Summary: Miss B complained that the Council had failed to find her and her children suitable accommodation since May 2023. We found there was service failure as the Council was unable to find alternative accommodation until June 2025. This meant Miss B lived in unsuitable accommodation for longer than was necessary The Council has agreed to apologise to Miss B and make a symbolic payment of £2100.

The complaint

1. Miss B complained that the London Borough of Lambeth (the Council) failed to provide her and her family with suitable accommodation since 15 May 2023 when it decided her current temporary accommodation was unsuitable. It also failed to communicate properly with her or offer any advice on alleged harassment from her landlord. Miss B says this has caused her significant distress and frustration.

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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. 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)
3. 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)
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(1), as amended)

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What I have and have not investigated

5. I have investigated the period from 8 April 2024 (a year before Miss B complained to us). I consider it was reasonable for her to have complained to us sooner about the earlier period.

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How I considered this complaint

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

Suitability of accommodation

8. 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 accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
9. 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)
10. 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

11. Miss B was living in temporary accommodation with her child. It was a two-bedroom first floor self-contained flat. On 15 May 2023 the Council completed a review of the suitability of the accommodation and concluded it was unsuitable due to disrepair (rodents, mould, uneven flooring, leaking bathrooms, no banister, broken door flap).
12. On 18 December 2024 Miss B complained to the Council about her living conditions. She said she had been sleeping in her car and staying with her mother since the beginning of December because she did not feel safe in her flat due to her landlord’s behaviour. She was pregnant and had an 8 year old child. She also had mental health issues and the lack of suitable accommodation was impacting these significantly.
13. The Council responded at stage one of its complaints procedure on 15 January 2025. It acknowledged she had been on the transfer list for more suitable accommodation for a prolonged period. It said the repairs were being dealt with but partially upheld the complaint as they had not been completed.
14. Miss B escalated her complaint to stage two of the council’s complaints procedure. The Council responded at stage two of the complaints procedure on 19 February. It apologised for the failure to find accommodation, said she was on the transfer list and it would keep looking.
15. Miss B complained to us in April 2025.
16. In responding to my enquiries, the Council said Miss B was rehoused in permanent accommodation on 25 June 2025. It said it had records of Miss B reporting harassment from her landlord in May and December 2024 and it had advised her to contact the Police. The case records said the repairs had been completed in December 2024.
17. The managing agent confirmed that in respect of the landlord they ensure the locks were changed and they met with the landlord if they wished to do work in the property.
18. The Council also said it currently had 600 households on the priority transfer list awaiting alternative accommodation.

Findings

19. I understand the extreme pressures facing the Council in terms of finding suitable accommodation: the fact that its priority transfer list contains around 600 applicants indicates the high number of people seeking accommodation and the severe shortage of available properties.
20. However, the Council has an immediate duty to find suitable accommodation and so Miss B has been living in unsuitable accommodation since May 2023. I welcome the news she was rehoused in June 2025. But I have considered the period from April 2024 and concluded there has been service failure between then and June 2025 as the Council was unable to find alternative accommodation during this period. This was fault which caused Miss B injustice as she was living in unsuitable conditions for longer than was necessary, including sleeping in her car and staying with family members.

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Action

21. In recognition of the injustice caused to Miss B, I recommended the Council, within one month of the date of my final decision:
• Apologises to Miss B and makes a symbolic payment of £2100 (14 months @£150 per month).
22. Given the widespread and acute problems with the availability of accommodation I have not recommended any service improvements. The Council should provide us with evidence it has complied with the above actions.
23. The Council has agreed to the recommendations and should provide us with evidence it has complied with the above actions.

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Decision

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

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Investigator's decision on behalf of the Ombudsman