Summary: Mr D complained about the Council not carrying out repairs to his temporary accommodation and about its decision to not award him an additional bed space for a carer. I have found fault by the Council because it has delayed carrying out repairs. The Council has agreed to assess what repairs are outstanding, schedule the works and pay Mr D redress for the delay.

The complaint

1. The complainant (whom I refer to as Mr D) say the Council failed to resolve various problems with his temporary accommodation:
• Failed to award an additional bedspace for a carer
• Incorrectly assessed his medical band review
• Failed to carry out repairs to a fence, a hole in the kitchen, an insecure front door and issues with the water supply
• Failed to advise whether there had been procedural failings by the Temporary Accommodation Officer
• Fail to review the suitability of the temporary accommodation

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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 future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
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)

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What I have and have not investigated

4. I have considered what happened from April 2023 through to October 2024 when Mr D complained to the Ombudsman.
5. Mr D referred to issues with data handling which he has already, correctly, referred to the Information Commissioner.

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How I considered this complaint

6. I considered evidence provided by Mr D and the Council as well as relevant law, policy and guidance.
7. I shared my draft decision with both parties.

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What I found

What happened

8. Mr D lives in temporary accommodation. He reported repair issues to the Council and an Accommodation Officer (Officer) visited the property on 9 June 2023. I do not have any notes of the visit other than a form the Officer filled out listing repairs needed to a bedroom door, ceiling repair and kitchen unit area. The Officer emailed Mr D photographs she had taken on 16 June stating she reported the repairs to the contractors for a quote to carry out the works. The photographs showed a void area under a kitchen unit where the gas boiler had been removed and left a hole along with photograph of a bedroom door and a ceiling. I have not seen any further evidence of when the works were requested or whether they were completed.
9. On 16 August Mr D told the Council his fence had been damaged. The Officer replied four days later that someone would take photographs of the fence and arrange a repair. I have no evidence from the Council to show what action was taken about the fence in 2023. The Council says there was a delay because of insurers.
10. On 20 March 2024 Mr D asked the Officer for an update on the fencing. I understand the repairs to the fence were completed on 2 April. On 23 April Mr D told the Officer there were issues with the water supply at the property and he asked for advice on how to resolve this. The Officer replied on 9 May, the landlord would get someone to look at the water supply and this could possibly be a joint visit to inspect the gas safety. Mr D also told the Officer on that day about a cockroach issue at the property. On 15 May the Officer spoke to Mr D; I do not have a note of the conversation, but they emailed Mr D the same day and advised him to contact Pest Control. The Officer reiterated the water supply would be looked at during an inspection once Mr D provided a date for a visit. The Officer also said that if Mr D had medical concerns he should send in evidence and the Council would have a Medical Advisor assess the case.
11. On 16 May Mr D complained about the Officer and asked for his case to be reallocated. The Council replied the same day that it would change the Officer and that was ‘best for all involved’. Any issues with the property would be investigated by the new Officer and he needed to allow access for inspections. The Council also advised him to send in medical documents so it could assess whether an additional bedspace for a carer was needed. On 3 June the new Officer emailed Mr D and asked for his medical evidence. On 10 June Mr D told the Council repairs were outstanding at his property including a hole in the kitchen where a boiler had been removed. He believed this was the entry point for the cockroaches. He had reported the hole in 2023, and no action had been taken. He also sent the Council some medical information and said he wanted his housing band amended. That same day the Council replied, the Officer would arrange to inspect the property and have the medical documents assessed. The case was referred to the Medical Advisor on 18 June. The Council asked for a review of the housing band. On 19 June it also asked if Mr D was eligible for an additional bedspace to accommodate a live-in carer. The Medical Advisor told the Council there was no evidence the property had a major adverse effect on Mr D and medical priority did not apply. In respect of an additional bed space Mr D’s care needs could be met by visiting carers and a live-in carer was not medically essential. On 21 June the Officer told Mr D about the Council’s decision, it had concurred with the Medical Adviser and not found evidence of a need for a live-in carer or medical priority. They also sought to arrange a date for a site visit.
12. The Officer visited the property on 8 July. I have no note of the inspection or what repairs were agreed. On 17 July the Officer asked Pest Control to attend the property. On 23 July the Officer asked contractors for a quote on repairs to bedroom doors and a window. Pest Control carried out treatments from the end of July through to September when Officers noted the treatments had worked and activity had been significantly reduced.

What should have happened

Bedspace for a carer

13. Where a housing applicant wants an additional bedpace for a carer the Council will only include the carer on the application where it is satisfied:
• A live-in carer is essential on a 24 hour, daily and continuing basis
• The carer has move in or is ready to move into accommodation when it becomes available
• A Manager in the Housing Assessment Team (in consultation with either the Council’s Medical Adviser or Adult Social Care) agree a live-in carer is essential.
14. The Council’s Medical Advisor will assess the evidence provided by the applicant and advise the Council on whether they consider the relevant criteria are met. The Council will then decide if an additional bedspace is needed and notify the applicant of its decision.

Medical banding

15. The Council’s Medical Advisor will consider evidence provided by an applicant to see if they should be awarded medical need. They will advise the Council, and the Council decides on whether medical need has been evidenced. Where the Council finds the medical need is ‘mild, moderate, temporary or intermittent’ the applicant will not receive any priority. The Council assesses the suitability of housing circumstances rather than the clinical severity of the medical condition.

Repairs

16. Where an applicant is in temporary accommodation they can report repair issues to the Council. The Council says an Officer will inspect the property before and after repairs are carried out and take photographs. The timeframe for repairs will vary depending on the works needed but the Council says it ensures repairs are completed within the agreed timeframe.

Suitability review

17. The Council should keep the suitability of temporary accommodation under review. If a tenant in temporary accommodation tells the Council it is unsuitable, the Council should advise them about how suitability can be assessed.

Was there fault by the Council

18. The Council failed to carry out repairs in a reasonable timeframe or show to me that it kept Mr D updated. Despite two requests to the Council for evidence on how the repairs were handled I have only received minimal documentation which makes it impossible to say with any certainty whether some repairs were carried out. Mr D reported an issue with a bedroom door in June 2023 and this appears to have been outstanding and noted in the July 2024 site visit. The hole in the kitchen where a boiler was removed was photographed in June 2023, but I have no evidence to show any specific repairs were requested or how the Council checked to see why the repairs were outstanding. When I spoke to Mr D in February 2025, he confirmed the repairs remained outstanding in the kitchen. That is an unacceptable delay. Mr D told me he had reported an insecure front door; I cannot find any evidence of this report to the Council. I asked the Council to check the front door, and I expected it to visit the property in March. That did not happen and a visit to check what repairs are needed remains outstanding.
19. Mr D raised the water supply issue with the Council on 23 April 2024 and the Council said it would consider and advise after a site visit. I see a site visit occurred on 8 July, but I have no record of whether the water supply was discussed. When I asked the Council about this it initially told me Mr D had not reported the water supply problem before 2025. I advised the Council that was incorrect and asked it to provide advice and, if appropriate, assistance to Mr D when it visited this year. As set out above that visit has not taken place in the timeframe I would expect. I have no evidence that any advice has been given to Mr D on this point for over 12 months. That is fault by the Council.
20. The Council says the fence repairs were delayed because of its interaction with insurers. I have not seen any supporting evidence. I also have not seen any evidence of the Council advising Mr D about the timeframe. It took eight months to complete the repairs to the fence which I consider to be delay.
21. In respect of the pest control issue. I cannot say what the entry point was for the cockroaches as it is not detailed by the Pest Control Officers who attended. I see Mr D requested assistance in May, but Officers were unable to inspect the property until July. After that inspection the Officer requested Pest Control visit the property. The treatments were then made in a timely manner. I do not see there is unreasonable delay by the Council.
22. Mr D asked the Council to review his housing band in 2024. The evidence shows me the Council followed the correct process. The evidence provided by Mr D was sent to the Medical Advisor to assess who considered it and advised the Council. The Council found no medical priority and notified Mr D of the decision. Mr D also asked for an additional bed space to accommodate a live-in carer. Again, the evidence shows me the Council adhered to the correct process. It asked the Medical Advisor to assess. The Medical Advisor took account of the information provided and advised that a live-in carer was medically essential. The Council notified Mr D of its decision. I appreciate Mr D disagrees with those two decisions by the Council, but they are decisions the Council is entitled to reach. We cannot challenge those decisions because the correct process has been followed.
23. Mr D queried if there had been procedural failings by the initial Officer causing her reallocation. The evidence shows me the Council allocated a new officer to Mr D in 2024 at his request, it was not done because of any errors by the Officer which the Council has failed to tell Mr D about. There is no fault in this matter.
24. I asked the Council whether Mr D had requested a review of the suitability of the property. The evidence shows no request for a review was made to the Council. Instead, Mr D specifically asked the Council to assess his medical priority and housing band which is a separate process to a suitability review. I have asked the Council to discuss the suitability assessment process and review rights with Mr D when it carries out a site visit.

Did the fault cause an injustice

25. Mr D has had to wait longer than is reasonable for repairs to his accommodation. The hole in the kitchen appears to remain outstanding since June 2023 and the water supply issue still needs to be inspected and discussed with Mr D over 12 months after he first asked the Council for help.

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Action

26. The Council has agreed to my recommended remedy and will:
• Visit the property as a priority to assess any outstanding repairs and provide Mr D with a clear timeframe for when the repairs will be completed. In addition, to advise on the water supply issue and explain to Mr D about how the suitability of temporary accommodation is kept under review
• Pay Mr D £300 for the delays in repairing the property
27. For service improvements the Council should also:
• Advise the Ombudsman how it will improve its record keeping and monitoring of repairs to temporary accommodation
28. The Council should provide us with evidence it has complied with the above actions within four weeks of this case closing.

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Decision

29. I find fault causing injustice. I have completed the investigation because the Council accepted my recommendations.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman