Summary: Ms X complained about the Council’s handling of her temporary homeless accommodation. We found fault because Ms X and her family have been living in unsuitable accommodation since June 2021. This caused Ms X and her family avoidable distress, frustration and uncertainty. To remedy the injustice caused, the Council has agreed to apologise, make symbolic payments to her and update her on its current position in finding her new accommodation.

The complaint

1. Ms X complains about the Council’s actions related to the suitability of her temporary homeless accommodation. She says the Council is taking too long to find her alternative accommodation which is suitable for her and her family’s needs.
2. Ms X says this has caused her significant distress and frustration and affected the family’s quality of life.

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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(1), as amended)

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How I considered this complaint

5. I have considered all the information Ms X provided. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
6. Ms X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

Homelessness legislation and statutory guidance

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.

Interim and temporary accommodation

8. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
9. 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)
10. If, having made inquiries, the council is not satisfied an applicant is homeless, eligible, and in priority need, it will have no further accommodation duty.
11. 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)

Suitable temporary accommodation

12. 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)

What happened

13. I have set out below a summary of the key events. This is not meant to show everything that happened.
14. Ms X moved into a property in summer 2021, Property A. This was temporary homeless accommodation organised by the Council through its private sector leasing team. Ms X lives with her children, some of which have specific health needs.
15. On 22 November 2023, Ms X contacted the Council. She said she had been in the property for a long time and one of her children’s health needs had changed. She said Property A was now unsuitable for her and her children and was affecting their health.
16. Ms X contacted the Council again on 30 November 2023. She added more detail of the specific needs of her children and repeated Property A was not suitable for her family’s needs. She said she had tried to bid for properties but there were never any properties showing as suitable for her needs.
17. On 4 December 2023, the Council told Ms X there was no worker assigned to her case and that she should request a medical suitability review.
18. An occupational therapist (OT) from the local health service contacted the Council on 19 February 2024. She advised that Ms X and the children’s carer would have difficulty in carrying out therapy programmes and managing specialist equipment given the space in Property A. The Council replied to Miss X and the OT to say supply and demand for large wheelchair accessible properties meant long waiting times, that Ms X had not bid for two potential properties the year before and that a recent bid for a property had shown Ms X to be third on the shortlist.
19. On 8 April 2024, a third-party company working on the Council’s behalf conducted an OT housing needs assessment. The report listed difficulties of living in Property A including a lack of space for storing and using necessary medical and handling equipment and that it was not suitable for adaptation. It made various recommendations on what essential features any future property should have and said the home appeared overcrowded.
20. Ms X complained to the Council on 26 July 2024. She was unhappy as she had communicated with the Council and sent supporting documentation about her accommodation, but felt things were not progressing.
21. On 16 August 2024, the Council sent its stage one complaint response. It said its temporary accommodation team had confirmed her current accommodation was unsuitable and now that she had completed a transfer form it would look to move the family as soon as possible.
22. Over the next week, the Council held meetings about Ms X’s accommodation and adaptation possibilities on Property A. On 21 August 2024, it advised Ms X:
• it was trying to source a suitably sized and adapted property but could not confirm how long this would take;
• she should consider widening her area of choice to live in;
• it was going to fit moving and handling equipment in her current property;
• she should consider using the living room as a bedroom.
23. Ms X confirmed she wished to stay in the same area due to her support network and medical appointments all being based locally.
24. Ms X escalated her complaint to stage two of the Council’s process with the Council responding on 28 October 2024. The Council said it upheld her complaints. It said it was finding it very difficult to find a suitable property for Ms X and her family, her case was discussed on a weekly basis but that it could not confirm when it would be able to move her. The Council apologised for not being able to identify a suitable property for her and assured her it was taking matters seriously.
25. The Council signposted Ms X to the Ombudsman.
26. The Council and Ms X confirmed the Council had discussed potential new accommodation with her in June 2025. Ms X said this had not resulted in a formal offer and she had not been updated as promised.

Analysis

Ms X moving into Property A

27. In response to my enquiries, the Council said it knew at the time of placing the family in Property A, it needed a larger property and Ms X’s affected children needed their own bedrooms. It commented that when the family moved in, Property A was intended to be an interim measure until a more sustainable and longer-term solution could be found. It said it had made the decision to continue to look for suitable alternative accommodation at the time the family moved in as moving into Property A was better than staying in their previous accommodation.
28. As part of this search, the Council said it had intended to discuss her case in its weekly transfer meeting, so it could identify a suitable property for her to move to. The Council explained that at some point her case was ticked as ‘transfer complete’. This meant it was no longer discussed at the weekly meeting. The Council is unable to say when or how this happened. It explained it identified there was still a need for Ms X to be moved to a different property when she made her stage one complaint in July 2024 and that she is now back on the list to be transferred. Removing Ms X from its weekly transfer discussion list was fault. It meant her case stopped being discussed and creates uncertainty that she may have been moved earlier if her case was discussed as intended. This caused Ms X distress, frustration and uncertainty. I have made a recommendation below to remedy this injustice.

Suitability of Property A

29. In response to my enquiries, the Council said it had not carried out a formal suitability review of Property A when Ms X said it was unsuitable. The Council said its decision Property A was unsuitable was based on the OT housing needs assessment completed in April 2024. The Council also said Ms X’s complaint made it realise she needed to be transferred to suitable accommodation.
30. I acknowledge the complex nature of Ms X’s family circumstances and the Council’s efforts made to source suitable alternative accommodation since August 2024.
31. However, based on the Council’s comments and evidence provided, I am satisfied it considered Property A unsuitable when Ms X moved into it in 2021. This is because it was an interim measure with a view to finding her a suitable alternative as it knew the property was too small for the family’s specific needs. As per paragraph 12, homeless temporary accommodation must be legally suitable. Not providing suitable temporary accommodation was fault. It caused Ms X avoidable distress, frustration and uncertainty and affected the family’s quality of life. I have made a recommendation below to remedy this injustice.

Suitability review

32. In response to my enquiries, the Council also said that it had been wrong to advise Ms X to request a medical suitability review when she contacted it in December 2023. Giving Ms X the wrong information was fault. It caused distress, frustration and uncertainty. I have made a recommendation below to remedy this injustice.

Complaint handling

33. In response to my enquiries, the Council confirmed it had not advised Ms X her stage two complaint response would be delayed. It advised her it needed more time when she chased it for the response two days after it was due. Not advising Ms X of the delay, as per its own policy, was fault. It will have added to the avoidable distress and frustration Ms X had already experienced. I have made a recommendation below to remedy this injustice.

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Agreed action

34. To remedy the injustice caused by the faults I have identified, the Council has agreed to take the following action within four weeks of the date of my final decision:
• apologise to Ms X for the identified injustice;
• pay Ms X £225 per month to recognise the unsuitability of the accommodation and its effect on Ms X and the family from the beginning of June 2021 to the beginning of September 2025. This is a period of 51 months, totalling £11,475;
• make an ongoing payment to Ms X of £225 per month for every further month from the beginning of September 2025 until the Council makes her an offer of alternative accommodation it considers suitable. The payment should be made for a maximum of six months; and
• use its best efforts to continue the search for suitable accommodation for Ms X and her family.
35. Within two weeks of the date of my final decision, the Council has agreed to update Ms X on the potential property discussed with her in summer 2025.
36. The apology written should be in line with the Ombudsman’s guidance on remedies on making an effective apology.
37. Payments made are in line with the Ombudsman’s guidance on remedies.
38. The Council should provide us with evidence it has complied with the above actions.

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Final decision

39. I have now completed my investigation. I uphold this complaint with a finding of fault causing an injustice.

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Investigator's decision on behalf of the Ombudsman