Summary: There was fault by the Council. The Council said the complainant’s housing was unsuitable but based its decision on the wrong information. This was fault. An apology and payment for Miss X’s distress remedies the injustice.

The complaint

1. The complainant, Miss X, complains she has been in unsuitable Temporary Accommodation since October 2024. Miss X says they are severely overcrowded and need housing that is more suitable for their needs.

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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 the 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(1), as amended)

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What I have and have not investigated

4. I have investigated events from October 2024 when Miss X first told the Council the accommodation was unsuitable. 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) Events before this date are over 12 months old and I have not exercised discretion to investigate as Miss X could have complained to the Council earlier.
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
6. I have not investigated events from July 2025 when Miss X complained to the Council that she felt unsafe in her accommodation, as the Council has not considered this through its complaints procedure. If Miss X wishes, she can make a new complaint to the Council about events after that date.
7. I have not investigated Miss X’s complaints about damage to her possessions due to mould. This is because we would expect Miss X to have insurance to cover her belongings.

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How I considered this complaint

8. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
9. 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

10. Miss X and her three children were placed in one bedroom Temporary Accommodation in August 2023 when they moved to the Council’s area.
11. In February 2024 the Council wrote to Miss X to say it accepted she was eligible for housing assistance under section 184 of the Housing Act 1996 and the Council accepted the full Housing Duty towards her.
12. Miss X requested a suitability review of the temporary accommodation on 21 October 2024 but withdrew it.
13. The Council responded to her stage 2 complaint on 8 January 2025 to say that would undertake a non-statutory suitability assessment review.
14. The Council reviewed the suitability of the temporary accommodation on 23 January 2025. It found the accommodation was unsuitable as it was statutorily overcrowded, there was shared kitchen facilities and major disrepair issues. The Council said it would put Miss X’s family on the transfer list to be moved to another temporary accommodation. It said ‘please be advised that this move will not happen anytime soon and the transfer team will contact when they have suitable accommodation.’
15. In response to my enquiries the Council said that the decision of the review on 23 January 2025 was wrong and it considers the temporary accommodation was suitable. The Council has said that the officer wrongly said that the accommodation shared a communal kitchen and that it is not statutorily overcrowded as there are sufficient liveable rooms to avoid persons of the opposite sex aged 10 and over, not to have to share. The Council has also said that it is satisfied the accommodation is suitable having regard to the information on disrepair and mould, as this was able to be treated by the property manager. The Council has said that it is willing to send Miss X a corrected decision letter, which would give her a new right of review.
16. However, Miss X has now accepted an offer of permanent accommodation and is due to move in soon. So, there is no benefit in the Council sending her a corrected decision letter on the temporary accommodation she is no longer living in as the situation has moved on and she has now got permanent housing.
17. There has been fault by the Council, it’s review decision of 23 January 2025 was based on the wrong information. This was fault. However, other than distress and uncertainty, it has not caused Miss X a significant injustice as it does not seem that the Council considered the accommodation unsuitable and so would not have moved her family if the decision had been correct.
18. Miss X is now due to move to permanent housing. However, she has been caused distress by the Council’s fault and wrong decision. She has made complaints and put time and effort into trying to work out what had happened, which has been made worse by the Council’s wrong decision. In order to remedy the injustice I consider the Council should apologise and make a payment to her of £500.

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Action

19. Within one month of the date of the decision the Council should:
• Apologise.
• Pay Miss X £500.
20. The Council should provide us with evidence it has complied with the above actions.

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Decision

21. I have completed my investigation and I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman