Summary: We will not investigate this complaint about the Council providing temporary accommodation which was allegedly unsuitable. This is because the evidence suggests the Council had no notice of any issues from the complainant at the time and therefore could not reasonably investigate. There is insufficient evidence the accommodation was unsuitable.

The complaint

1. The complainant (Miss X) complains about the suitability of interim accommodation provided to her by the Council. She says this the accommodation was unsuitable due to anti-social behaviour by neighbouring residents and how this affected her use of the property. Miss X also says the front door lock was broken which meant the accommodation was not secure. Miss X explains she left the temporary accommodation due to these issues. She complains the Council has since declined to provide her with housing assistance.
2. In summary, Miss X told us the problems with the accommodation put her children at risk and exposed them to harm. When she left, she secured private rented accommodation. However, she feels at risk of homelessness again due to the cost being unaffordable. As a desired outcome, Miss X wants the Council to provide her with housing which is suitable to her circumstances.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the per-son making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify this, or we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. In January 2024, Miss X made a homeless application to the Council. It provided Miss X and her two children interim accommodation under its section 188 housing duty in order to address her immediate need while it made enquiries into the application. Miss X left the accommodation after five days living there and secured private rented housing where she and her children continue to live.
6. The primary issue raised by Miss X about the Council’s temporary accommodation concerned alleged anti-social behaviour by neighbouring residents. She says this, combined with the door lock not working, exposed her and her two children to the risk of harm. The Council says it only had knowledge about the alleged issues when Miss X complained after she had already left the accommodation. The Council adds it was unaware of any outstanding repairs.
7. In deciding whether the accommodation was unsuitable, I take the view the Council must first be afforded a reasonable opportunity to look into the problems reported and provide any needed resolution. I have not been presented any evidence of Miss X bringing these issues to the attention of the Council at the time, or requesting other accommodation because of these. Further, because Miss X only occupied the temporary accommodation for five days before leaving, this likely prevented any issues being raised, investigated and resolved. For these reasons, there is insufficient evidence the accommodation was unsuitable. I am therefore unlikely to find fault by the Council in respect of this issue.
8. When Miss X left the property and secured her own housing arrangements, the Council ended its duty to provide temporary housing and assistance. I am unlikely to find fault on this point as the Council is under no obligation to keep an offer open, or to make a further offers of interim accommodation once an applicant secures private rented accommodation which ends their homelessness. I recognise Miss X wants assistance from the Council now because the rent of private rented accommodation is unaffordable and she feels at risk of becoming homeless again. However, we cannot provide the outcome Miss X wants as our role is not to decide whether someone is eligible for assistance. If Miss X’s circumstances have changed following securing private rented accommodation, then she can submit a new homeless application to the Council and it will consider and decide her eligibility.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence the temporary accommodation was unsuitable. For the reasons outlined, we cannot decide if the complainant is eligible for housing assistance.

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Investigator's decision on behalf of the Ombudsman