Summary: Mr X complained the Council failed to respond properly to his concerns about, or re-assess, the suitability of his temporary accommodation. We have not found fault by the Council.

The complaint

1. Mr X complains the Council failed to respond properly to his concerns his temporary accommodation was no longer suitable for him and his family because of damp and mould. He says he:

• told the Council about the damp and mould in January 2024 and provided it with information about the impact on his and his son’s health; and
• continued to contact the Council about this, but it failed to take any action to consider and re-assess the suitability of his accommodation until very recently.

2. Because of the delay, he and his child have had to continue living in unsuitable accommodation, affecting their health. He wants the Council to move them to suitable accommodation now.

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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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What I have and have not investigated

6. I have investigated what happened during the period from January 2024 to 3 September 2024.
7. I have not investigated anything which has happened since 3 September 2024 as this is not part of the complaint Mr X brought to us on that date.

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How I considered this complaint

8. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
9. Mr X and the Council had the opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

Suitability of accommodation provided to homeless applicants

10. 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)
11. 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

12. 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

13. Mr X made a homelessness application to the Council. It accepted it owed him the main housing duty and provided him with temporary accommodation in November 2023.
14. Mr X considered the accommodation was unsuitable because it was not ground floor, and he struggled to use stairs due to his mobility issues. He requested a suitability review.
15. The Council completed its review and notified Mr X of the outcome on 17 January 2024. It upheld its original decision the temporary accommodation provided was suitable for Mr X.

Events from January to September 2024

16. The Council has provided details and records of its contact with Mr X about his temporary accommodation during the period from 17 January, when it issued its review decision, to 3 September, when Mr X contacted us about his complaint.
17. This information shows that during this period:

• there is no record of any contact from Mr X about damp and mould, or any request for a re-assessment of the suitability of his accommodation; and
• there is no record of any complaint from Mr X about a delay in responding to concerns about damp and mould or the suitability of his accommodation.

18. The Council has also provided details of the inspection and repairs log for Mr X’s accommodation which records the following:

• 15 01 24: tenant called to report draughty windows, checked and all ok, slight mould reported, advised tenant how to maintain
• 26 02 24: inspection missed by tenant, warning letter sent
• 04 03 24: call from tenant, unhappy about receiving a warning letter
• 26 03 24: inspection carried out
• 03 06 24: inspection missed by tenant, warning letter sent
• 13 09 24: inspection cancelled by tenant

19. Mr X sent the Council some new medical information on 3 September. It replied asking him to return the attached medical form with any supporting medical evidence. It said it would then submit the information to its medical housing advisor for their medical assessment and recommendations.
20. Mr X sent us his complaint about the Council on 3 September.

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

21. I have not found fault by the Council. This is because:

• I have not seen evidence Mr X raised any concerns with the Council about the suitability of his temporary accommodation, or asked it to re-assess its suitability due to damp and mould issues, during the period following the review decision in January 2024 to 3 September 2024; and
• on this basis, I do not consider there was any failure by the Council to respond to Mr X’s concerns about the suitability of his temporary accommodation during this period.

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Decision

22. I have not found fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman