complaint response apologised and said it would remind all relevant officers to update assessments and plans appropriately. I am satisfied the apology is an appropriate and proportionate remedy for the injustice here. Further, I am satisfied the Council has taken action to avoid it happening again.

Communication (part h)

65. Mrs X complained her allocated housing officer communicated poorly with her.
66. In communications with Mrs X, the Council apologised that she had reason to be dissatisfied with the housing officer. It accepted the officer did not respond to a report they received from another professional, and apologised. The Council said it had spoken to the officer about the importance of communication. It recommended that any communication with the officer should be by email and copied to their manager.
67. I find the Council has accepted it was at fault for its communication with Mrs X. I am satisfied the Council apologised for the injustice caused, completed a suitable remedy (for the manager to be copied into communications), and improved its service by speaking directly with the officer about their communication.
68. I am therefore satisfied the injustice caused by this fault has been remedied.

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Agreed action

69. Within four weeks of this decision, the Council has agreed to apologise to Mrs X in writing for:
• the uncertainty caused by failing to tell Mrs X she was in temporary, not interim, accommodation and denying her review rights (part a of the complaint);
• the uncertainty caused by failing to tell Mrs X of her right to request a review of her housing banding decision (part c); and,
• the uncertainty caused by the officer failing to promptly pass on Mrs X’s medical information to the medical advisor (part d).
70. Within four weeks of this decision, the Council has agreed to make a payment to Mrs X of £200. This is made up as follows:
• £100 to remedy the uncertainty caused by failing to tell Mrs X she was in temporary, not interim, accommodation and denying her review rights (part a of the complaint); and,
• £100 to remedy the uncertainty caused by failing to tell Mrs X of her right to request a review of her housing banding decision (part c).
71. In arriving at these amounts, I have considered the Ombudsman’s published guidance on remedies. This sets out a range for payments to remedy uncertainty. I consider payments at the lower end of the range are appropriate and proportionate given the circumstances of this case.
72. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the above apology.
73. Within three months of this decision, the Council has agreed to make the following improvements to its service. It will:
• remind all housing officers, including managers, of the difference between interim and temporary accommodation, including that one of these has statutory review rights;
• remind all housing officers, including managers, to tell applicants in writing they have a right to request a review of certain decisions. Officers must send standard letters with outcomes and decisions which tell applicants of those rights, even if officers tell the applicant about decisions by email or phone; and,
• share this decision with housing officers and managers, and discuss its learning at a team meeting.
74. The Council should provide us with evidence it has complied with the above actions.

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Final decision

75. I have completed my investigation. I uphold parts a, b, c, d, e, and h of Mrs X’s complaint because I find fault causing injustice. The Council has agreed to make a payment to Mrs X, apologise, and make improvements to its service.
76. I have not investigated parts f or g of this complaint. This is because they are premature and cannot be included in this investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman