Summary: We found fault by the Council on Miss Z’s complaint about it failing to transfer her to alternative accommodation after deciding it was unsuitable in March 2023. The Council failed to move her from the property, show a record of its decision about unsuitability at the time it made it, send her a copy of the decision, or act to address the causes of its concerns while she remained in it. These failures caused avoidable injustice. She remained in an unsuitable property which did not meet their needs. The Council agreed to send her a written apology, pay £4,050 for the time she spent in unsuitable accommodation, pay £150 a month until she is moved, find her alternative accommodation, review what happened, and remind officers of the need to tell tenants about decisions when made.

The complaint

1. Miss Y complains on behalf of Miss Z about the Council failing to:
1. transfer her to alternative temporary accommodation, despite agreeing it was unsuitable in March 2023; and
2. issue a proper review response about its suitability.
2. As a result, she and her children continue to live in accommodation which does not meet their needs. This affected her and her family’s health. Nor was she told about her rights of appeal.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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What I have and have not investigated

7. Miss Z complained to us in November 2024. This means we would usually only investigate this complaint from November 2023 because the law says 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).
8. I exercised discretion to investigate her complaint from March 2023, which was when the Council decided to offer alternative accommodation. I did so because of her personal circumstances at the time with her youngest son. Information set out below before March 2023 was given for the sole purpose of putting the current complaint into context.

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How I considered this complaint

9. I considered evidence provided by Miss Z, the notes I made of the telephone conversations I had with Miss Y, the Council’s response to my enquiries, as well as relevant law, policy, and guidance. I sent a copy of the draft decision to Miss Z and the Council. I considered their responses.

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What I found

Relevant law and guidance

Homelessness

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
11. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need, it has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)
12. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. This duty applies to interim accommodation and temporary accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
13. Applicants can ask a council to review its decision that the accommodation offered is suitable. Councils must complete the review within eight weeks of receiving the review request. (Housing Act 1996, sections 202)
14. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need, the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). 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)

Council Housing Allocation Scheme (2013)

15. The total housing list includes those seeking Council and housing association housing (the housing register) and existing Council tenants seeking a transfer (the transfer list).
16. It reserved the right to implement a Lettings Plan that targets a proportion of properties of different sizes to be offered to transferring tenants.
17. Applicants are placed in one of the following Bands based on their priority needs:

• Band A: Emergencies and Strategic Priorities: this includes those wishing for an emergency transfer due to risk of violence, life threatening medical emergencies, and where housing is needed to prevent significant harm to a child, for example. It is divided into Level 1 and 2. The Council can exercise discretion to place exceptionally urgent cases in Level 1.
• Band B: High Priority: this includes those in severely overcrowded households (lacking two bedrooms), those with an urgent medical need to move, and those threatened with homelessness who are working with the Council to prevent it.
• Band C: Medium Priority: this includes homeless households, those who are overcrowded (lacking one bedroom), and those sharing a bathroom/kitchen, as well as those with a less urgent medical need. It has two Levels. All are in Level 2 except those it owed a full housing duty.
• Band D: Low Priority: this is for those not in other bands, including those adequately housed.

Council Housing Allocation Scheme (2024)

18. In addition to the previous Banding priorities, the scheme made the following changes:

• Band B: Homeless households owed a full housing duty.
• Band C: Homeless households not in priority need. Band C no longer had two Levels.
• Band D: This was phased out so from April 2024, applicants who would have been placed in this Band can no longer join the register. From December, existing applicants in this Band would be removed from the register.

What happened

19. Miss Z moved into her current temporary accommodation in February 2019. The Council placed her and her son there because she was homeless with a priority need. The accommodation was out of the Council’s borough. It accepted it owed her the full housing duty. The following month she reported disrepair to the Council.
20. In 2021, she had another son. He has special needs and disabilities. She argued the property was unsuitable for them. It suffered from damp, condensation, and was infested with pests. Birds, rodents, and squirrels gained access to the wall cavities, for example.
21. Miss Z also claimed they were harassed due to problems her eldest son had locally which included a threat to his life. The records showed a social worker contacted the Council in December 2022 asking for an update on the request to transfer out of the area because of ‘inherent risk’.
22. Due to the youngest son’s mobility problems, Miss Z wanted a ground floor property. She had to carry him up and down stairs to get in and out of the property.
23. Miss Z complained alternative accommodation offered to her was not suitable either. One, for example, was on the top floor of a three storey house.
24. Towards the end of March 2023, the Council discharged its homeless duty to her because it had offered her a property which she refused. The Council considered this offer was suitable temporary accommodation. The letter it sent her went on to say she had then made her own housing arrangements. She was told she had the right to appeal this decision. The letter had no address to Miss Z at its start. Nor have I seen a copy of an email sent attaching a copy of it to her.
25. The Council confirmed while it discharged its housing duty, it did not bring her licence to live there to an end.
26. The same month, the Council agreed her accommodation was not suitable and placed her on the transfer list. There was no record of its decision about the suitability of this property or of it telling Miss Z at the time.
27. The Council did not clarify whether this was the transfer list under Part 6 for current tenants who want to move or a list of those in temporary accommodation who need to move . She was placed on the list because of disrepair in the property.
28. The Council confirmed she had not sent it any information about her son having medical needs. Miss Z disagreed and said she had sent the Council information about her son’s problems, but I have seen no evidence of this.
29. In May 2024, the Council asked her to supply information about her fleeing domestic violence. The records show there was communication from Miss Z about rats in the property. Under the first stage of her complaint, the Council said it agreed her temporary accommodation was not suitable for her needs
30. In July, it received an email supporting Miss Z saying one child had health problems and they had been subject to harassment. Miss Z was asked to get a letter of support for a move from the police.
31. In September, the Council sent its first stage response under its complaints procedure. This explained the managing agents for the property said there was ongoing pest treatment in place from July/August which would take a while to complete. She was also told she could ask for a suitability assessment if she believed it unsuitable. It had no evidence from her of any medical issues. She was in Band B under its allocation scheme. It went on to say she had the option as ‘a successful homeless applicant to request for a suitability assessment of the accommodation by writing to the Placement Team’ or ‘our review team’ if ‘you believe the property is not suitable for your continued operation’.
32. In October, the Council received reports of insects, dead mice, and mould to which the landlord responded. The landlord said works were being done.
33. The Council sent her its stage 2 response under its complaints procedure in November. It explained it had no evidence of her son having medical needs and asked her to provide it. She had not explained what the bad living conditions were. It explained disrepair reports should be sent to the managing agent. There had also been an ongoing pest treatment programme in place. The Council asked her to provide evidence from the police supporting her need for a move.
34. In December, the Council arranged for an inspection of her property as the agents failed to do repairs raised at stage 1. I have not seen the outcome of this inspection.
35. When the Council replied again under stage 2 of its complaints procedure in January 2025, it noted the pest control had no further reports and had made a follow up call about it in November 2024. It had no evidence of any member of the household having medical needs. Nor had it seen the birth certificate for the youngest son. She was told to provide medical evidence and a copy of the birth certificate. When this was received, it would review her housing needs. She was in Band B for a two bedroom property.
36. Miss Z remains in the accommodation, despite the Council saying in its response to my enquiries, she had been transferred.

My findings

37. I found the following on this complaint:
1. In March 2023, the Council offered Miss Z alternative accommodation it considered suitable. When Miss Z refused the offer, the Council decided it had discharged its main housing duty under section 193. She was advised of the decision and her right to appeal it. At this point, the property she was in was no longer classed as temporary accommodation for the purposes of homelessness.
2. We have no jurisdiction to investigate the Council’s decision to discharge the main housing duty owed her. This was because she had the right to challenge it through the courts.
3. Although Miss Z’s property was no longer classed as temporary accommodation, it did not end her occupation of the property. In these circumstances, I consider her property was now interim accommodation for the purpose of homelessness. I say this because while the main housing duty was discharged, it was still accommodation it provided under its homelessness function. This meant the property had to be suitable for her. This also meant while she could ask for the Council to look at its suitability, which it offered her as an option, she had no right to challenge its decision at court.
4. There was no evidence Miss Z asked the Council for a review of the property’s suitability. Despite this, I am satisfied the Council had already accepted it was unsuitable in March 2023, and had failed to move her.
5. There was no record of the Council’s decision about the unsuitability of this property. This was fault.
6. It also failed to show the basis of its decision about its suitability was addressed while she continued to live in it. Put simply, there was no evidence to show the concerns it had about the suitability of the property in March were resolved during her continued stay there. This was fault.
7. It also failed to ensure it explained Miss Z’s legal position to her about her accommodation after its decision to end the main housing duty it owed her.
8. I am satisfied the failure to move Miss Z from her unsuitable accommodation was fault. This caused her avoidable injustice. She and her family remained, and remain, in accommodation that is unsuitable and does not meet their needs.
9. I also considered Miss Z’s banding. She was in Band B under both housing allocation policies. I checked her bidding history and found no fault in the way her bids were considered. The evidence showed the properties she bid for went to applicants who had a higher position under the allocation scheme than her.

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Action

38. I considered our guidance on remedies and Miss Z’s refusal of an offer of a property the Council considered suitable, as well as her right to have appealed it.
39. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send Miss Z a written apology for failing to: move her from her unsuitable accommodation; show a record of its decision that her property was unsuitable; send her its decision which found it unsuitable at the time it was made; act to remove the causes of its concerns about the unsuitability of her accommodation; properly communicate with her about the legal position of her accommodation.
2. Pay £4,050 to Miss Z for the time she remained in unsuitable accommodation (£150 per month x 27 months).
3. The Council will continue to pay Miss Z at the rate of £150 a month until it moves her from her property, or she unreasonably refuses an offer of a suitable property.
4. Review why Miss Z was allowed to remain in accommodation it had already decided was unsuitable, with no additional help from the Council to find suitable accommodation, and take steps to ensure this cannot be repeated on other cases.
5. Act to find Miss Z suitable alternative accommodation it can offer her.
6. Ensure tenants who remain in their temporary accommodation understand the legal position of their accommodation after a decision to end the housing duty has been made
7. Remind relevant officers of the need to inform tenants about unsuitability decisions at the time they are made.
40. The Council should provide us with evidence it has complied with the above actions.

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Final decision

41. I found fault causing injustice on Miss Z’s complaint against the Council. The agreed action remedies the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman