Summary: Mr X complained about the Council’s handling of his temporary accommodation placements. He said the Council actions frustrated and distressed him and his family lived in unsuitable accommodation. There was fault in the way the Council did not initially consider the suitability of Mr X’s accommodation, did not offer him an appeal right and placed him in unsuitable accommodation. Mr X and his family lived in unsuitable accommodation for 12 months. The Council has agreed to apologise, make a financial payment and provide guidance to its staff.

The complaint

1. Mr X complained about the Council’s handling of his temporary accommodation placements. He said the Council actions frustrated and distressed him and his family lived in unsuitable 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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What I have and have not investigated

5. I have not investigated any part of Mr X’s complaint relating to individual staff conduct.

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How I considered this complaint

6. I read Mr X’s complaint and spoke to him about it on the phone.
7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

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. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
11. 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)
12. 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)
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.
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. 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.
16. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:

• eligibility for assistance;
• not in priority need;
• intentionally homeless;
• suitability of accommodation;
• notice being given of deliberate and unreasonable refusal to cooperate and the effect of the notice is to bring the relief duty to an end.

17. These periods can be extended if the applicant agrees in writing.
18. The council must advise applicants of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)
19. 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 accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
20. 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)
21. 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)

22. Wherever possible, Councils should avoid using bed and breakfast accommodation. (Homelessness Code of Guidance paragraph 17.33)
23. Bed and breakfast (B&B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

What happened

24. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
25. The Council accepted Mr X was homeless and placed him, and his two children, in B&B accommodation in November 2023. It moved him to a one-bedroom property in December 2023.
26. Mr X raised some concerns about the property in January 2024. The Council arranged for repairs. A contractor completed works on a leak within a week. Mr X reported other concerns at the property. The contractor visited but needed to get materials. Mr X reported mould at the property at the end of January 2024. The Council disagreed this was mould and provided Mr X with information about ventilating a property.
27. The Council accepted the main housing duty in February 2024. It moved the family to a new property.
28. In June 2024 the Council confirmed it was trying to move Mr X, but it had not found a property.
29. Mr X complained in July 2024. He complained about the standard of the property and said he was told the Council would move him but it did not.
30. The Council issued its complaint response in August 2024. The Council response set out it did not have concerns about the condition of the property. It did accept the property was not suitable for Mr X and his family.
31. Mr X continued to raised concerns with the Council. He asked the Council to escalate his complaint to stage two in September 2024.
32. The Council issued its stage two response in October 2024. The Council said its opinion differed from Mr X and it would allocate a named officer to support him. The response did offer Mr X £100 for delays completing some repair work.
33. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to apologise and increase its financial payment offer to compensate him.
34. In response to my enquiries the Council stated it told Mr X the property was not suitable in August 2024, after his complaint response. It also stated it “should have acknowledged the unsuitability at the point of offer in writing”.
35. Mr X moved to a different property within the same building in November 2024. He reported issues with this property.
36. Mr X moved to permanent accommodation at the start of February 2025.

My findings

37. Mr X reported concerns with the accommodation the Council offered throughout this case. The Council first placed him in B&B accommodation and then a property in December 2023. Mr X reported issues with the previous placements. The Council either moved Mr X, or arranged for works to be completed within a reasonable timescale. I have not seen any evidence of the issues Mr X stated were continuing. The Council has evidenced it considered the reports, completed repairs to urgent concerns but disagreed with other reports. This is a decision the Council can make. Without any evidence I cannot say, even on the balance of probabilities, this accommodation was not suitable. The Council was not at fault.
38. However, when Mr X moved in February 2024, he moved to a property the Council later confirmed was not suitable. When it offered this property, the Council did not give Mr X his suitability appeal right. This is fault, frustrating Mr X. I therefore consider it reasonable he has not formally appealed the suitability of his accommodation.
39. The Council told Mr X this property was not suitable in August 2024. The Council has not evidenced any assessment to confirm the property was suitable for Mr X and his family. In response to my enquiries, the Council stated the property was not suitable when it offered it to Mr X. Given this it is reasonable to say, on the balance of probabilities, the property was not suitable for Mr X from when he moved in in February 2024. This is fault.
40. The Council said it did not find suitable accommodation due to a shortage of properties. While the Ombudsman acknowledges issues sourcing accommodation, the Council’s duty to provide suitable temporary accommodation is immediate, non-deferrable and unqualified. The Council did not fulfil this duty, as it accepted the property was not suitable. Failure to place Mr X in a suitable property is service failure and is therefore fault.
41. The Council moved Mr X to another property in the same building. There is no evidence the Council considered this property suitable for Mr X. This is fault. The Council accepted in its response to my enquiries this property was not suitable.
42. The Council moved Mr X and his family to a suitable two-bedroom property in February 2025. The delay moving Mr X and his family to suitable accommodation caused an injustice as they lived in unsuitable accommodation for 12 months. Our Guidance on Remedies recommends a payment of £150 - £350 for each month spent in unsuitable temporary accommodation. The figure should be based on the impact on the complainant and other household members and take account of factors such as:
• overcrowding and disrepair;
• any specific needs arising from a disability – for example, a wheelchair user who cannot access some rooms; and
• any particular vulnerability of the complainant or household members. So a situation where three young children had to continue sharing a bedroom would usually require a remedy at the lower end of the range; and a situation where a disabled person could not access bathing facilities would usually require a remedy at the upper end of the range.”
43. The Council accepted the accommodation was overcrowded because Mr X shared a room with his two young children. In line with the guidance on remedies, a payment of £150 per month is suitable for this case.

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Agreed action

44. To remedy the outstanding injustice caused to Mr X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Mr X for the fault I have identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mr X £150 per month to recognise the unsuitability of the accommodation and its effect on him and his family for 12 months, totalling £1,800.
• Remind relevant staff to inform applicants about their appeal rights when offering accommodation.
45. The Council should provide us with evidence it has complied with the above actions.

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Final decision

46. I have completed my investigation. I have found fault by the Council, which caused injustice to Mr X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman