Summary: The Council delayed acting on Miss X’s reports of disrepair in her temporary accommodation. The Council has apologised for part of the delay and made a payment to Miss X. The further delay caused Miss X a period of uncertainty. The Council has agreed to apologise and make an additional payment to Miss X.

The complaint

1. Miss X complained the Council failed to act on her repeated reports of disrepair in her temporary accommodation. She says she is living in unsuitable accommodation which is impacting her health. She wants the Council to resolve the issues, pay her compensation and make her a suitable offer of permanent 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 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. 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. The Council signposted Miss to the Housing Ombudsman in September 2022. Miss X did not discover the complaint did not fall under the Housing Ombudsman’s jurisdiction until early 2025. I have decided to investigate Miss X's complaint from August 2022. I do not consider it was reasonable for her to complain to us sooner as she had been directed to the wrong Ombudsman.

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How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X and the Council have 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

The Law

Temporary Accommodation

8. 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.
9. 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)
10. 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)
11. 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)
12. Councils will not owe the main housing duty to applicants who have turned down either:
• An offer or temporary accommodation which the Council is satisfied is suitable for the applicant (Housing Act 1996, Section 193 (5)),
• a suitable final accommodation offer, or;
• a Housing Act Part 6 offer made during the relief stage.
13. Homeless applicants may request a review, within 21 days of the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

Background

14. The Council has accepted a main housing duty to Miss X. Miss X has lived in the same temporary accommodation since 2018. The accommodation is split across two levels. Miss X uses a wheelchair and receives direct payments to pay carers to meet her care needs. Miss X’s housing needs for permanent accommodation are recorded as needing a wheelchair accessible property with a bath rather than a wet room.
15. Between 2018 and 2022 Miss X reported ongoing issues with her temporary accommodation, including leaks and disrepair issues.

What happened

16. In August 2022 Miss X complained again about the condition of her temporary accommodation. She said it leaked and contained asbestos. The Council’s records noted Miss X had complained about similar issues since 2018 and they remained unresolved.
17. The Council’s records show it spoke to Miss X in September 2022 to arrange a visit to her property. It is not clear if this visit took place. The Council’s housing team also spoke to Miss X’s social worker about moving Miss X to a more suitable property.
18. In November 2022 a social worker visited Miss X’s property. They reported extensive leaks, and said the accommodation was not suitable to meet Miss X’s needs. In January 2023 the Council offered Miss X a fully adapted ground floor property. Miss X refused the property. She said it was too far from her current home.
19. Contractors carried out some temporary repairs in June 2023. The records show they attempted to return to Miss X’s property the next day but there was no answer. The Council responded to Miss X’s complaint. It accepted delays in responding to her reports. It said Miss X’s property was not suitable and she needed to move. It offered Miss X £2,500 to recognise the impact of its failings. Miss X asked the Council to escalate her complaint to stage two.
20. A surveyor visited Miss X’s property in August 2023. They said the entire flooring needed to be removed to trace the leaks. They reported extensive damage and said they could not carry out the work with Miss X living in the property. They recommended Miss X move out of the property for four to six weeks.
21. The Council responded to Miss X’s stage two complaint in September 2023. It said it had attempted to move Miss X but she had refused and not bid on any properties for permanent accommodation since 2020. It offered Miss X £3,000 to recognise the impact of its failings and said it would offer Miss X one more suitable property. If Miss X refused the property, the Council said it would discharge its housing duty to Miss X. It paid Miss X £3,000 and signposted her to the Housing Ombudsman.
22. The Council carried out a review of Miss X’s care needs in early 2024. It said Miss X’s property remained unsuitable. She could not access the second floor without assistance and could not use the kitchen. An occupational therapist said the property was not suitable for adaptation.
23. In April 2024 Miss X raised a new complaint about her temporary accommodation. She said the repairs remained outstanding. The Council acknowledged the complaint, but its records do not show it took any action. Miss X contacted the Council again in September 2024. The Council wrote to Miss X in October 2024 confirming her housing preference. It also attempted to visit Miss X with a member of its repairs team but could not gain access.
24. The Council contacted Miss X the next day. She said she needed advance warning of any visits. The Council returned and carried out a full inspection of the property. It said repairing the property would be difficult as Miss X said she needed carers to be present during repairs.
25. The Council’s contractor started to carry out some repairs. By November 2024 it reported it was finding it difficult to complete work due to not being able to access the property unless Miss X’s carers were present. The Council arranged a meeting with Miss X, but Miss X could not attend due to illness. Miss X’s social worker said they needed funding for Miss X’s carers to be at the property during repairs. The Council’s repairs team said it would wait on an update from Miss X’s social worker on funding for carers.
26. Miss X reported more disrepair in December 2024. In January 2025 the Housing Ombudsman told Miss X her complaint fell under the jurisdiction of the Ombudsman. Miss X complained to the Ombudsman.
27. Since complaining to the Ombudsman Miss X has reported further disrepair. The Council met with Miss X in May 2025 and said Miss X either needed to move out or social care needed to fund carers to be at the property during repairs.
28. In July 2025 the Council offered Miss X a two-bedroom ground floor property which it considered fully met Miss X’s needs. Miss X told the Council she intended to refuse the property due to its location.

The Council’s response to our enquiries

29. In response to our enquiries the Council’s housing team said it recognised the urgency of Miss X’s situation, but it could not carry out the majority of repairs as Miss X either needed to move out or a carer to be present. They said the Council’s social care team had said there was no funding available to pay for the carers’ extra hours.
30. The Council’s social care team said Miss X had refused alternative accommodation while repair work took place. They said its funding panel had decided the need for support whilst contractors visited was not an eligible care need and any extra support should be funded by the Council’s housing team.

My findings

31. It is clear Miss X’s temporary accommodation was and remains unsuitable for her needs. The Council offered Miss X new accommodation in January 2023 which Miss X refused. The Council did not discharge its housing duty to Miss X at this point so continued to be under a duty to ensure the accommodation was suitable. Despite this the Council took no further action for six months. The Council has accepted this was fault and paid Miss X £3,000 to acknowledge that she was living in unsuitable accommodation. I am satisfied with the Council’s remedy.
32. In August 2023 a surveyor confirmed the Council would not be able to resolve the main cause of the leaks unless Miss X moved out. There is no record of any action from the Council again until October 2024. During this time Miss X continued to report issues and complain to the Council. This was fault. Given Miss X had already refused a property offer from the Council in January 2023 and has since intimated she will refuse a further offer, I cannot say whether Miss X would have accepted any offer of alternative accommodation during this time. However, the Council’s failure to act caused Miss X a prolonged period of uncertainty over when the repairs would be carried out.
33. From October 2024 the Council began to act and carried out minor repairs. By November 2024 its contractors reported they had done all they could without Miss X either moving out of the property or her carers being present. I am satisfied with the Council’s did all it could to resolve the situation during this time. While Miss X said she could remain in the property with carers present for repairs, the Council did not consider this an eligible care need, as it remained open to Miss X to leave the property during the repairs. The Council was not at fault.
34. The Council has now offered Miss X a property it considers meets her needs. If Miss X considers the property is unsuitable it is open to her to ask the Council to review its decision. If Miss X refuses the property, it is open to the Council to discharge its housing duty to Miss X.

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Actions

35. Within one month of the final decision the Council has agreed to:
1. Apologise to Miss X for the impact of its failure to act between August 2023 and October 2024. 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.
2. Pay Miss X £500 to recognise the uncertainty caused by its failure to act between August 2023 and October 2024.
3. Arrange a meeting with Miss X, a representative from housing and a representative from social care to explain the next steps to Miss X and the potential consequences of refusing an offer of suitable accommodation from the Council.

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Decision

I find fault causing injustice, which the Council has agreed to remedy

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman