Summary: We have found the Council at fault for failing to provide Miss X and her family with suitable accommodation for an extended period of time. This caused them avoidable injustice. The Council has agreed to remedy this injustice.

The complaint

1. Miss X complained the Council placed her and her young children in unsuitable temporary accommodation when she was fleeing domestic abuse.

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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 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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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What I have and have not investigated

5. Miss X presented to the Council as homeless in May 2022 and was placed in the accommodation subject to this complaint in June 2022. Section 26B applies to Miss X’s complaint as it took her longer than 12 months for her to bring her complaint to us.
6. I have exercised my discretion to investigate back further than 12 months as I consider there to have been good reasons why Miss X did not come to us sooner. I have not investigated back as far as May 2022 as Miss X did not bring her complaint to the Council until January 2023.
7. However, from January 2023, I have seen evidence that Miss X repeatedly chased the Council for a response to her complaint which included the involvement of her MP. The Council’s poor complaint handling resulted in an undated stage 1 response to Miss X which the Council has not been able to confirm when it was issued or whether the Council followed up on the actions proposed in the response. The evidence suggests that Miss X did not receive a response to her S1 complaint until after July 2023.
8. Miss X never received a stage 2 response and therefore the Council did not signpost her to the Local Government and Social Care Ombudsman (LGSCO).
9. In addition, Miss X had her second baby in April 2023 so it would have been unreasonable to expect her to progress her complaint over the following months.
10. I have investigated Miss X’s complaint between January 2023 when she complained to the Council, and August 2024 when she brought her complaint to us. I have included information from outside this time period for context purposes only.

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How I considered this complaint

11. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
12. 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

Law and guidance

13. 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.

The relief duty

14. 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)

The main housing duty

15. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation (unless it refers the application to another housing authority under section 198). But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Review rights

16. Homeless applicants may request a review within 21 days of being notified of the following decisions:
• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Accommodation pending review

17. Applicants may ask a council to provide accommodation pending the outcome of a review. Councils have a power, but not a duty, to accommodate certain applicants and members of their household. (Housing Act 1996, sections 188(3), 199A(6), 200(5))

Differences between interim and temporary accommodation

18. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
19. 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)
20. 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)
21. 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.
22. 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)
23. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

Priority need

24. Examples of applicants in priority need are:
• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.

Suitability of accommodation –use of B&B

25. 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)
26. 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)
27. Wherever possible, Councils should avoid using bed and breakfast accommodation. (Homelessness Code of Guidance paragraph 17.33)
28. Bed and breakfast (B&B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

What happened

Background

29. Miss X approached the Council in May 2022. She, and her infant child were homeless and fleeing domestic abuse. The Council accepted the relief duty and secured interim accommodation for Miss X and her child. This was in a hostel with shared facilities (B&B accommodation). Given Miss X had a young child, the Council should not have left her in B&B accommodation for longer than 6 weeks. The 6 week deadline was mid-July 2022.

Miss X complained

30. Miss X complained to the Council in January 2023 when she had seen no progress on her homelessness application. From the evidence I have seen, the Council did not respond to Miss X’s complaint until after summer 2023.

Council accepted main duty

31. The Council accepted the main duty in February 2023 but did not notify Miss X until March 2023. At this stage, the hostel where Miss X was living became temporary accommodation. Miss X had the right to request a review of the suitability of the temporary accommodation. The Council has no record of Miss X formally requesting a review.
32. Miss X pursued the Council for action on her homelessness application, stating that the accommodation was not suitable for her growing family. This was not treated as a review request.
33. In April 2023, Miss X gave birth to a second child. She remained in a small room in a hostel with shared facilities with two young children.
34. In June 2023, the Council offered Miss X alternative accommodation. Miss X said it was unsuitable as it was very close to her family that included the perpetrator of the domestic abuse.
35. In July 2023, the Council made Miss X an offer of permanent housing association accommodation. Miss X declined the offer as she said it unaffordable and therefore unsuitable. The Council said it was suitable as the rent was within Local Housing Allowance (LHA) limits.
36. Later in July, Miss X requested a move to a larger room in the temporary accommodation. The Council fulfilled this on the same day.

My findings

37. The law says that B&B accommodation should only be used for pregnant women and/or those with dependent children when no other accommodation is available and then for no more than six weeks.
38. Miss X has been living in B&B accommodation, with one child, pregnant and with two children since June 2022. From mid-July 2022, this accommodation became legally unsuitable.
39. The Council did not provide suitable accommodation for Miss X and her family, this was fault. This fault caused Miss X the avoidable injustice of living in one small room with shared facilities with two young children.
40. As I am only investigating the period from January 2023 when Miss X raised her concerns with the Council, the Council has agreed to pay a financial remedy for 20 months (January 2023 until present) spent in unsuitable accommodation. In line with our guidance on remedies, of £350 pr month, this equates to £7000.
41. I have also found fault with the Council for poor complaint handling and record keeping. Miss X complained in January 2023 and the Council failed to respond in a timely manner. The Council also had no record of the outcome of the complaint as the officer had left the Council.

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Agreed action

42. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for failing to provide suitable accommodation for her and her family.
2. Pay Miss X £7000 in recognition of the time spent in unsuitable accommodation.
3. Apologise to Miss X for the poor complaint handling.
4. Pay Miss X £500 for the distress caused and the time and trouble it has taken her to pursue her complaint.
5. Provide suitable accommodation for Miss X and her children.
6. Show that it has reviewed and improved its complaint handling procedure and record keeping since 2023.
7. Remind staff of the 6 week deadline for moving women who are pregnant and/or with dependent children out of B&B accommodation.
43. The Council should provide us with evidence it has complied with the above actions.

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Final decision

44. I have found fault with the Council for failing to provide Miss X and her children with suitable accommodation. This caused them a significant avoidable injustice. The Council has agreed to remedy this injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman