Summary: Miss B says the Council left her family in B&B accommodation and delayed issuing a decision on her homelessness application. I have found the Council at fault. Miss B was in B&B accommodation for 24 weeks and there was around 10 weeks delay issuing her main housing duty decision. The Council has agreed to pay redress for the delays and expenses incurred by Miss B.

The complaint

1. The complainant (whom I refer to as Miss B) says the Council placed her in B&B accommodation for over five months and delayed issuing its main housing duty decision. Because of the limited kitchen facilities the family had to pay for takeaway meals. Miss B also says the accommodation was damp and her children’s clothes had to be thrown away because of mould.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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 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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How I considered this complaint

5. I considered evidence provided by Miss B and the Council as well as relevant law, policy and guidance.
6. I shared my draft decision with both parties.

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What I found

What happened

7. On 7 June 2024 Miss B, her partner (Mr B) and two children became homeless. They approached the Council for assistance and said they needed to stay in a specific area to be close to support. The Council placed them in emergency B&B accommodation. On 12 June the Council accepted a relief duty towards Miss B’s household, and they were awarded band B to bid for advertised social housing properties. On 19 June the Council offered Miss B hotel (B&B) accommodation, and the family moved on 21 June. In July the Council requested evidence for assessing the homelessness application which the couple provided that month and in August. On 7 August Mr D told the Council the interim accommodation was too small and having an impact on his mental health. The Council replied the next day, if the family had medical issues, it should submit evidence for the Council to assess. It recognised the family had remained in B&B accommodation for over six weeks and had escalated the case to the Temporary Accommodation Manager.
8. On 20 August Miss B told the Council it was unfair she was not in band A for housing and had been in B&B accommodation too long. On 13 September the Social Worker for the family asked the Council to progress the case more quickly. On 18 September the Temporary Accommodation Team contacted Mr B and discussed a possible self-contained property that could be offered as interim accommodation. The Council says this property was not formally offered because of delays carrying out works on it. On 19 September Mr B confirmed the family wanted to remain in a specific area. On 2 October an Officer noted the Housing Officer dealing with the case was away from work. On 7 October the Council noted the Housing Officer would be back at work shortly.
9. On 11 October Miss B and Mr B complained to the Council about their interim accommodation. They had not heard from their Housing Officer and had not received a decision on their homelessness application. They were in one room at the B&B with mould on the walls, condensation, leaks and vermin. The damp had meant bags of clothing had been spoiled and disposed of. On 11 October the Council noted the Housing Officer was still away from work. An Officer asked if the family could be moved to named self-contained interim accommodation (property X) as they had ‘been in B&B the longest’. That day the Council spoke to Miss B and offered property X which was currently undergoing repairs before it could be let.
10. On 16 October the Housing Officer contacted the family on returning to work. They would be sending a main duty decision for approval soon. The next day the Council advised Miss B there were delays with works to property X. Miss B said she would wait for the property. Also on 17 October the Council notified Miss B it had accepted a main housing duty. The family now had been awarded band A for the housing register. On 18 October a Family Support Worker emailed the Council. They had visited Miss B at the B&B. The property was in a poor condition with mould, leaks, rotten and unsafe windows which could not be opened in the room where the family were living. There was a broken microwave in the kitchen, the Manager had been rude and the ‘accommodation is in a very poor state’. The Council replied that it had forwarded the issues to the Temporary Accommodation Team and the family were due to receive an offer on property X the next week.
11. On 1 November the Council advised Miss B there were further delays getting property X in a condition to let. It offered alternative accommodation out of the area, Miss B confirmed she wanted to remain in the area and would wait. On 15 November the Temporary Accommodation Team Leader and an Officer agreed to visit Miss B and view the condition of the B&B on 20 November. Also that day the Council issued its complaint response. It accepted there had been ‘considerable delay’ issuing the main housing duty decision. It confirmed the Temporary Accommodation Team had been looking for self-contained accommodation for the family. Property X had been found but was subject to long delays with repair works and was not ready to let. On 19 November Miss B cancelled the site visit with the Council due to family commitments. The next week Miss B signed the licence for property X and the family moved to self-contained temporary accommodation.
12. On 9 January the Council received notification from the Ombudsman of a premature complaint from Miss B and logged a second stage complaint to consider. On 24 January the Head of Service Housing and the Housing Operations Manager made an unannounced visit to the B&B Miss B had previously occupied. They inspected the communal areas and the room previously occupied by Miss B’s family. They found the B&B to be clean and in a reasonable condition. They did not see evidence of damp and mould.
13. On 4 February the Council issued its final stage complaint response. It said the B&B had been visited. It offered Miss B £500 for distress. It would also consider reimbursement for out of pocket costs with evidence. The site inspection found the rooms were clean and not damp. On 6 February Miss B accepted £500 from the Council but requested a payment for the money spent on food and clothing whilst at the B&B. She enclosed bank statements and photographs of the accommodation. I understand Miss B also provided medical evidence in February 2025. On 3 April the Council paid Miss B £500. On 10 April it told Miss B the B&B accommodation had basic cooking facilities including a communal microwave. The Council was satisfied there was basic food preparation facilities for Miss B and so would not reimburse her for the cost of takeaways. In respect of spoiled clothing the Council had not seen evidence of clothing being ruined by mould at the accommodation and without that evidence it could not make a payment.

What should have happened

The relief duty

14. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

15. 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 accommodation is available for their occupation (unless it refers the application to another housing authority under section 198). (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Interim and temporary accommodation

16. There are two types of accommodation councils provide for certain homeless applicants: interim accommodation and temporary accommodation. 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.

B&B accommodation

17. 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)
18. The Council’s Temporary Accommodation Team keep a record of all households in B&B accommodation. They seek to place those households into self-contained accommodation as soon as possible but there is a limited supply of accommodation.

Banding

19. The Council advertises available social housing and eligible housing applicants can bid. The Council usually awards the property to the applicant with the highest housing band and longest effective date. Priority bands are awarded by the Council. Eligible homeless applicants are placed in band B. Once the Council accepts a main housing duty the applicant is moved to band A (the highest priority).

Was there fault by the Council

20. The Council accepts the family remained in B&B accommodation for 24 weeks: 18 weeks longer than allowed. I can see from the evidence the Council did actively try to find suitable self-contained accommodation for Miss B and her family during this time. There were delays with repairs to properties which meant Miss B had to wait longer. Whilst I am satisfied the Council did all it reasonably could to find alternative accommodation for the family it remains the case the statutory duty was not met and this is service failure.
21. Miss B incurred additional expenses, out of her control, because of being in B&B accommodation. There were limited cooking facilities, a microwave in a shared kitchen which at one point was not working (as noted by the Family Support Worker who visited the site). The Council was incorrect to refuse the request for financial redress in this matter. I deal with this further below.
22. The Council delayed issuing its main housing duty decision by around ten weeks. This meant the family were subject to delays being placed in the highest housing band (band A).
23. Miss B and Mr B told the Council in August 2024 the household had medical issues. The evidence shows the Council correctly advised them to submit medical evidence. That information was provided in February 2025 after the household had already moved to self-contained temporary accommodation. Without medical evidence the Council could not assess whether the family had restrictions on the type of accommodation that would meet their needs. There is no fault in this matter.
24. I do not see any fault in how the Council considered the request for redress in relation to spoiled clothing. Officers visited the B&B and did not find evidence of damp and mould. It was reasonable for the Council to require evidence from Miss B in support of the claim. Without sufficient evidence the Council is not required to pay redress.

Did the fault cause an injustice

25. Miss B’s family remained in B&B accommodation for 24 weeks. The law says this type of accommodation is never suitable for families with children. The Suitability of Accommodation Order 2003 says it can only be used for a maximum of six weeks for families when no other accommodation is available. The Ombudsman assesses financial redress in these cases by reference to the number of weeks a family has stayed in a B&B beyond the point where they should have been moved. This payment is additional to reimbursement of any specific quantifiable costs the household incurred.
26. The Ombudsman recognises that remaining in B&B accommodation can be expensive for families as they have limited access to a kitchen and rely on pre-prepared food/ takeaways. In this case Miss B was in B&B accommodation for 24 weeks and had to pay for ready meals/ takeaways.
27. Miss B had to wait an additional 10 weeks for a main housing duty decision; this meant she was not placed in band A for those 10 weeks. I have not seen evidence that Miss B lost an opportunity to be rehoused during that 10 week period.

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Action

28. The Council has previously paid Mis B £500 for distress. I asked the Council to consider further redress for Miss B. It has agreed to pay £1000 for the additional expenses incurred by the family staying in B&B accommodation for a prolonged period. I consider that a reasonable remedy for the expenses incurred for additional food costs.
29. The Council has now agreed to my recommendations and will pay Miss B £1,800 for the 18 additional weeks the family remained in B&B accommodation, as set out above this is a separate redress to the quantifiable costs the family incurred.
30. The Council has, because of this investigation, backdated Miss B’s housing band A status to 5 August 2024.
31. The Council has confirmed it is making service improvements and reducing the use of B&B accommodation to house families with dependent children. The B&B used to house Miss B, for example, is now solely used for single applicants.
32. The Council should provide us with evidence it has complied with the redress payments within four weeks of this case closing.

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Decision

33. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman