Summary: Miss X complained the Council placed her in unsuitable accommodation after she made a homelessness application. She said the Council’s actions negatively impacted her mental and physical health. We found no fault by the Council and have concluded our investigation.

The complaint

1. Miss X complained the Council placed her in unsuitable accommodation after she approached the Council as homeless. Miss X said the accommodation had a step which was difficult for her to manage due to her disability. She said the accommodation also had a bath which was inaccessible to her and the property was mouldy and damp. Miss X said the Council’s actions negatively impacted her mental and physical health. She would like the Council to find her more suitable accommodation.
2. Miss X also complained about the staff at the location where she was staying. She said they did not allow her carer to collect her post for her.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as holiday parks. (Local Government Act 1974, sections 25 and 34(1), 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)
7. 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

8. I have investigated the complaint referred to in paragraph one. I have not investigated the complaint referred to in paragraph two because this relates to the actions of the organisation’s staff in relation to the collection of Miss X’s post.

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How I considered this complaint

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

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What I found

Legislation and statutory guidance

11. 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.
12. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them. The threshold for triggering the duty to make inquiries is low. The person does not have to complete a specific form or approach a particular department of the council. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5)
13. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
14. 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)
15. 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)
16. 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)
17. 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.

What happened

18. This chronology includes key events in this case and does not cover everything that happened.
19. Miss X approached the Council as homeless in early July 2024. The Council placed Miss X in interim accommodation in an apartment located in a holiday park.
20. Miss X contacted the Council the following day and asked if she could move to another apartment onsite. She said the apartment in which she was staying had a step, which she said was “fine”, but also had a bath which she said she could not access due to her disability. Miss X said the accommodation also had mould on the bedroom walls, and the windows were faulty.
21. The Council made inquiries to Miss X’s GP practice about whether her health condition meant she was unable to manage getting in and out of a bath or using a few steps. The GP practice confirmed the diagnosis of Miss X’s health conditions and said this may affect her mobility.
22. The Council requested additional information about Miss X’s mobility and her ability to use a bath. It also visited the accommodation. At about the same time, the Council told Miss X an assessment was being arranged to assess her housing needs. It said the accommodation was on the ground floor because Miss X sometimes used a wheelchair. The Council said it was speaking with the holiday park about the mould and asked Miss X to ventilate the property in the meantime.
23. The Council accepted the relief duty on 9 July 2024 and notified Miss X of its decision to provide interim accommodation. It informed Miss X it was satisfied the accommodation provided was suitable.
24. The Council made further inquiries about what type of support Miss X received. It considered it may move Miss X to an alternative placement once it received relevant information confirming she required a shower rather than a bath. At about the same time, the Council visited Miss X at her accommodation. It noted the park’s maintenance team had repaired the windows so that these could be opened.
25. The Council contacted Miss X on 11 July 2024 and said it considered the accommodation was suitable. It said the damp was low level and that it had asked the park to rectify the issue. The Council said however the problem may be worsened by Miss X hanging wet clothes inside the property to dry.
26. The Council received a supporting evidence form completed by an occupational therapist which recommended level shower access for Miss X. The Council requested a further medical summary.

Miss X’s complaint

27. Miss X complained to the Council on 19 August 2024. She said the park’s reception staff had told her carer that they could not collect Miss X’s post. Miss X also complained the Council had delayed moving her to alternative accommodation.
28. The Council responded on 20 September 2024. It acknowledged Miss X’s comments that she was finding it difficult at the accommodation, but said it had no alternative accommodation that it considered to be more suitable.
29. Miss X escalated her complaint to stage two. She said the Council had not yet made a decision on whether it owed the main housing duty, and said the Council had left her in unsuitable accommodation for too long.
30. The Council accepted the main housing duty on 4 October 2024. It notified Miss X of its decision and informed her that the interim accommodation in which she was staying would now become temporary accommodation. The Council said it was satisfied the accommodation was suitable and informed Miss X of her right to request a review of its decision.
31. On the same day, the Council notified Miss X that she was successful in her bid for an alternative social housing property. The Council informed Miss X of her right to review this decision.
32. On 14 November 2024, the Council provided its stage two complaint response. It said the Council had limited options for temporary accommodation and it sometimes had to use locations like the holiday park or bed and breakfast accommodation. The Council said it was buying properties to use as temporary accommodation, but it still did not have enough for the number of people who require assistance.
33. Miss X remained dissatisfied with the Council’s response and brought her complaint to us.

What happened next

34. Miss X moved to alternative social housing in February 2025.

Analysis – main housing duty and the right to request a review

35. Some decisions on homelessness can be challenged by seeking a review of the decision and then using the right of appeal to the county court if the review is unsuccessful. The suitability of accommodation provided following acceptance of the main housing duty is a decision that carries such a right.
36. The Council informed Miss X that it considered her accommodation was suitable when it accepted the main housing duty on 4 October 2024. Miss X therefore had the right to request a review of the suitability of the accommodation from this date.
37. The law says we cannot normally investigate a complaint when someone could take the matter to court. It was reasonable for Miss X to use her right to request a review, and the subsequent right of appeal to the court. As a result, I have not investigated Miss X’s complaint for the period after 4 October 2024.

Suitability of interim accommodation

38. Whilst there are no review and appeal rights about the suitability of interim accommodation, councils must ensure all accommodation provided to homeless applicants is suitable for their needs. The Homelessness Code of Guidance for Local Authorities says housing authorities are required to assess whether accommodation is suitable for each household individually.
39. I acknowledge Miss X says the accommodation was not suitable because of difficulties with her mobility, mould in the property and faulty windows. I have reviewed the Council’s records which shows the Council visited the accommodation, sought advice and considered the concerns raised by Miss X.
40. The Council sought medical advice but received no evidence that Miss X could not access the bath or the property itself. Regarding the step, the Council assessed this to be the lower edge of the doorframe rather than a step. In addition, Miss X’s email to the Council dated 4 July 2024 stated that the step in question was “fine”.
41. Regarding the mould, the Council noted the presence of a “low level” of mould but considered this may have been present in part as a result of Miss X hanging wet clothes inside the property. The Council made inquiries with the holiday park’s maintenance team who subsequently treated the area with anti-mould products. The Council’s records also state the maintenance team attended the property to ensure the windows could be opened for ventilation.
42. I acknowledge Miss X’s comments regarding the accommodation. However, the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision.
43. I have considered the steps the Council took to consider the issues raised by Miss X, and the information it took account of when deciding whether the accommodation was suitable. I have found no fault in how the Council took this decision and I therefore cannot question whether that decision was right or wrong. As a result, I have found no fault by the Council regarding this matter.

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Decision

44. I have found no fault by the Council and have concluded my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman