Summary: Mr Z complains on behalf of Miss X that the Council placed her in Bed and Breakfast accommodation while she was pregnant for longer than the law allows. Mr Z also said the area the Council placed Miss X was unsuitable due to the crime rate. Mr Z has also complained about the way the Council has investigated his complaint. Mr Z says Miss X has been caused distress and has been placed in accommodation which was not suitable. We have found fault in the Council’s actions for allowing Miss X to remain in Bed and Breakfast accommodation for longer than the statutory deadline. The Council has agreed to pay Miss X a financial payment.

The complaint

1. Mr Z complains on behalf of Miss X that the Council placed her in Bed and Breakfast (B&B) accommodation while she was pregnant for longer than the law allows. Mr Z also said the area the Council placed Miss X was unsuitable due to the crime rate.
2. Mr Z says Miss X has been caused distress and has been placed in accommodation which was not suitable.

Back to top

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 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)
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)
5. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered evidence provided by the Council and Mr Z as well as relevant law, policy and guidance.
7. Mr Z and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

Back to top

What I found

Homelessness 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. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
10. 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 interim accommodation. (Housing Act 1996, section 188)
11. Examples of applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.

12. 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 the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
13. 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). Councils must keep the suitability of accommodation under review.
14. 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)
15. Homeless applicants may request a review within 21 days of being notified of several council decisions, including a decision that accommodation offered to the applicant after the council accepted the main housing duty was suitable.
16. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
17. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Complaints handling

18. The Council has a two stage complaints procedure which covers issues including homelessness accommodation. Its policy says that, at stage two, it will appoint an independent senior officer to review the complaint and that this will not be the same person who responded at stage one.
19. The Ombudsman’s Complaints Handling Code says a person responding to a complaint at stage two should not be the same person that considered the complaint at stage one.

What happened

20. Miss X contacted the Council in mid-June 2024 and completed a homelessness application. The Council requested information about where Ms X had been staying.
21. The Council completed a homelessness assessment in early July 2024 and accepted the relief duty. The Council issued a Personalised Housing Plan.
22. The Council moved Miss X to a second B&B accommodation in early August 2024. Miss X emailed the Council in early September 2024 to say she had been unwell in her pregnancy and asked for a placement which allowed her to cook food and have a fridge.
23. The Council replied to Miss X’s email the same day and said it was experiencing an unprecedented amount of people in B&B accommodation and could not give Miss X a timescale of when she would be moved to other accommodation.
24. The Council allocated a different room at the same accommodation to Miss X in mid-September 2024. The Council then moved Miss X to a third accommodation in early October 2024.
25. Mr Z complained on Miss X’s behalf in late October 2024. He said Miss X had been placed in B&B accommodation while she was pregnant and had stayed in B&B accommodation for more than six weeks.
26. The Council moved Miss X to a fourth accommodation in late October 2024.
27. The Council responded at stage one of its complaint’s procedure in mid-November 2024 and acknowledged Miss X had been living in B&B accommodation for more than six weeks. The Council apologised for this and offered Miss X £200 to recognise the disruption caused by this. The Council explained it had calculated this at £50 per week for four weeks over the statutory deadline for staying in B&B accommodation.
28. Mr Z disagreed with the Council and asked it to respond at stage two of its complaint’s procedure in late November 2024. Mr Z said he was concerned with the location of the third accommodation Miss X had been placed in. Mr Z also said he did not agree with the Council’s decision that the third accommodation was self-contained on the basis Miss X had sole use of a microwave, and he felt there were wider issues with the Council’s use of B&B accommodation. Mr Z also explained he was unhappy with how the complaint had been investigated.
29. The Council issued a stage two response in mid-December 2024 which it acknowledged Miss X had been in B&B accommodation longer than the statutory deadline and apologised for this. The Council said it accepted there were concerns about the area but the level of crime there was lower than in other years. It noted it had not received reports of issues with the area from other residents, other than with noise. The Council said it was satisfied the sole use of a microwave meant it was self-contained, and it did not agree its use of B&B accommodation was avoidable. The Council also said the costs of the accommodation was comparable with other temporary accommodation it used.
30. The Council has also explained it has taken steps to try and source additional accommodation.

Analysis

First and second accommodation

31. The Council has accepted Miss X was in B&B accommodation for ten weeks between the first and second accommodation she was placed in. This is four weeks over the six weeks allowed in the legislation. This is fault.
32. The Council apologised for this and offered Miss X £200 to recognise the disruption caused to her. While I welcome the Council’s offer to remedy the injustice caused to Miss X, the figure offered is not in line with our guidance. In my view, the offer made by the Council does not go far enough to recognise the distress and inconvenience caused to Miss X.

Third accommodation

33. The Ombudsman makes findings on maladministration. This can occur if a council has not acted in line with relevant law and guidance. We cannot make judgements on how to interpret legislation.
34. The Council has decided that by providing a microwave to homeless applicants living in a B&B, it was providing self-contained accommodation. This means it could house applicants there for more than six weeks. The Council has applied that approach consistently on similar applications, which is what we would expect to see. Whether or not the Council’s interpretation of what constitutes B&B or self-contained accommodation was correct is not something the Ombudsman can decide; it is for the courts to consider. We therefore cannot achieve Miss X’s desired outcome, and it is open for her to challenge the Council’s decision through a judicial review.

Other issues with accommodation

35. Mr Z also raised complaints about the area the second accommodation was located. The Council has accepted there were concerns about the area but, the level of crime there was lower than in other years. It noted it had not received reports of issues with the area from other residents, other than with noise. While I appreciate Miss X may have been unhappy with the location of the second accommodation. However, the Council has investigated her and Mr Z’s concerns and reached a view that the location was suitable. I have found no fault in the Councils actions.
36. Mr Z has also noted what he feels are systematic and ongoing issued with the Council’s service. While the Ombudsman has power to make recommendations to improve a council’s practice, we do so based on complaints about personal injustice. We have no power to have ongoing oversight over a Council’s service. We therefore cannot achieve Mr Z’s desired outcome and as such will not investigate this part of his complaint.

Complaints handling

37. Mr Z feels the Council’s complaints handling was poor because the person that responded at stage two was insufficiently independent because they were in a management position within the housing department responsible for interim and temporary accommodation. The Ombudsman would expect the senior officer appointed to respond to a stage two complaint to have sufficient understanding of the issues to answer the complaint. This is likely to mean the officer is based in the department responsible for the matters complained about.
38. The senior officer was sufficiently independent from the matters Mr Z complained about on Miss X’s behalf, which was in accordance with its complaints policy, and which was itself in line with the Ombudsman complaints handling code.

Back to top

Action

39. Within four weeks of a final decision, the Council should:

• Pay Miss X £600 to recognise the distress caused by the faults identified. This amount should include any payment made by the Council following its Stage one response.

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

Back to top

Decision

41. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman