Summary: Miss X complained that the Council failed to carry out a suitability review of her temporary accommodation. We found the Council at fault and it has agreed to a suitable remedy.

The complaint

1. Miss X complained the Council failed to carry out a suitability review of her temporary accommodation. Because the Council did not provide Miss X with a decision about the suitability, she missed out on the right to request a review of this decision. This also caused her injustice due to uncertainty, and the time and trouble she had to spend chasing the Council for updates.

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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. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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(i), as amended)

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How I considered this complaint

4. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
5. 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

Review rights

6. Homeless applicants may request a review of the suitability of accommodation offered to the applicant after a homelessness duty has been accepted. Applicants can request a review of the suitability of accommodation within 21 days, whether or not they have accepted the offer.
7. Councils must complete reviews about the suitability of accommodation within eight weeks of the date of the review request. This period can be extended, but the applicant must agree in writing.
8. Councils must advise applicants of their right to appeal a review decision at the County Court on a point of law, and of the period in which to appeal. Applicants can also appeal if a council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204)

Suitability of accommodation

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 called interim accommodation. (Housing Act 1996, section 188)
11. 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)
12. 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 accommodation and temporary accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
13. 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.
14. Councils must complete suitability reviews within eight weeks. If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)

What happened

15. Miss X made a homelessness application and the Council placed her in interim accommodation with her young child in late 2023. The Council then accepted its main housing duty. This meant Miss X’s accommodation became temporary accommodation with a statutory right of review and she could now bid for other suitable properties on the housing register.
16. At the time, Miss X advised the Council that she was pregnant. Records show in early 2024 she asked the Council for support to find more suitable accommodation in preparation for the arrival of her second child.
17. In March 2024 Miss X advised the Council she had given birth and therefore the temporary accommodation she was in, which only had one room, was overcrowded. The Council recorded the change but did not consider whether it needed to review Miss X’s housing application.
18. Miss X contacted the Council in May 2024 and asked for assistance as she had not found an alternative property through the bidding process. The Council noted the property was small and advised its duty team, however it didn’t contact Miss X to follow this up.
19. In September 2024 Miss X contacted the Council again. She raised a stage 1 complaint and asked for a review of the suitability of the temporary accommodation. She raised concerns about overcrowding and said there was damp and mould at the property.
20. The Council responded to Miss X’s complaint in October 2024 and agreed to review the size of the property. The Council did not complete a review, however, and in December 2024 Miss X raised a stage 2 complaint.
21. The accommodation provider inspected the property in January 2025. The Council reviewed this and decided the temporary accommodation was suitable. The Council advised Miss X of this outcome in its stage 2 complaint response, but did not advise Miss X of her right to appeal this decision in court.
22. The Council offered Miss X alternative temporary accommodation in March 2025, and she has now moved to a larger property with her children.

Analysis

23. Miss X told the Council about her change of circumstances in March 2024. The Council failed to consider whether to review Miss X’s housing application at this point. This was fault as Miss X was pregnant and the Council should have considered whether the accommodation would still be big enough. The Council also failed to complete a review of the suitability of Miss X’s temporary accommodation when she asked for this in September 2024. This was also fault.
24. The Council used its complaints process to respond to Miss X instead of carrying out a review under section 202 of the Housing Act 1996. The Council also did not advise Miss X of her right to appeal its review decision. This was fault. However, any injustice suffered by Miss X was reduced because the Council made an offer of alternative accommodation the following month.
25. Miss X had to contact the Council to chase the review, which did not take place until January 2025. The Council communicated the outcome in early February 2025. There is no evidence that, had the Council made its decision sooner, the outcome would have been different. However, the Council should have completed the suitability review within eight weeks of Miss X’s request. This delay was fault which caused Miss X uncertainty. She also had to spend time and trouble chasing the Council for its decision.

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Action

26. In recognition of the injustice caused to Miss X, within one month of the final decision, the Council should:
1. Apologise to Miss X in accordance with our guidance on making an effective apology;
2. Pay Miss X £400 in recognition of the avoidable inconvenience and uncertainty.
27. The Council should also, within one month of the final decision:
1. Issue reminders to its staff about the correct procedures and timescales to follow when an applicant requests a review of the suitability of their temporary accommodation.
2. Review its temporary accommodation policy to include the correct information about review rights and timescales.
28. The Council should provide us with evidence it has complied with the above actions.

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Decision

29. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman