Summary: Ms X complained the Council did not deal with her reports of repairs, did not properly assess her housing register application and made a false allegation to social services. Ms X said she had to live in properties in a poor state of repair. We found the Council was at fault for delays completing repairs. The Council agreed to apologise to Ms X and make a payment to her for the distress caused.

The complaint

1. Ms X complains the Council:
• Did not properly deal with her reports about the condition of her accommodation.
• Took away her child’s medical priority on its housing register and did not consider her priority on the housing register properly.
• Made a false allegation about her to Social Services.
2. Ms X said her family had to live in properties in a poor state of repair.

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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. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).

5. 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

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance. I sent a draft of this decision to Ms X and the Council and considered comments received in response.

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What I found

Homelessness

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.
8. If councils are satisfied applicants are threatened with homelessness and eligible for assistance, they must help the applicants to secure that accommodation does not stop being available for their occupation. This is called the Prevention Duty. In deciding what steps they are to take, councils must have regard to their assessments of the applicants’ cases. (Housing Act 1996, section 195)
9. Once a council decides an applicant is homeless it must take reasonable steps to help to secure suitable accommodation for that person. This is called the Relief Duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
10. 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)
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)
12. 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.
13. 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)
14. 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.

Housing register

15. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
16. An allocations scheme must give reasonable preference to applicants in the following categories:
• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others; (Housing Act 1996, section 166A(3))
17. The Council operates a choice based letting scheme where applicants bid for available properties. The Council places applicants into priory Bands based on their level of need.
18. The Council’s allocations policy says it will place homelessness applicants who have the Relief duty or main housing duty into Band B. Where the Council has identified a medical need to move it will place an applicant into Band C1 or C2.

What happened

19. There has been extensive correspondence between Ms X and the Council since February 2023. In this section of the statement I summarise key events but I do not refer to every single contact and communication.
20. Ms X approached the Council for homelessness assistance in February 2023. She was living in private rented accommodation and her landlord had sent her a section 21 notice asking her to leave the property. Ms X was also registered on the Council’s housing register and in Band C2 as a result of her child’s medical needs.
21. The Council decided it owed Ms X the Prevention Duty in February 2023. In July 2023, the Council offered her interim accommodation in a two bedroom self-contained flat which Ms X and her children moved into. This accommodation was managed by a Housing Association.
22. In early August 2023, the Council decided it owed Ms X the Relief Duty. The Council placed Ms X into Band B1 on its housing register. The Council carried out a medical review of Ms X’s housing register application and decided she was eligible to bid on three bedroom properties due to her child’s needs.
23. In September 2023, Ms X reported a leak at her property. In late September 2023, the Council booked Ms X and her children into a hotel so the Housing Association could carry out repairs. Ms X moved back to her property in early October 2023. Shortly after she reported that water was coming out of the plug sockets.
24. Ms X made a formal complaint via telephone in late September 2023 about the condition of her property. The Council responded in early October 2023. The Council apologised that the leak was not repaired and said it was working with the Housing Association to rectify this. The Council said it had stopped the leak but needed to carry out some remedial work to Ms X’s property.
25. Ms X asked the Council to consider her complaint further. Ms X said there were other repair issues she had with this property and the leak was ongoing for over four weeks.
26. In mid-October 2023, the Council met with Ms X to discuss her concerns. The Council said the works needed to repair the damage by the leak would take two weeks and offered to move Ms X into a hotel.
27. The Council provided its final response to Ms X’s complaint in November 2023. The Council said all repair issues Ms X reported, apart from the leak, were responded to. The Council said when Ms X made it aware about the leak it sent its own contactors who found and contained the leak, however it apologised for the time taken to repair the leak.
28. On 20 November 2023, the Council wrote to Ms X and told her it owed her the main housing duty. The Council offered Ms X temporary accommodation in a different property. The offer letter explained Ms X could ask for a review of this property if she believed it unsuitable.
29. Ms X moved into the temporary accommodation on 26 November 2023. This property was also managed by a Housing Association. In December 2023, Ms X reported her heating was not working properly. The notes showed this was not rectified until 8 January 2024.
30. In January 2024, Ms X reported mould and dampness and a radiator falling off the wall. Ms X contacted the Council in February 2024 as she had not had an update following her reports of damp. In late February 2024, a contractor visited Ms X’s property and established the cause of the damp was the hot and cold water pipes in the kitchen were too close together. The Contractor recommended the kitchen cupboards needed removed, pipes changed and then remedial works carried out.
31. In late February 2024 and early March 2024, the Council moved Ms X and her children into a hotel while repairs took place. After Ms X moved back into her property she raised further issues with the standard of the repair works and a silver fish infestation. In mid-March 2024 a contractor visited Ms X’s property and found the quality of the repair works was poor and recommended a snagging list of ten items which needed completing. Between mid-March and Mid-May 2024, contractors attended Ms X’s property many times to complete the list of repairs.
32. In mid-May 2024, the Council made a referral to social services over concerns about the welfare of her children. As a result, social workers contacted Ms X but took no further action.
33. In June and July 2024, Ms X complained to the Council about issues with staff members and its referral to social services. The Council did not uphold her complaint. Ms X also complained to the Housing Association about the delays carrying out repairs to her property. The Housing Association recognised the works to Ms X’s kitchen were not good and apologised for the additional time to complete these.
34. In July 2024, the Housing Association updated the Council there was still damp on the walls at Ms X’s property. The Housing Association said there was a communal leak coming from a stack pipe and it was up to the freeholder of the building to repair this. The Housing Association said it had updated the freeholder of the building about the pipes leaking. The Housing Association said it was continuing to treat Ms X’s property for silver fish.
35. In November 2024, Ms X was still raising concerns about dampness and silver fish in the property. At this point the Council told her it would move her. The Council moved Ms X into alternative temporary accommodation in December 2024.

Analysis

The condition of Ms X’s interim and temporary accommodation

36. After Ms X moved into interim accommodation she raised concerns about the condition of this accommodation in September 2023, when she reported a leak. Following this the Council moved Ms X into hotel accommodation while repairs were carried out. After Ms X moved back into the property there were still issues with the leak and it had not been repaired. This was fault. As a result Ms X had to live in a property with outstanding repair issues and this caused her distress and frustration.
37. The Council recognised in its complaint response there were delays repairing the leak in Ms X’s property. While this is welcomed, it did not offer Ms X a remedy for the injustice this caused her.
38. After the Council moved Ms X into temporary accommodation in November 2024, Ms X raised concerns about the heating not working. The records showed it took from mid-December 2023 to 8 January 2024 to resolve this issue despite the repair being listed as urgent. This was fault.
39. From January 2024, Ms X reported several repair issues including mould and dampness. It took until the end of February 2024 to establish what the issue was. After repairs were completed, the Housing Association agreed the standard of repairs was poor and drew up a list of further works which needed completing. This was fault. It then took until 10 May 2024 to complete this list.
40. After this Ms X made further reports of mould and dampness in the property and reports about a silver fish infestation. It is not clear whether these issues were ever resolved before Ms X moved out of the property. This was fault. The notes showed the Housing Association updated the Council they were still present in July 2024 and there are further references to these repair issues in November 2024. The delays to carrying out repairs have caused Ms X distress and frustration.
41. Following Ms X’s reports about the condition of her temporary accommodation, there is no evidence the Council carried out a review of the suitability of this accommodation. As Ms X was complaining about the condition of her property and at one point the Council moved her into hotel accommodation, the Council should have carried out a review of the suitability of her accommodation. Failure to do so was fault. I cannot say on balance whether the Council would have decided if this property was unsuitable but failing to carry out a review of its suitability will cause Ms X uncertainty about whether she could have moved sooner.

Ms X’s housing register priority

42. I do not consider the Council was at fault for how it considered Ms X’s housing register priority. Initially Ms X was in Band C because of her child’s medical issue. Once Ms X became homeless and the Council decided to owe her a homeless duty it moved her to Band B. This is an increase in priority and is in line with the Council’s allocations policy.

The Council’s decision to refer Ms X to social services

43. I have not found the Council at fault for deciding to refer Ms X to social services. I have seen a copy of the referral and this explains why the Council decided to make the referral. The Council also wrote to Ms X on 10 May and this letter explains why it made the referral. I recognise Ms X disagrees with the Council’s decision, however I cannot see any fault in how it came to this decision.

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Agreed Action

44. When a council commissions or arranges for another organisation to provide services we treat actions taken by or on behalf of that organisation as actions taken on behalf of the council and in the exercise of the council’s functions. Where we find fault with the actions of the service provider, we can make recommendations to the council alone. Here we have found fault with the actions of the Housing Association and make the following recommendations to the Council.
45. Within one month of my final decision the Council agreed to:
1. Apologise to Ms X for the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
2. Pay Ms X £300 to recognise the distress and frustration she experienced as a result of delays repairing the leak in her interim accommodation.
3. Pay Ms X £500 to recognise the distress and frustration she experienced as a result of delays completing repairs in her temporary accommodation.
46. The Council should provide us with evidence it has complied with the above actions.

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Decision

47. I find fault causing injustice. The Council agreed to the above actions to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman