Summary: Miss Y complained about the way the Council dealt with her homelessness application and provision of interim and temporary accommodation. We have found fault by the Council, causing injustice, in failing to: properly follow the process for the provision of, and provide Miss Y with, suitable accommodation. The Council has agreed to remedy this injustice by: apologising to Miss Y; making a payment to recognise the distress caused and the impact on her of living in unsuitable accommodation; and making service improvements.

The complaint

1. Miss Y complains about the way the Council dealt with her homelessness application. She says the Council:

• failed initially to provide her with emergency interim accommodation when she was homeless; and then
• moved her to unsuitable temporary accommodation.

2. Miss Y wants the Council to move her to suitable temporary accommodation as a matter of urgency. Her current accommodation has damp and mould and a lack of ventilation, which is affecting her health. She is pregnant and very concerned about the impact of this on her unborn baby.

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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.
4. 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)
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 Miss Y and the Council as well as relevant law, policy and guidance.
7. Miss Y and the Council had the opportunity to comment on my draft decision. I considered their comments before making my final decision.

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What I found

What should have happened

The law and statutory guidance

8. 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.
9. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)

Assessments and Personal Housing Plans

10. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Council’s must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

Duty to arrange interim and temporary accommodation

11. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
12. Examples of applicants in priority need are: pregnant women; people who are vulnerable due to serious health problems, disability or old age; and victims of domestic abuse
13. 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.

Suitability of accommodation

14. 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)
15. 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. There is no statutory right to review the suitability of interim accommodation
16. 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

17. I have set out a summary of the key events below. It is not meant to show everything that happened. It is based on my review of all the evidence provided about this complaint.

Background

18. On 15 August 2023, a youth organisation working with Miss Y made a homelessness application to the Council on her behalf. It told the Council Miss Y had been the victim of an assault and was unable to return to her home. It asked the Council to assess her application and offer her emergency accommodation.
19. I understand the organisation arranged accommodation for Miss Y while the Council assessed her application. The Council then accepted the relief and interim accommodation duties and provided Miss Y with emergency bed and breakfast (B&B) accommodation on 17 August.

August 2023 to October 2023: Council accepts the main housing duty

20. The Council has provided a suitability of accommodation form it says was completed with Miss Y on 12 October 2023. This stated she was currently in emergency accommodation and needed self-contained accommodation. It also included information about the assault and abuse experienced and risk of violence.
21. On 13 October the Council decided it owed Miss Y the main housing duty.
22. It has provided a copy of a letter emailed to Miss Y on 13 October 2023 telling her it had accepted the main housing duty. It also said if she was in accommodation provided for her by the Council this meant she had the right to request a review of the suitability of her accommodation.

October 2023 to April 2024: Miss Y remains in B&B accommodation

23. I understand the Council continued to provide Miss Y with B&B accommodation as temporary accommodation after accepting the main housing duty. It did not move her to alternative temporary accommodation.

May 2024: Miss Y’s request to move to new temporary accommodation

24. In May, Miss Y told the Council she could not stay at her current temporary accommodation because she was experiencing abuse. She also told it she was pregnant. She said she needed to move to new accommodation away from the areas in which she was at risk of violence.
25. On 14 May, the Council provided Miss Y with self-contained accommodation in X House, which was outside the Council’s area, and away from the places in which she was at risk of violence.

June to July 2024: Miss Y’s complaints about the accommodation

26. Miss Y complained to the Council about the suitability of the new accommodation at X House. She told it on the following dates:

• 3 June: the accommodation was not suitable. It had no ventilation other than a skylight which could only be partially opened and she had already passed out;
• 5 and 25 June: there was a lack of ventilation at the accommodation;
• 27 June: the accommodation was having an adverse effect on her health. The Council asked her for medical information about this;
• 8 July: no action had been taken to move her. Damp and mould in the accommodation was having an adverse effect on her health. She sent the Council photos of her accommodation;
• 11 July: when speaking to a manager in the homelessness service, she was living in accommodation with damp and mould, no ventilation and was 17 weeks pregnant. The manager said they would ask the team to arrange an urgent transfer; and
• 12 July: she was very upset about not being moved yet.

27. On 15 July Miss Y’s midwife provided the Council a letter about the damp and mould in Miss Y’s accommodation and the impact on her health.

July 2024: Offer of alternative accommodation

28. The Council contacted the provider of Miss Y’s accommodation at X House about her complaints of damp and mould. It asked what was being done about this and whether there was another room with good ventilation available.
29. It arranged alternative accommodation for Miss Y on 15 July. Miss Y went to the accommodation. She declined it and told the Council it was worse that her current accommodation at X House.
30. The Council raised this with the alternative accommodation provider. They provided photos of the accommodation and said there had not been any other complaints about its condition. They invited the Council to inspect the accommodation to confirm its condition. The Council has told us it did not take up this invitation.
31. Miss Y returned to her temporary accommodation at X House.
32. The Council’s notes record a further conversation between Miss Y and a manager with the homelessness service. This noted:

• Miss Y was 17 weeks pregnant with medical needs;
• concerns had been raised by her social worker and midwife;
• she was currently in a room with no ventilation or window; and
• the Council should look at alternative accommodation options for her.

Miss Y’s complaint about the Council’s failure to move her

33. Miss Y complained to the Council about its response to her contact about the unsuitability of her accommodation.
34. In its reply of 1 August, the Council said:

• it acknowledged her ongoing concerns about the suitability of her current temporary accommodation;
• it had offered her alternative accommodation which she had refused because she said there was damp and mould;
• it proposed making her an offer of private rented sector (PRS) accommodation to resolve her homelessness, but had not yet been able to identify a suitable property due to the housing shortage;
• the quickest route would be for her to find her own PRS accommodation. The Council could support her with this; and
• she had the right to ask for a review of the suitability of her current accommodation.

August 2024: Miss Y’s request for a suitability review

35. On 5 August, Miss Y asked the Council to review the suitability of her accommodation at X House.
36. The Council initially told Miss Y she did not have this review right because she had refused an offer of emergency accommodation and was not currently living in emergency accommodation.
37. Miss Y brought her complaint about the Council to us.
38. The Council then confirmed to Miss Y it would carry out a suitability review.
39. The Council also:

• told Miss Y it would ask her accommodation provider to move her to a different room at X House;
• asked its PRS team to look for a large studio accommodation for Miss Y;
• made a referral for Miss Y to a supported accommodation provider; and
• received contact from a medical professional working with Miss Y raising concerns about her wellbeing.

September/October 2024: Miss Y’s further contact about accommodation

40. On 11 September Miss Y told the Council she was in hospital. She said her accommodation too hot, had no ventilation and would be unsuitable for a baby.
41. She called the Council on 1 October and said she needed to move.
42. She told the Council on 24 October she was in hospital again with an infection, due to the condition of her accommodation.

October 2024: Outcome of the suitability review

43. The Council’s case summary for the review said:
1. Following the acceptance of the main housing duty in October 2023, Miss Y was placed in B&B accommodation at X House
2. She had not been provided with a formal offer of temporary accommodation under section 193 of the Housing Act 1996;
3. Section 193 of the Housing Act requires that a formal offer be made to confirm the suitability of accommodation offered under the main housing duty. This letter should demonstrate that:

• the accommodation had been vetted not merely as a B&B, but as a section 193-compliant property, meeting all relevant statutory requirements; and
• specific factors, such as affordability, condition, size, and location, were thoroughly assessed with respect to Miss Y’s needs.
4. This procedural error raised concerns about whether appropriate due diligence was exercised to ensure the B&B met the full suitability requirements set by section 193, beyond the general standards for B&B accommodation;
5. In light of the procedural error, the accommodation’s suitability could not be presently upheld. A formal offer should be made, taking the above into account.

44. The Council confirmed the review outcome to Miss Y on 24 October. It said:

• it had concluded it could not uphold the suitability of her current accommodation due to procedural errors;
• this meant her case would remain with the housing resolutions team who would rectify any procedural errors to ensure she was not without unsuitable accommodation; and
• she should raise any further enquiries with the housing team manager

November 2024 to March 2025: Action following the review

45. Miss Y had a meeting with her caseworker on 6 November to discuss her permanent housing options. There is no record of any discussion about her current temporary accommodation.
46. Miss Y’s baby was born around the end of November.
47. Miss Y was not moved to alternative temporary accommodation.
48. A note of a meeting on 18 February of professionals working with Miss Y and her baby to discuss her progress and housing situation records:

• housing was still an issue; and
• all professionals who had visited Miss Y had raised concerns about the room’s temperature and damp and mould.

49. Miss Y moved to permanent accommodation in mid-March 2024.

My view – was there fault by the Council causing injustice?

Provision of emergency interim accommodation in August 2023

50. I have not seen any evidence of delay by the Council in providing Miss Y with emergency accommodation when she made her homeless application in August 2023.
51. The Council responded immediately to the contact made on Miss Y’s behalf by the organisation supporting her. It assessed the application and provided Miss Y with emergency B&B accommodation.
52. I have not found fault with the Council in its response to a request for emergency accommodation for Miss Y in August 2023.

Suitability of Miss Y’s accommodation at X House

53. I consider there were failures by the Council in its provision of accommodation for Miss Y in the period from May 2024 during which Miss Y remained in the temporary accommodation provided for her at X House.
54. I have noted the following failures:

• the Council did not assess the suitability of the accommodation at X House for Miss Y before offering this to her;
• it did not confirm its offer of the temporary accommodation at X House in writing and did not tell Miss Y about her right to ask for a suitability review of this new accommodation;
• it did not take any action in response to Miss Y’s complaints in June and early July about the suitability of the accommodation;
• it did not tell Miss Y, in response to her complaints, about her right to request a suitability review, or treat her complaints as a request for a review;
• after finally telling Miss Y on 1 August about her review rights, it then wrongly told her, when she requested this, she was not entitled to a review; and
• after accepting, following the review, it could not uphold the suitability of Miss Y’s accommodation because of its failures to follow the proper process, it did not take any action to put things right or move her to suitable accommodation.

55. In my view, because of these failures, the Council did not properly follow the process for providing Miss Y with suitable accommodation. This was fault.

Impact of this fault

56. In my view the evidence seen shows the accommodation at X House was not suitable for Miss Y. The Council’s records confirm health professionals working with her contacted it a number of times from May 2024 about its unsuitability for Miss Y, and also her baby. The Council appears to have accepted this, as set out in its note of the meeting in February 2025.
57. Because of the Council’s failures to properly assess and review the suitability of the accommodation, Miss Y has lived in unsuitable accommodation provided by the Council from May 2024 to date.
58. She has also been caused frustration and upset by the Council’s failure to respond to her concerns about her accommodation and carry out actions it had said it would take, and the uncertainty about her right to request a review.

Remedy for the failure to provide Miss Y with suitable accommodation

59. I have found that the Council failed to provide Miss Y with suitable accommodation from 14 May 2024 to mid-March 2025. This was clearly a difficult period in Miss Y’s life and caused her avoidable upset and concerns about her health while she was pregnant and the impact on her baby.
60. Taking this into account, I have recommended the Council should pay Miss Y financial redress for the injustice caused during this 10-month period of £250 a month

Service improvements

61. In a recent decision, the Council agreed to our recommendation it remind all housing officers to tell applicants in writing they have a right to request a review of certain decisions.
62. I haven’t repeated this action but have recommended other service improvements.

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Action

63. To remedy the injustice caused by the above faults and, within four weeks from the date of our final decision, the Council has agreed to:
1. apologise to Miss Y for its failure to properly follow the process for the provision of, and provide her with, suitable accommodation. This apology should be in line with our guidance on Making an effective apology:
2. pay Miss Y £2,500 to recognise the impact of the Council’s failure to provide her with suitable temporary accommodation in the period from May 2024 to March 2025; and
3. pay Miss Y £350 to reflect the upset, frustration and uncertainty caused by its failure to respond to her concerns and tell her about her review rights. This is a symbolic amount based on our guidance on remedies;
64. And within three months from the date of our final decision the Council has agreed to:
1. review its policies and procedures regarding the assessment of the suitability of accommodation provided to homeless applicants and make any changes needed to ensure this includes clear guidance about:

• the steps officers must take to properly assess the suitability of accommodation offered to homeless applicants and record these assessments;
• recording accommodation offers made to applicants and notification of their rights if they believe the accommodation offered is unsuitable; and
• the actions officers should take in response to concerns or complaints from applicants about the suitability of their accommodation.
2. provide appropriate training to officers to ensure they understand the Council’s policy and procedures for the provision of suitable accommodation to homeless applicants.

65. The Council should provide us with evidence it has complied with the above actions.

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Decision

66. I find fault causing injustice. The Council has agreed to take the above actions to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman