Summary: Miss X complained about the temporary accommodation provided by the Council. We find no fault in the Council’s decision to issue a warning letter about her behaviour or the placements provided. We do find fault in the Council’s delay responding to concerns about the standard of a temporary accommodation and the events leading her to sleep in her car. The Council has agreed to apologise and make a payment to Miss X.

The complaint

1. Miss X complained about the temporary accommodation provided by the Council, raising the following concerns:
1. the Council incorrectly sent her a letter stating that she and her partner had breached the conditions of their temporary accommodation;
2. there was a two-week delay in addressing concerns she raised about a temporary accommodation placement;
3. due to an issue with a hotel booking, she and her partner were forced to sleep in their car for one night;
4. the temporary accommodation placements provided do not meet her health needs; and
5. all temporary accommodation placements have been outside the borough.
2. She says this has impacted her mental and physical health.

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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. 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

5. Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202)
6. Miss X’s temporary accommodation changed frequently, depending on the availability of hotels and B&Bs. She had the right to request a review of each placement’s suitability. However, since she stayed in each place for only a short time, it would not have been reasonable for her to request a review every time she found one unsuitable. I will investigate part d) and e) of her complaint.

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How I considered this complaint

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

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What I found

Relevant law and legislation

9. 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.
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. 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)
13. 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.
14. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) 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)
15. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:

• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

What happened

Background information

16. In September 2023, Miss X told the Council that she was homeless. The Council provided interim accommodation for her and her partner. It also sent a letter advising that if she was asked to leave a placement due to her or a household member’s behaviour, and the Council considered that she lost the accommodation through her deliberate actions, its duty to provide temporary accommodation could end.
17. Miss X asked that any accommodation provided included free parking and a bath.

Miss X’s complaint

18. In late October 2023, Miss X complained about the conditions at the B&B where she was staying, raising that mould in the room was impacting her health. She later reported a lack of hot water. Despite multiple follow ups via email and phone, the Council took two weeks to address these issues, then moved Miss X to another accommodation.
19. In January 2024, the hotel where Miss X was staying reported concerns to the Council about Miss X’s behaviour towards staff, noise disturbances, and complaints about the smell of cannabis coming from her room. Initially, the hotel asked her to leave, but later reconsidered, warning that this would be her final chance. The Council reminded Miss X that being asked to leave would mean its duty to provide temporary accommodation could end.
20. In February, Miss X contacted the Council and asked to be moved to a different hotel, which the Council arranged within three days, ensuring it had free parking and a bath.
21. In March, Miss X was moved back to a previous hotel. However, when she arrived in the early hours of the morning, the hotel said it had no record of the booking and refused her a room. The Council secured alternative accommodation, but check-in was not available until 3pm, forcing Miss X to sleep in her car overnight.
22. Over the following months, Miss X was moved between different hotels based on availability.
23. In September, the hotel where Miss X was staying reported suspected cannabis possession and refused to extend her stay. When the Council contacted Miss X, she became verbally abusive, accused the Council of racism, and the call was ended. The Council then issued her a written warning, reiterating that if she lost accommodation due to her actions, its duty to provide temporary accommodation could end.
24. Later that month, Miss X complained to the Council, stating:
• the written warning was issued unfairly;
• she had been placed in accommodation too far from her support network, and left in accommodation that had no hot water and mould; and
• she had been left without accommodation, forcing her to sleep in her car.
25. In October, the Council responded. It:
• upheld its decision to issue the warning;
• apologised for delayed communication in November 2023 and offered Miss X £225 as compensation for the communication delays and distress caused;
• explained that due to limited availability, it had worked to find suitable accommodation but could not always place her near the borough. However, her current placement in a ground-floor unit with a bath close to the borough would be extended; and
• has investigated the night she had to sleep in her car, stating a confirmed booking had been made, but the hotel failed to honour it for unknown reasons.
26. Miss X was dissatisfied and escalated the complaint. Later that month, she was placed in temporary accommodation within the borough, which included a small kitchen.
27. In its final response, the Council said:
• if the hotel retracted its report from September, it would withdraw the warning;
• it apologised again for the November 2023 communication delays and hotel check in issue; and
• it would review its interim and temporary housing processes to improve coordination with customers and accommodation providers.

My findings

Breach of temporary accommodation conditions

28. The Council acted on reports from the hotel and issued a written warning. After confirming with the hotel, the concerns were upheld. The hotel has not since retracted its report. I find no evidence of fault in how the Council dealt with the concerns.

Delay in addressing accommodation concerns

29. The Council has accepted the delays in investigating Miss X’s concerns and offered £150 for the delayed response and £75 for distress. I have considered the Council’s remedy and find that it is in line with our Guidance on Remedies. I am satisfied the financial remedy is also appropriate to cover the injustice of staying the property and therefore make no further recommendations.

Forced to sleep in her car

30. The Council acknowledged that Miss X was left with no accommodation due to an unknown issue with the hotel. It apologised and committed to reviewing it processes. The issues meant that through no fault of her own Miss X had to sleep in her car for one night. The Council’s failure to ensure accommodation was available was fault and resulted in significant distress and uncertainty.

Temporary accommodation not meeting health needs and placements have been outside the borough

31. The Council considered Miss X’s requests for free parking, specific facilities, and proximity to the borough. While housing stock within the borough was limited, it placed her in accommodation as close as possible while also meeting her other requirements. It later secured her a placement within the borough. After reviewing the placements provided, I find that the Council worked with Miss X to accommodate her requests and find no fault in its actions.

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Action

32. To remedy the injustice caused by the above faults, within four weeks of the date of my final decision, the Council has agreed to: 
• apologise to Miss X in line with our guidance on Making an effective apology; and
• pay Miss X £150, to recognise the distress and uncertainty caused by having to sleep in her car for a night.
33. The Council should provide us with evidence it has complied with the above actions.

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Decision

34. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman