Summary: Mrs D complains the Council placed her in unsuitable temporary accommodation. I have found the Council at fault because it delayed carrying out a suitability review and Mrs D remains in unsuitable accommodation. The Council has agreed to pay redress and ensure Officers are following the correct process when considering suitability review requests.

The complaint

1. The complainant (whom I refer to as Mrs D) complains the Council placed her in unsuitable temporary accommodation and has failed to move her. She also refers to ongoing disrepair issues at the property.

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The Ombudsman’s role and powers

2. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 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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What I have and have not investigated

5. Mrs D has lived at the property since July 2021. I cannot look back that far but I have exercised discretion to look at events from March 2023 when it appears the first request for a suitability review was made to the Council. My investigation considers events up to April 2025 when the case was referred to our Assessment Team.

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How I considered this complaint

6. I considered evidence provided by Mrs D and the Council as well as relevant law, policy and guidance.
7. I shared my draft decision with both parties and considered their comments.

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What I found

What happened

2023

8. On 28 March 2023 Mrs D/ her family (I refer to all contact from the family as being from Mrs D in the rest of this statement for ease of reading) emailed the Council requesting it review the suitability of Mrs D’s temporary accommodation which was a house outside the borough. The Council has no record of receiving the email until it was sent again on 9 April. Mrs D enclosed medical evidence and said the property was in an unsuitable area because of her severely impaired vision. There were no road crossings nearby and no marked bus stop. This meant Mrs D was unable to travel independently and was too far away from her support network. In addition Mrs D could not manage the stairs in the house or easily access the only toilet which was upstairs. She had suffered numerous falls on the stairs. There was also an ongoing leak to the kitchen ceiling since 2022. It had been reported to the landlord but never resolved. The Council says the request was passed to the Reviews and Appeals Team who rejected it. They incorrectly noted Mrs D had not yet received a main housing duty from the Council and so was ineligible to request a review.
9. On 13 September Mrs D emailed the Council. She had been requesting a review since the Spring and provided evidence. She had now been told to request a medical assessment form to progress a review. On 14 September the Council wrote to Mrs D about the suitability review request. It would be completed within eight weeks from the day the request was made which the Council stated was in September.
10. The Council received a completed medical assessment form on 6 November. Mrs D stated she had falls in the property and the home was unsuitable because of its location. She also referred to the leak in the kitchen which had been ongoing since 2022. The Council subsequently referred the form to the Medical Assessment Team.

2024

11. On 10 January 2024 the Council completed the medical assessment. It stated the property was suitable and accessible. It did not elaborate and explain why that decision was made other than it had not seen evidence of Mrs D falling in the property. It said the Council could contact Adult Social Care (ASC) for an Occupational Therapist (OT) assessment.
12. On 5 April the Council reached a decision on the suitability review. It had considered evidence from Mrs D, the medical assessment form and the assessment by the Council. The review found the medical assessment in January was contradictory. The Council decided the property was unsuitable for Mrs D. There had been no assessment of her needs or a suitability assessment prior to placing her in the accommodation despite the Council knowing about her visual impairment. The area was problematic for a visually impaired person with no safe road crossing and uneven pavements. In addition the Management Agent (Agent) for the private rental property had stated the kitchen ceiling was fixed but evidence showed the leak was still present. It seemed the ceiling was being patched up rather than the cause of the leak being fixed. The review recommended Mrs D be placed in accommodation within the borough or as close as possible or in an area with suitable transport links. The Council should prioritise her for a move to temporary accommodation that met her needs. On 8 April the Council sent its review decision to Mrs D. It apologised for the delay issuing a response.
13. On 23 April Mrs D told the Council the ceiling leak had reoccurred. On 3 June Mrs D sent the Council details of who formed the household for housing register purposes. On 17 June Mrs D complained to the Council about still living in unsuitable accommodation. She also said the disrepair was ongoing. The Council replied on 1 July. It said the Temporary Accommodation Team were trying to find suitable accommodation for the family. On 10 July a Council Officer inspected the property. They noted the kitchen ceiling and walls were in a ‘poor’ condition. The walls in bedroom three were also ‘poor’. They noted bedroom window handles needed replaced and there should be an investigation into the cause of the water leaks penetrating the kitchen ceiling which had been happening for two years. In addition pipework should be checked. On 29 July, Mrs D requested the Council escalate her complaint and repeated issues with repairs and living in unsuitable accommodation.
14. On 1 August the Council wrote to Mrs D that it had updated its housing register information after a reduction in the household size. The family were now eligible to bid for social housing properties that were four bedroom (previously they could bid for five bedroom homes) and they remained at Band B. On 3 September Mrs D asked the Council for an update about alternative temporary accommodation. The Council subsequently provided details about a property in another borough which Mrs D found to be unsuitable.
15. On 9 September the Council referred Mrs D’s case to ASC for an assessment and to discuss services in the area with Mrs D. Also that day a Council Officer inspected the property again. They emailed the Agent on 10 September asking for an update on the repairs. The inspection had found work was incomplete. The Council asked the leak into the kitchen be ‘thoroughly investigated’ and then to repair the kitchen ceiling. Works were also needed to some pipes. The Agent should complete standard repairs within 28 days and tell the Council if there would a delay. In September the Council offered two alternative properties to Mrs D. One was declined as too far away from the borough and the other was not responded to. On 24 September the Council noted repairs to the kitchen ceiling were still not done and the carpet on the landing needed replaced. The Council subsequently issued its final complaint response and apologised for the delay responding. It said repairs were identified on 9 September including fixing window handles, replacing loose/ frayed carpet on the landing and attending to the kitchen ceiling. The work was due to be completed by 20 September. Mrs D had notified the Council on 18 September the leak was not fixed, and the Council would raise this with the Agent. The Council had also identified alternative temporary accommodation but had not heard from the family.
16. On 2 October an Officer from ASC visited Mrs D at home. They noted Mrs D felt isolated because of the property location. She had fallen on loose stair carpet and was scared to use the stairs. Her GP was in the borough, and she wanted to live in or near to the borough. There was no note of what action the Council would be taking as a result of the visit. On 4 November the Council Officer inspected the property again. They found the fixtures and fittings to be in a ‘fair’ condition. They requested a warped wall cabinet in the kitchen be replaced as it was water damaged. They chased this up with the Agent on 3 December.

2025

17. On 9 January 2025 the Council contacted Mrs D as it wanted to discuss accommodation it had found in a different borough. I understand Mrs D was concerned that property had an upstairs bathroom. She was unable to visit the accommodation because she had a fall and could not get to the viewings. A further property was found at the end of January, but Mrs D was still unable to attend a viewing.
18. On 30 April the Council noted they had viewed a property with Mrs D which was ‘deemed unsuitable as clients medical needs have changed’. Mrs D said she now needed a ground floor property or a home with a ground floor bedroom as she could not manage stairs. The Council advised her to submit medical evidence so a new medical assessment could be completed to assess if her needs had changed.

What should have happened

Suitability review

19. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) 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)
20. The Council’s Reviews and Appeals Team consider suitability review requests. They first assess if the request is valid including whether the Council has accepted a main housing duty towards the applicant. If the Council has not yet reached that main duty stage, the Council cannot accept a review request. If the request is valid the Council should complete the review within 56 days. If the review request centres on medical need and the Council has not completed a medical assessment within the last 12 months, it will request the applicant fill out a medical assessment form. That is considered by the Medical Assessment Team and their comments form part of the package of evidence then evaluated by the Reviews and Appeals Team. The Council sends its decision to the applicant.

Unsuitable temporary accommodation

21. Where the Council accepts an applicant is in unsuitable temporary accommodation it will search for alternative accommodation that meets the assessed needs of the applicant. A Council Officer will check what properties are available each week and notify the applicant about potentially suitable accommodation and offer a viewing.
22. In June 2025 the Council introduced the Unsuitable Temporary Accommodation Property Management System (UTAPMS). An applicant’s specific housing needs are recorded onto the system which checks against newly available properties. The Council says this helps better match applicants to suitable accommodation. Where an applicant appears a close match for a property they are offered a viewing.
23. If an applicant’s medical needs change, they must complete a new medical assessment form so the Council can evaluate whether the applicant’s housing needs have also changed. If the Council accepts there are additional housing needs this will be updated on the UTAPMS.

Repairs in private rental temporary accommodation

24. Where an applicant in temporary accommodation experiences disrepair in the property they should report this to the Council. The Council can check with the Agent to see whether any works have been carried out. A Council Officer can also attend and inspect the property. If they note repairs are outstanding this is fed back to the Agent and the Council will request repairs are completed. The Officer will make a second visit to check on the progress of the repairs and the Council should continue to liaise with the Agent until the repairs are completed to an acceptable standard.

Was there fault by the Council

25. The Council received Mrs D’s request for a suitability review by 9 April 2023. It wrongly assessed the request as invalid because it thought the Council had not accepted a main housing duty towards Mrs D. In fact the Council had accepted a main duty in 2021 so the review request should have been fully considered. Instead the Council rejected it. Mrs D had to pursue this with the Council in September when the Council accepted the review request. The Council then delayed issuing a decision on the suitability review and took longer than the 56 day timeframe. Had the faults not occurred the Council should have issued a suitability review decision by early June 2023. Instead Mrs D had to wait until 5 April 2024. A delay of 10 months which meant the Council lost a 10 month period where it could have been searching for suitable temporary accommodation.
26. Mrs D remains in unsuitable temporary accommodation. The evidence I have seen shows the Council has been actively looking for alternative suitable accommodation for her. We recognise a shortage of available accommodation means the Council is not always able to fulfil its duty to provide suitable temporary accommodation. However it remains the case the Council has failed to meet its statutory duty despite its efforts, and this is a service failure which is causing an ongoing injustice to Mrs D.
27. In respect of the ceiling leaks in the property I cannot see Mrs D reported the leaks to her Housing Officer or the Temporary Accommodation Teams in 2023. She did however refer to the issue in her suitability review request in April and September. Good practice would have been for the Council to pick up this issue and refer it to the relevant team to check if any additional action, such as a site inspection, was needed. Instead the problem was not progressed by the Council until Mrs D formally complained in 2024. This prompted the Council to visit the property in July and request the Agent carry out repairs. In September the Council again instructed the Agent to complete repairs within 28 days. In my view this could and should have happened sooner. An inspection could have been carried out by July 2023 had the initial review request been correctly progressed and this matter picked up. It is reasonable to say that had matters been handled more promptly and proactively the ceiling leak could have been resolved over 12 months sooner.

Did the fault cause an injustice

28. Mrs D has been caused avoidable time and trouble pursuing repairs and a suitability review with the Council. She has had to remain in unsuitable temporary accommodation that does not meet her medical needs.
29.  

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Action

30. To remedy the injustice to Mrs D the Council has agreed to my recommendations and will:
• Pay Mrs D £200 per month from June 2023 (when a suitability review could have been issued) to the end of April 2025 (when my investigation ends) for being placed in unsuitable temporary accommodation. That is a total of £4,600.
• Pay Mrs D an ongoing monthly payment of £200 (from the end of May 2025) until the Council either makes an offer of suitable temporary accommodation or ends its duty (whichever is sooner).
• Pay Mrs D £250 for the delays in her case including the delay progressing the repairs.
31. The Council will also carry out service improvements:
• Ensure Officers carry out suitability assessments to identify homelessness applicant’s medical needs before placing them in interim/ temporary accommodation.
• Ensure Review Officers adhere to procedures when checking request for a suitability review and check if additional training is required.
• Take account of the Ombudsman’s Guide for Practitioners on Unsuitable Temporary Accommodation (on our website) and set out the steps being taken to reduce the impact of unsuitable accommodation on applicants. Examples in the Guide include considering increased priority on the housing register/ making arrangements with Registered Providers to use available housing stock.
32. The Council should provide us with evidence it has complied with the above actions within four weeks of this case closing.

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Decision

33. I find fault causing injustice. I have completed the investigation because the Council agrees to make service improvements and pay Mrs D redress.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman