Summary: The Council was at fault for the delay in moving Miss X to suitable temporary accommodation and for poor communication when she moved. It was also at fault for the delay in resolving pest infestation and boiler issues in Miss X’s accommodations. There was no fault in the way the Council dealt with mould in her accommodation. The Council will apologise and make a symbolic payment to Miss X in recognition of the avoidable distress and frustration caused by its faults.

The complaint

1. Miss X complained the Council:
1. provided two unsuitable temporary accommodations - Property A where she lived until August 2024 had mould and pest infestation issues and property B had a faulty boiler. Miss X said the Council failed to take effective and timely action to resolve these issues which affected her and her child’s health and wellbeing;
2. failed to move her from property A in a timely manner when she reported she had been assaulted at the address in January 2024, leaving her at risk of further abuse; and,
3. poorly communicated and handled her case when it agreed to keep properties on hold for her but then gave them to someone else, and poorly organised her check-in to property B in August 2024. This caused her frustration and financial loss as food items went off in the wait to move in.

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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. 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)
4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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

6. 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)
7. Miss X complained to us at the end of February 2025 about matters that occurred in Autumn 2023 and early 2024 under complaints 1a) and b). However, these matters were ongoing and continued into our 12-month period that started in February 2024, therefore I have considered Miss X’s complaint from September 2023.

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How I considered this complaint

8. I spoke to Miss X about her complaint.
9. I considered evidence provided by the Council in response to my enquiries as well as the relevant law, policy and guidance.
10. Miss X and the Council had an opportunity to comment on the draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

11. 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.
12. 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. 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).
13. The temporary accommodation should be suitable for the applicant and those who live with them. If an applicant considers the temporary accommodation is unsuitable, they can ask the council to carry out a statutory review of its suitability, following which they can appeal on a point of law to the county court.
14. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601)

What happened

15. This section sets out the key events in this case and is not intended to be a detailed chronology.
16. In the summer of 2022 Miss X moved into a temporary accommodation (property A) provided by the Council under its homelessness duty. Miss X remained in property A with her child until the Council moved her to another temporary accommodation (property B) in August 2024.
17. In early September 2024 Miss X asked for a suitability review for property B and raised complaints with the Council about the following matters:

Pest infestation and seasonal mould in property A

What happened

18. Miss X said property A had an ongoing mice problem which the Council failed to resolve. She also said condensation in this property during the winter months produced mould that impacted her and her child’s health and damaged their belongings.
19. About the mice issue, the Council:

• said in its stage one complaint response of September 2024 that its records showed its managing agent undertook pest control measures on various occasions between December 2023 to early January 2024. It stated it failed to find alternative solutions when these measures proved ineffective.
• noted Miss X continued to report mice sightings in the following month but did not provide new photographic evidence.
• noted that on 30 May 2024 Miss X reported further mice sightings. An engineer attended on 4 June 2024 but was not allowed access to the property.
• stated that on 18 June 2024 the property was inspected and there was no sign of mice.

20. About the mould issue, the Council said:

• between September 2023 and June 2024 its managing agent responded to multiple reports of mould. The managing agent visited property A in September 2023 and found no mould.
• in November 2023 the managing agent provided Miss X with dehumidifiers, carried out mould treatment in a cupboard and identified other small areas for treatment.
• the managing agent found no mould during a property inspection in December 2023 and when Miss X made further reports in January 2024, both the managing agent and the Council contacted Miss X but received no response. The managing agent told the Council that a representative from another council had visited Miss X's property and recorded damp on a meter reading in one area but no mould.
• in June 2024 it visited the property with its managing agent and found no mould.
• it was satisfied that it had responded appropriately to Miss X’s reports of mould. It rejected Miss X’s claim for compensation that she made in May 2024 for damage to her belongings and said any damage could have been avoided by following information it had provided on managing condensation.

21. The Council’s stage two complaint response issued in late October 2024 said that it relied on its managing agents to deal with matters related to the maintenance of properties and that it had no control over external factors (ageing properties/environmental change/domestic habits) affecting issues of damp, mould and mice.
22. The Council said that in rehousing Miss X from property A to property B, the Council “demonstrated an acknowledgement” that property A was no longer suitable for her.

Findings

23. The Council accepted that it should have taken alternative measures to resolve the mice issue when its previous measures proved ineffective. It did not which was fault. This leaves uncertainty over whether the continued issue of mice infestation could have been fully resolved sooner.
24. The Council stated that it took action (inspection, cleaning, mould treatment, provided information and dehumidifiers) to monitor and resolve the seasonal mould in property A. I am satisfied that, on the balance of probabilities, the Council took proportionate and reasonable steps to resolve the mould issue in property A. Therefore, it was not at fault.

Boiler issues in property B

What happened

25. Miss X said the boiler in property B was faulty on arrival. She said she smelt gas on entering the property and reported the matter straightaway to the housing officer. Miss X said that over the next couple of weeks she reported the issue to the housing officer, landlord and the Council on multiple occasions and received conflicting advice regarding the safety of the boiler.
26. The Council’s stage one response of September 2024 said that the communication around diagnosing and fixing the boiler was “contradictory, confusing and alarming.” It noted that the boiler had since been replaced, and it gave Miss X relevant contact details if she still wished to pursue a suitability review of the property.
27. The Council’s stage two complaint response explained that it utilised its managing agents and contractors for repairs as it did not have the capability to carry out in-house repairs. It said its temporary accommodation repairs (TAR) team stepped in where there was a breakdown in communication or the repairs process.
28. The Council explained that the involvement of third parties such as landlords and their contractors often created delays and the Council’s managing agent had less direct control which negatively impacted Miss X’s case.
29. The Council stated that it should have provided a better service – its TAR team should have checked in with Miss X and provided regular updates. It said it would raise this matter with its senior management as an area for improvement.
30. The Council apologised to Miss X that it took over a month for the heating and hot water in property B to be fully restored and offered her £150 in recognition of the distress caused as a result.
31. In response to our enquiries, it provided a copy of the gas safety record for property B which showed that the boiler was inspected and deemed safe before Miss X moved in.

Findings

32. The Council accepted that there were delays in fixing the faulty boiler which was fault that meant Miss X and her child were without heating and hot water for a month. The Council also offered Miss X £150 in recognition of the avoidable frustration caused by the fault. I am satisfied that the Council’s offer sufficiently remedied the injustice caused by this fault and I do not consider that a further financial remedy is needed.
33. Miss X asked the Council to carry out a suitability review of property B due to a faulty boiler when she registered a complaint in September 2024. The Council did not carry out a review which was fault. However, on the balance of probabilities, this fault did not cause Miss X an injustice. The boiler issue that prompted Miss X to seek a suitability review was resolved soon after so it was unlikely property B would have been found unsuitable if a review had been carried out. In addition, the Council also offered to carry out a suitability review in response to the complaint if she still wanted one and Miss X did not pursue this.

Move from property A following assault

What happened

34. On 8 January 2024 Miss X reported that she had been assaulted in property A by an ex-partner and asked the Council to move her. The Council said, in response to our enquiries, that it completed a suitability assessment with Miss X on 8 January 2024 which was updated on 10 January 2024.
35. On 10 January 2024 the Council offered Miss X a hotel as no other self-contained accommodation was available in a non-risk area. Miss X declined the Council’s offer because it was unsuitable for the needs of her young child. The Council stated that Miss X said she would continue to stay in property A as she had a safety plan in place with the police but asked to be moved as soon as a self-contained accommodation became available.
36. On 17 January 2024 when Miss X emailed the Council about the mice and mould issue in her property, she also said that she had been assaulted at the property and was waiting for a suitable accommodation, however she needed help with the condition of the property in the meantime.
37. On 14 February 2024 Miss X called the Council and was told no two-bed properties were available. She also mentioned repair and pest issues with property A.
38. On 30 April 2024 Miss X called the Council for an update on her move due to domestic abuse. She explained that she was scared about further violence and that she did not have help from the police. The Council said there were no suitable properties available. Miss X said she would call to check again every couple of weeks.
39. On 20 May 2024 Miss X called the Council and asked for a call back. She said she was worried that the perpetrator had found her.
40. On 12 June 2024 Miss X emailed the Council and said it was not safe for her to remain in the property as the perpetrator could turn up any moment and that she had not heard back from the Council regarding her move. She also said that the persistent mice issue had severely impacted her wellbeing.
41. On 13 June 2024 the Council received an email from a domestic violence charity which said that Miss X was at risk of further harm at property A and that the Council should consider moving her to another temporary accommodation.
42. On 14 June 2024 the Council contacted Miss X and said there was no suitable temporary accommodation available. It offered her a bed and breakfast (B&B) accommodation – Miss X declined this due to her young child. She said she would call again to check if any properties had become available. She also mentioned the mice issue and was told to contact the TAR team as they were dealing with the matter.
43. On 20 June 2024 the Council contacted Miss X and told her that a first floor two-bed property had become available, property C. Miss X told the Council she could not manage stairs. The Council asked Miss X to provide medical evidence for an assessment and told her to call back to check if another accommodation had become available.
44. On 2 July 2024 Miss X called the Council but there was no advisor available. The Council noted that an advisor should contact Miss X who was fleeing domestic violence.
45. On 3 July 2024 Miss X contacted the Council and was told that only property C was available.
46. On 16 July 2024 Miss X contacted the Council and said she could manage one flight of stairs rather than no stairs at all. The Council updated the suitability assessment. This noted information about risk areas for Miss X and the potential location of the temporary accommodation required for Miss X.
47. On 1 August 2024 the Council offered Miss X property B.
48. On 12 August 2024 Miss X moved into property B.

Findings

49. In January 2024 when Miss X reported that she had been assaulted in property A, the Council offered her an emergency hotel accommodation which she declined because it was not suitable for her and her young child’s needs. It is acknowledged that the Council's offer of a hotel was a response to the urgent need for action. However, a hotel is not suitable temporary accommodation for a family.
50. While Miss X worked with the police to create a plan to enable her to safely occupy property A, the Council’s offer of an emergency accommodation and suitability review showed that it considered property A to be no longer suitable for Miss X. Its stage two complaint response also stated that in moving Miss X from property A, the Council demonstrated that this property was no longer suitable for her.
51. The Council has provided no evidence to show it made proactive attempts to find an alternative suitable accommodation for Miss X when she refused the hotel which was fault and a missed opportunity to resolve the matter sooner.
52. When Miss X contacted the Council in April 2024 to say that she was worried about further violence and that the police were no longer of help, it was clear that the safety plan put in place previously was no longer effective. Miss X made the Council aware that she was at risk of domestic violence and so it had a duty to take prompt action to provide suitable accommodation for Miss X and her child, and it has provided no evidence to show it did so. This was fault. Instead, Miss X had to keep calling the Council to find out if any properties were available.
53. In May 2024 when a domestic violence charity contacted the Council to say Miss X was at risk of violence it contacted Miss X and offered her B&B accommodation which she refused. Miss X was assaulted in January 2024 and remained at risk. The Council had an immediate, non-delegable duty to provide suitable accommodation to Miss X but it did not do so until 1 August 2024 when it offered her property B. This was fault.
54. The Council said it was unable to source suitable temporary accommodation sooner due to a shortage of such properties. The Council’s inability to meet its legal duty may be largely outside its control. However, this is still service failure and a finding of fault. As a result of the Council’s fault, Miss X and her child remained in an unsuitable accommodation for eight months between January 2024 to August 2024 where she remained at risk of domestic abuse and that was a significant injustice.

Communication and case handling

What happened

55. Miss X complained she may have accepted a B&B accommodation if the Council had communicated that it would have been a temporary move for a short period of time, and that her move to property B was poorly organised. In its stage one complaint response, the Council explained that a shortage of temporary accommodation meant that it often offered B&B accommodation in emergency situations as a short-term solution until something more suitable became available. The Council also acknowledged that her move to property B could have been better organised. It apologised to Miss X and said that the housing association was “busier than usual” so the staff tasked with checking-in Miss X had to leave for other appointments. In its stage two complaint response, the Council apologised to Miss X if she felt misled that it had not clearly explained that a B&B stay would be temporary but was satisfied with its stage one complaint response.
56. Miss X also complained that the Council contacted her to offer her a property and was told that her housing officer would make contact with her regarding this matter. Miss X said she continued to contact the Council and was eventually told that the housing officer had gone on leave and not returned. Miss X said this meant the property she wanted went to someone else.
57. In response to our enquiries, the Council said its records showed that property C was reserved for Miss X but not formally offered. It said that on 2 July 2024 Miss X told the Council she did not wish to consider this property. The Council said there was no record of any other property that was reserved or offered to Miss X.

Findings

58. The Council’s communication with Miss X was poor. Council records showed Miss X contacted the Council about her accommodation on various occasions but there was no evidence to show her correspondence was always returned in a timely manner. Further, the Council told Miss X to keep calling in to check if a property had become available when it should have been contacting her instead. This was fault which caused Miss X avoidable frustration and uncertainty.
59. The Council also apologised and accepted that it poorly organised Miss X’s check-in to property B. This was fault which added to Miss X’s frustration.
60. Regarding Miss X’s complaint that two properties reserved for her were given to someone else, the Council said its records showed that only one property was reserved for Miss X but it was not formally offered. Miss X did not want this property. Therefore, there was no fault by the Council.

Service improvements

61. We recently recommended the Council make service improvements to ensure alternative accommodation is sought promptly when temporary accommodation is found unsuitable, on a separate complaint. We also made recommendations on separate complaints that the Council provide guidance to staff to communicate and handle reports of persistent disrepair effectively and to complete suitability reviews in a timely manner. Therefore, I have not considered it necessary to repeat these or recommend further service improvements on Miss X’s complaint, but we will continue to monitor the Council’s performance through our case work.

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Agreed action

62. Within one month of this decision the Council will:
1. Apologise to Miss X for the avoidable frustration she was caused by its faults. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council will consider this guidance in making this apology.
2. Pay Miss X £1200 (£150 per month) in recognition of the injustice caused by a delay of eight months in moving Ms X from property A.
3. If it has not already, pay Miss X £150 that it offered her in recognition of the avoidable frustration caused by the delay in fixing the faulty boiler in property B.
63. The Council will provide us with evidence it has complied with the above actions.

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Decision

64. I found fault causing injustice and the Council has agreed to my recommendation to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman