Summary: Miss X complained the Council delayed taking action to remedy damp in her temporary accommodation. The Council accepts there was delay which meant Miss X was left in unsuitable accommodation for 31 months. The Council has already moved Miss X into alternative accommodation and a suitable financial remedy is now agreed.

The complaint

1. Miss X complains the Council delayed taking action to remedy damp in her temporary accommodation.
2. Miss X says the payment offered in respect of her complaint does not adequately reflect the impact on her.

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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. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

The main housing duty

6. If a council is satisfied someone is eligible, homeless, in priority need and unintentionally homeless it will owe them the main housing duty. Generally the council carries out the duty by arranging temporary accommodation until it makes a suitable offer of social housing or private rented accommodation. (Housing Act 1996, section 193)

Suitability of accommodation

7. 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 accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Key facts

8. This section sets out the key events in this case and is not intended to be a detailed chronology.
9. Miss X is owed the main housing duty by the Council and was placed in temporary accommodation managed by a third-party management company. A welcome pack provided to tenants on their move-in day includes details on how to report repairs. It states all repairs should be reported to the appointed tenant liaison officer as well as providing a list of what constitutes an emergency repair.
10. Miss X moved into the property in March 2021 and first reported damp, mould and water entering her property in June 2021. In February 2024, Miss X made a formal complaint to the Council. She said that despite reporting repairs and some action being taken by the managing agents the situation was getting worse. Miss X provided a list of all her contacts with the managing agents which shows she repeatedly reported repair issues from June 2021 onwards.
11. The Council replied to Miss X’s formal complaint on 13 March 2024. It said that following receipt of her complaint the Council and managing agent inspected the property and found damp in the main bedroom. It acknowledged there was an ongoing damp issue at the property and confirmed a damp survey had been carried out. It explained the manging agents only manage her flat and the building is owned by a private landlord. It said this was the reason for the delays in the repair process. The Council upheld Miss X’s complaint; detailed the works that would be carried out and offered a payment of £400 as compensation.
12. Miss X escalated the complaint to stage two of the Council’s complaint procedure on 29 March. She explained why she remained unhappy and declined the compensation offer saying it did not adequately reflect the time, trouble, delay, distress, anxiety and health issues experienced.
13. The Council replied on 10 June 2024. It apologised for the delay in responding and for the difficulties Miss X had experienced. It said it had reviewed her past correspondence and the evidence she provided and taken the decision to prioritise a transfer to suitable alternative accommodation. It said this was due to the recurring problem and the fact that there was not sufficient evidence to confirm the issue is resolved and would not recur. It also increased the offer of compensation to £1,000.
14. Miss X moved into alternative temporary accommodation on 17 June 2024. She contacted the Ombudsman on 3 July expressing her dissatisfaction with the Council’s stage two response. Miss X declined the offer of £1,000.

Analysis

15. The Council has accepted fault in this case and I welcome the action it has already taken including moving Miss X to alternative temporary accommodation. However, Miss X remains dissatisfied and asked us to review the financial offer saying it does not adequately reflect the impact on family.
16. In response to my enquiries, the Council accepts the property was affected by damp and that action should have been taken sooner to diagnose and remedy the problem. It acknowledged Miss X was left in adverse conditions for a period of 31 months from the time she first reported the problem to its managing agents.
17. The Council also explained that the revised financial offer of £1,000 was based on the Housing Ombudsman’s guidance. However, it indicated to me that it had reconsidered this and was offering an increased amount of £2,500.
18. The Local Government and Social Care Ombudsman retains jurisdiction over issues related to homelessness. This includes the repair duty in temporary accommodation. We publish our own Guidance on Remedies document. In this we take the view that where someone has been deprived of suitable accommodation, we recommend a payment in the range of £150 to £350 a month. We assess each complaint on its merits and consider the impact the fault had on the person making the complaint and their family. I consider a suitable figure in this case would be £200 per month for the 31 months the Council accepts Miss X had to live in unsuitable accommodation.

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Agreed action

19. To remedy the injustice caused as a result of the fault identified in this case the Council will, within one month of my final decision, make Miss X a symbolic payment of £6,200 to recognise Miss X was in unsuitable accommodation for 31 months longer than she should have.
20. It should also review the liaison arrangements with managing agents to ensure that it is aware of any repair issues that are ongoing, especially where buildings are owned by a third party, to ensure it is meeting its repair duties.
21. The Council should provide us with evidence it has complied with the above actions.

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Final decision

22. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman