Summary: Miss X complained the Council failed to provide her with suitable temporary accommodation. She said this impacted her mental health. The Council was at fault. Miss X and her family lived in unsuitable accommodation for nine months. The Council has agreed to apologise and make a financial payment.

The complaint

1. Miss X complained the Council failed to provide her with suitable temporary accommodation. She said this impacted her mental health.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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. I read Miss X’s complaint and spoke to her about it on the phone.
5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council 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

Background information

7. 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.
8. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
9. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
10. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
11. 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)
12. 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)
13. 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.
14. 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)
15. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
16. 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

What happened

17. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
18. Miss X approached the Council as homeless in February 2024. The Council accepted the relief duty and Miss X moved into interim accommodation.
19. Miss X reported she felt the property was not suitable in March 2024.
20. The Council accepted the main housing duty in April 2024.
21. Miss X complained at the end of April 2024. She said the property was too far from her home area and this impacted her children’s education and health services, as well as Miss X’s mental health.
22. The Council responded to the complaint at the end of April 2024. The response stated the housing issues the Council had. It confirmed the wait for social accommodation was approximately 12 years.
23. Miss X asked the Council to complete a review of her accommodation in June 2024. She explained the concerns with the property and the area. She set out the impact on her children an on her mental health. Miss X asked the Council to escalate her complaint to stage two.
24. The Council issued its stage two response in July 2024. The Council confirmed the stage one response was accurate, and the suitability review would consider if Miss X’s accommodation was suitable.
25. The Council completed the suitability review at the end of July 2024. The review found Miss X’s property was not suitable.
26. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to move her to a suitable property.
27. In response to my enquiries the Council explained the difficulties it had because of housing issues in London. The Council detailed its plans for improving its temporary accommodation supply.
28. Miss X confirmed the Council moved her to a new property in April 2025. Miss X does not feel this accommodation is suitable for her needs.

My findings

29. The Council said it did not find Miss X suitable accommodation due to the shortage of available accommodation in the area. While the Ombudsman acknowledges issues sourcing accommodation, the Council’s duty to provide suitable temporary accommodation is immediate, non-deferrable and unqualified. The Council did not meet this duty. Failure to move Miss X to suitable temporary accommodation is service failure and is therefore fault.
30. The Council accepted Miss X’s temporary accommodation was not suitable in July 2024. It has now offered her accommodation it considered suitable. Miss X moved to this accommodation in April 2025. I appreciate Miss X does not agree with this opinion, but she has an appeal right to consider its suitability. It is reasonable for Miss X to use her appeal right. Therefore, Miss X lived in unsuitable accommodation from July 2024 until April 2025, nine months.
31. The delay in moving Miss X and her family has caused an injustice to them as it means they have lived in unsuitable temporary accommodation for nine months. Our Guidance on Remedies recommends a payment of £150 - £350 for each month spent in unsuitable temporary accommodation. The figure should be based on the impact on the complainant and other household members and take account of factors such as:
• overcrowding and disrepair;
• any specific needs arising from a disability – for example, a wheelchair user who cannot access some rooms; and
• any particular vulnerability of the complainant or household members. So a situation where three young children had to continue sharing a bedroom would usually require a remedy at the lower end of the range; and a situation where a disabled person could not access bathing facilities would usually require a remedy at the upper end of the range.”
32. The Council accepted the accommodation was not suitable. In line with our guidance on remedies a payment of £200 per month is suitable for this case.

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Agreed action

33. To remedy the outstanding injustice caused to Miss X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Miss X for the injustice caused by the fault identified in this case. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Miss X £200 per month to recognise the unsuitability of the accommodation and its effect on her and her family for nine months, totalling £1,800.
34. The Council should provide us with evidence it has complied with the above actions.

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Final decision

35. I have completed my investigation. I have found fault by the Council, which caused injustice to Miss X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman