Summary: Miss X complained about how the Council dealt with the disrepair issues at her temporary accommodation. The Council was at fault for its failure to properly deal with and resolve the disrepair issues Miss X reported to it. The Council’s faults caused Miss X distress, worry, inconvenience, frustration and she and her child continued to live in accommodation with recurring disrepair for a significant period. The Council will take action to remedy the injustice caused.

The complaint

1. Miss X complained about how the Council dealt with the following disrepair issues at her temporary accommodation:

• no running drinking water
• damp and mould
• leaks in the bathroom.

2. Miss X said the matter caused her distress, financial loss, affected her and her child’s health and damaged her belongings. Miss X also said the Council’s failings meant she and her child continued to live in an unhealthy and unsafe accommodation for a significant period.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)
5. 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.
6. 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

7. I have investigated matters from December 2023 to December 2024. This period covers 12 months from when Miss X complained to the Ombudsman in December 2024.
8. I have not exercised discretion to investigate matters before December 2023. This is because they are late complaints and there are no good reasons to investigate them now. Miss X was aware of the matter at the time, and I consider she could have complained to the Ombudsman sooner.

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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 my draft decision. I considered any comments before making a final decision.

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What I found

Law and 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 a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that suitable accommodation is available for their occupation. This is called the main housing duty and the accommodation provided under this duty is called temporary accommodation.
13. There is a legal duty for councils to ensure the accommodation is “suitable” for the applicant and household members (section 206 of the Housing Act 1996). Some of the factors councils must consider when assessing the suitability of accommodation include the state of repair and condition of the accommodation and the specific needs of the applicant and any household members due to a medical condition or disability.
14. Applicants can request a review of the suitability of accommodation provided after the authority has accepted the main housing duty whether or not they have accepted the offer.
15. As the duty to provide suitable accommodation is a continuing obligation, councils must keep the issue of suitability of accommodation under review. If there is a change in circumstances the council must consider whether the accommodation remains suitable.

Key events

16. The Council accepted a main housing duty towards Miss X, and she moved into a temporary accommodation (TA) with her child, Y, in March 2023.
17. In June 2024, Miss X reported mould issues at her TA to the Council. The next day, the Council conducted an inspection and stated there might have been a possible leak under and around Miss X’s bath. The Council washed down the mould and painted the affected areas. The Council closed Miss X’s mould report case.
18. In August, Miss X told the Council she had been experiencing recurring damp and mould at her TA. Miss X also reported issues with her kitchen sink tap, no running cold water and wet carpet with mushroom growth at her TA.
19. The Council arranged for a plumber to visit Miss X’s TA in September and recommended a further inspection and additional repairs to be completed by a contractor to fix the water supply issue. The Council closed Miss X’s case.
20. Between September and December, Miss X continued to report multiple ongoing disrepair issues at her TA to the Council. This included various plumbing issues, bathroom, toilet and sink leakages, wet carpets, unpleasant smell, damaged belongings, lack of running water, poor ventilation, damp and mould. Miss X expressed her frustration with how the Council had dealt with the disrepairs and how the matter had affected her and Y’s health. Miss X asked the Council to either fix all the disrepair issues immediately or move her to another property.
21. In late September, the Council told Miss X it was unsure why there was no disrepair report open in relation to her TA, and it said it was possible that the incidents were assumed to have been resolved. The Council asked Miss X to report the disrepairs, and that it would have to re-visit her TA to further assess the reported issues.
22. The Council arranged and conducted further inspections at Miss X’s TA. The Council said it found there had been a leak in a flat above Miss X’s TA which had been fixed but it said it still suspected there was an internal leak which might have caused the recurring damp and mould issues. The Council said a big job would be required to resolve the suspected internal leak, but it temporarily repaired the leak and left Miss X a dehumidifier to help with the damp and mould issues.
23. The Council arranged a contractor to visit Miss X’s TA in October. The contractor found an issue with an internal blockage which was cleared to resolve the lack of water supply. But Miss X informed the Council the water supply stopped again in her TA the same month.
24. Due to the ongoing disrepairs in Miss X’s TA, the Council offered Miss X an alternative hotel accommodation as an interim measure in November. Miss X said the alternative TA was unsuitable to meet her household’s needs and she refused the Council’s offer.
25. Miss X submitted a health and disability application based on medical grounds with supporting evidence to increase her housing allocation points.

Complaint

26. Miss X made a formal complaint to the Council about the ongoing disrepair issues in her TA. In particular, Miss X complained about the Council’s failure to resolve the recurring damp and mould, leak in the bathroom sink and tap and that there had been no running drinking water in her TA for several months.
27. In its responses, the Council:
1. said since Miss X reported the damp and mould issue to it in June, it had visited her TA, inspected and attempted to resolve the issue which included an internal leak. But the Council acknowledged it failed to properly investigate the source of the internal leak which may have caused the recurring damp and mould issue in Miss X’s TA. The Council said it would continue to take appropriate steps to investigate the internal leak, and it booked a further inspection for a date in December to reassess the damp and mould issue.
2. advised Miss X to complete a public liability insurance claim form and return it to the Council for consideration in regard to damages to her belongings.
3. acknowledged it failed to properly deal with the water supply issue. The Council said despite the plumber’s recommendation in September, it failed to promptly appoint a contractor to conduct further inspection and complete additional repairs. The Council explained that the contractor later identified an internal blockage which the Council should have regularly checked, and which should have been fixed by the plumber in September. The Council found Miss X was therefore left without water supply for longer than necessary. It also said it was aware the problem had recurred, and it hoped to find a resolution to the matter as soon as possible.
4. advised Miss X she could request a suitability review of her TA based on the fact Miss X complained the disrepair issues were affecting her and Y’s health. The Council said if the TA was found to be unsuitable, Miss X may be moved to another TA.
5. upheld Miss X’s complaint, it apologised to her and made her a financial offer of £320 for its failings and any upset caused to Miss X.
28. Miss X remained dissatisfied with the Council’s responses, and due to the unresolved disrepair issues at her TA, she made a complaint to the Ombudsman. Miss X confirmed she did not accept the Council’s £320 financial offer.
29. Miss X subsequently confirmed her health and disability application was successful. Miss X said she moved to a permanent accommodation in March 2025 through the Council’s bidding process.
30. Miss X said the Council did not resolve the disrepair issues she raised with it as of when she moved out of the TA.

Analysis

31. A legal duty lies with councils to ensure applicants are in suitable accommodation which is free from disrepair or hazards. And where there is persistent or recurring disrepair which has not been remedied, we would expect the Council to be pro-active and undertake thorough investigation to establish the underlying cause of the disrepair and the remedial works required.
32. In this case, I find fault by the Council for its failure to properly investigate the underlying causes of the different disrepair issues Miss X complained about in her TA. Miss X repeatedly reported disrepair issues to the Council from June 2024 to December 2024. While I note the Council conducted several inspections and some remedial works, the disrepair issues remained unresolved as of December 2024 when Miss X complained to the Ombudsman. This meant the Council was unable to resolve the disrepair issues in Miss X’s TA for approximately six months (June 2024 - December 2024). This was fault. It caused Miss X distress, worry, inconvenience, frustration and she continued to live in an accommodation with recurring disrepair with Y for longer than necessary.
33. I find further fault by the Council for closing Miss X’s report about the water supply issue in September when it had not fully investigated and resolved the matter. This was fault. It caused uncertainty to Miss X in not knowing if the Council properly investigated the underlying issues of the lack of water supply in her TA.
34. The Council lost sight of its continuing duty to keep the suitability of Miss X’s TA under review. I find the Council should have considered offering Miss X a temporary accommodation sooner, while it carried out the repairs in her TA. In particular when Miss X repeatedly raised her different disrepairs concerns and how it affected her and Y’s health. It was not until November 2024 when the Council offered Miss X with an alternative hotel accommodation as an interim measure and advised her, she could request a suitability review of her TA. These were faults.
35. But on balance, I cannot say this would have caused Miss X an injustice had the Council reviewed the suitability of her TA sooner. This is because there was no evidence to show Miss X requested a suitability review of her TA when the Council advised her of her review right in November. Miss X did not request a suitability review of the alternative TA offer which she refused because she said it was unsuitable for her household’s needs. I therefore find this mitigated the injustice caused to Miss X and this will be addressed in the ‘action’ section below.
36. I note the Council had apologised and made a financial offer of £320 to Miss X, but I consider these remedies are not proportionate to remedy the injustice caused to Miss X. This will be addressed in the ‘action’ section below in line with our guidance on remedies.

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Action

37. To remedy the injustice caused by the faults identified, the Council has agreed to complete the following within one month of the final decision:

• apologise in writing to Miss X to acknowledge the distress, worry, inconvenience and frustration caused to her by the Council’s failings as identified above. The apology should be in accordance with our guidance, Making an effective apology
• pay £1,200 to Miss X to acknowledge she and Y lived in accommodation with recurring disrepair over a significant period. This remedy covers a six-month period (June 2024 – December 2024) at £200 per month in line with our guidance on remedies. I have considered the mitigating factors of Miss X’s refusal of alternative temporary accommodation and her failure to exercise her suitability review rights
• ensure thorough investigations of recurring disrepairs are completed and resolved in a timely manner
• remind relevant staff of the importance of ensuring all disrepair issues have been resolved before the case is closed on the Council’s system
• by training or other means, remind relevant staff of the Council’s duty to keep the suitability of applicants’ temporary accommodation under review.

38. The Council should provide us with evidence it has complied with the above actions.

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Decision

39. I find fault by the Council causing injustice to Miss X. The Council will take action to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman