Summary: Miss X complained about the significant disrepair issues in her temporary accommodation. She said there have been significant delays in repairing the issues and some issues remain outstanding. Miss X also said the Council’s communication has been poor. We find the Council was at fault. This caused significant distress to Miss X. We make several recommendations to address this injustice caused by fault.

The complaint

1. The complainant, Miss X, complains about the significant disrepair issues in her temporary accommodation. She said there have been significant delays in repairing the issues and some issues remain outstanding. Miss X also said the Council’s communication has been poor.
2. Miss X said this has caused her significant distress and her daughter has not been able to sleep in her room due to the disrepairs.

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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)

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How I considered this complaint

5. I spoke with Miss X about her complaint. I considered all the information provided by Miss X and the Council.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Summary of the key events

7. In December 2022 following Miss X reporting disrepair issues to the Council, she was advised to contact the repairs centre.
8. In February 2023, it was noted an electrical contractor had been trying to contact Miss X for several months. This was because her property had been identified as having outstanding remedial works that urgently needed to be completed.
9. The Council contacted Miss X in May 2023 regarding disrepair issues she had reported. It asked her to send in a list of the issues. In response Miss X said:
• the front door was rotting;
• the stair banister kept falling off;
• the ceiling was damp and leaking when it rained;
• electrics were not safe. She said she was previously told this would be fixed;
• the main bedroom door needed fixing;
• she had been due a new kitchen since 2018. Someone came to her property over a year ago to do this, but nothing further was completed;
• the outside tap leaks when she has a bath; and
• heat escapes through the front door.
10. The Council’s emails note the repairs were previously discarded due to covid and not rescheduled. It was noted the Council had requested the works to be completed.
11. Miss X contacted the Council in September 2023. She said:
• she had been contacting the Council for years regarding disrepair;
• the bathroom had been refurbed but said there was still leaks as the bath was not installed properly;
• the front door had rotted;
• the issues with the roof were not resolved, nor issues with the pipes; and
• there was a water fall outside her home which was causing damage.
12. Miss X signed a satisfaction survey in September 2023 for the completion of bathroom works. She signed a further survey in October 2023 for the completion of kitchen works. There was a further post inspection completion certificate signed by Miss X on 23 October 2023. It was noted she was happy with the work.
13. Miss X contacted the Council in November 2023. She sent a video of her leaking ceiling which she said had happened after workers had attempted to fix it. She said water had fallen onto her daughter during the night. She also said:
• the leak was near a light fixture;
• the rotting front door had a big hole;
• she had no work surface in the kitchen; and
• she had fell through a floorboard on the stairs and cut herself.
14. In December 2023, Miss X said the ceiling was still leaking. She said her daughter could not stay in her room.
15. Miss X complained in December 2023. She said she had contacted the Council numerous times regarding repairs that were caused by workers who had made matters worse. She said the stairs were still unsafe.
16. The Council responded. It apologised and said there had been some delays in issues being resolved. It agreed to award £450 in compensation and said:
• the front door had now been replaced, even though the door was wide open for two days and had a big hole for seven months; and
• the works outstanding included replacing the step on the stairs, a bedroom roof leak, replacement or reinstallation of a bathroom heater and the kitchen worktop.
17. The Council later increased its financial compensation offer to £800.
18. In response, Miss X requested her complaint be escalated. She said:
• her daughter was still not able to sleep in her room due to mould;
• the bathroom heater had not been fixed;
• the kitchen was still not safe to use;
• she had not received the £800;
• due to issues with the water, her water bill had increased; and
• she wanted the compensation offer increased. She said whilst the door had now been fixed, it had cost her a lot to keep the house warm.
19. The Council responded and said:
• Miss X had previously been incorrectly told the £800 payment would take 6 weeks to be processed. But it said it would take up to three days;
• Miss X needed to send proof of the increased water bill rates;
• it had asked for an update from the repairs team. But said in the meantime it had arranged an inspection to ascertain the current condition. It said it was happy to review the compensation offer after receiving this report; and
• it offered Miss X an additional £200 for the delay in providing a response and £50 for the incorrect advice given.
20. Shortly after Miss X sent the Council details of the water bill. She said this was higher because of the overflow of water which she had previously reported. She also accepted the additional offer of £250 and said the inspection had taken place.
21. Miss X chased the Council for an update in April and May 2024. She said she’d had no response regarding the repairs.
22. It was noted in June 2024, the roof issues needed scaffolding, there were other issues at the property and plastering and decorating was required.
23. Miss X contacted the Council in the same month. She said she was not being taken seriously about the disrepairs which she said had been caused by contractors.
24. The Council sent Miss X a further £300 in October 2024.

Disrepair issues

25. The following disrepair issues were raised and completed:
• an electrical condition report was requested on the 18 July 2023 and completed on the 16 August 2023;
• a request was made on the 15 August 2023 for the replacement of the front door and frame. This was completed on the 7 September 2023;
• a request was made on the 8 November 2023 to repair the leak from the roof. This was completed on the 21 November 2023;
• on the 28 November 2023 a request was made to renew the front door and frame. This was completed on the 1 December 2023;
• a repair request was raised on the 17 January 2024 which stated the stairs had been made safe but needing looking into as Miss X had fallen through them before. This was completed on the 29 January 2024;
• on the 1 July 2024, the hallway needed a new light pendant. This was completed by the 17 July 2024; and
• on the 22 August 2024, it was noted the leak had been fixed and walls had been re-skimmed and painted.
26. Further disrepair issues raised and completed included:
• on the 17 March 2022 a request was raised for the supply and fit of aluminium strips to the kitchen worktop;
• on the 9 May 2023 a request was raised for the windows to be checked as Miss X said heat escapes. It was also noted there was a leak from the bathroom which went outside;
• on the 25 October 2023 a request was raised for the repair of floorboards on the stairs;
• a further request for leak repairs was raised on the 7 November 2023; and
• on the 24 May 2024 a request was raised as Miss X said there was a leak outside.

Analysis- was there fault by the Council causing injustice?

27. Paragraphs 25 and 26 detail when the Council raised a request for the disrepair issues to be looked into and notes when this was completed. Miss X raised these concerns in December 2022, May 2023, September 2023 and November 2023.
28. From the evidence seen, there was delay by the Council:
• Miss X reported the rotting door in May 2023. The Council raised this in August 2023, and it was completed in September 2023;
• Miss X reported a damp ceiling and leak in May 2023. This was a leak to the main room and second bedroom. The Council raised this in November 2023, and it was completed the same month;
• Miss X raised concerns around unsafe electrics in May 2023 and said she had previously been told this would be fixed. An electrical condition report was raised in July 2023 and completed in August 2023. However, I do acknowledge in February 2023 it was noted the electrical contractor had been trying to contact Miss X;
• in May 2023, Miss X said she had been due a new kitchen since 2018. The notes state this was completed in October 2023;
• Miss X raised concerns about the outside taps leaking in May 2023. The Council raised this in May 2024;
• Miss X raised concerns about a leak from the bathroom in September 2023. The notes state a leak was fixed in August 2024; and
• in November 2023, Miss X said she had fallen through the floorboards. The Council raised a request for this in January and was completed the same month.
29. The Council said there were no works outstanding. But there were some other concerns raised by Miss X. This included the stair banister falling off and the main bedroom door needed fixing. I have not seen any evidence to suggest these concerns were considered by the Council. This is fault. This caused significant distress to Miss X.
30. I acknowledge that the Council has accepted there was delay in this case and has provided Miss X with a financial remedy of £1100. But I do not consider this to be sufficient and in line with our guidance on remedies where we would recommend a monthly payment when someone has been deprived of suitable accommodation. In this case I have calculated this to be a total amount of £2350.
31. Miss X sent the Council evidence of the increased water bill she had received in April 2024. She said this was due to the overflow of water that she had previously reported. She asked the Council to cover the extra cost. From the evidence seen, Miss X chased the Council for a response in April, May and June 2024.
32. In response to my enquiries the Council said it had not resolved the issue of the water rates. It said the information provided by Miss X did not meet its request to draw a comparison between the increased water bill against the previous usage charges. It said it had reached out to Miss X separately about this.
33. It is for the Council to decide whether it should pay any increased charges. It has not provided us with any evidence of how or when this decision was communicated to Miss X. But Miss X told us in October 2024 she had not received any updates from the Council about this. We have two differing accounts of what happened, and I cannot say for certain the Council has communicated its decision to Miss X. This is fault.
34. Miss X has asked the Council to install additional heating in the bathroom. The Council told us when the bathroom was refurbed, the current specifications allowed for extractor fans. But did not include the provision of heaters, therefore the heater was not replaced. The Council said an extractor fan was installed and it is satisfied this provides moisture control. This is a decision for the Council to make and I cannot question it.
35. In the Council’s stage two response in April 2024 it agreed to provide Miss X with an additional £250. Miss X responded in the same month confirming she accepted it. But it was not paid until the end of October 2024. This is fault. But the Council did provide an additional £50 in acknowledgment of the delay. In my view this is an appropriate remedy.
36. Miss X also complained about the Council’s poor communication. From the evidence seen, Miss X did often have to repeat herself or ask for updates. This is fault and caused Miss X significant distress.

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Agreed action

37. To remedy the injustice caused by fault, within one month of my final decision the Council has agreed to:
• write to Miss X with an apology that takes account of our published guidance on remedies and accepts the findings of this investigation;
• pay Miss X an additional £1250 in recognition of her being deprived of suitable accommodation due to the Council’s delay in completing repairs;
• write to Miss X and clearly set outs in position on what information it needs to consider whether it should pay any increased water charges;
• pay Miss X an additional £300 in recognition of the distress caused to her by the Council’s actions; and
• taking paragraph 29 into account, review whether there are any outstanding repair works and arrange for this to be completed.
38. The Council should provide us with evidence it has complied with the above actions.

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Final decision

39. There was fault by the Council. The actions the Council has agreed to remedy the injustice caused. I have completed my investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman