Summary: Miss X complained about the Council’s handling of her reports of disrepair in her temporary accommodation and that it took too long to complete a suitability review of the accommodation. We found fault by the Council on both matters. This caused Miss X and her child to live in unsuitable accommodation for longer than they should have. It also caused them distress, financial loss and uncertainty. The Council agreed to our recommendations to address the injustice caused.

The complaint

1. Miss X complained the Council placed her and her child in unsuitable temporary accommodation. She complained the Council did not:
1. communicate with her appropriately before moving her to Property Y;
2. consider whether Property Y was suitable accommodation for her and her daughter;
3. act on her reports about disrepair and pest infestations in Property Y; and
4. issue a decision on her request for a suitability review of Property Y.
2. Miss X stated living at Property Y negatively impacted the physical and mental health of her and her child. She also stated she has been caused financial disadvantage, distress and frustration.

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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. 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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How I considered this complaint

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

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 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. 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)

What happened

13. What follows is a summary of the key events. It is not meant to show everything that happened.
14. In April 2024 Miss X and her daughter lived in property Q. This was temporary accommodation arranged by the Council. Miss X has mental health conditions and both her and her child had physical health issues.
15. In early April the Council offered Miss X alternative temporary accommodation. This was Property Y. Miss X immediately requested a review of the suitability of the offer. She said the property was not suitable because:

• the rent was not affordable.
• it did not have parking nearby.
• there was a bus stop outside and, when busy, this would prevent her leaving the property due to her anxiety.

16. On 5 April the Council sent Miss X a final notification letter regarding the offer of Property Y. The letter said if she did not accept the property, it would close her homelessness application. It also told Miss X that housing benefit would cover up to the full amount of the rent, subject to her individual circumstances.
17. Miss X accepted the property and moved in. On the day she moved in Miss X waited for several hours for the manging agent for Property Y to give her the keys.
18. On 10 June Miss X contacted the Council about disrepair in her temporary accommodation. She said she would like the suitability of the property reviewed. She said there were:

• leaks from the ceiling in her daughter’s room and bathroom.
• leaks through the light fittings
• mould and damp throughout
• infestations of flies and cockroaches

Miss X said the disrepair was negatively impacting her daughter’s physical health. She explained the problems meant her bills were higher and she was incurring additional expenses for pest control sprays, cleaning and laundry.

19. In response the Council asked the manging agent to address the infestations and for an urgent inspection of the mould, damp and leak issues.
20. On 13 June the managing agent told the Council it had inspected Property Y and would be taking action to resolve all matters.
21. On 24 June Miss X complained to the Council. She complained:

• she was left waiting for several hours for the managing agent to give her the key to Property Y. She was waiting with her young child.
• it took three days to get Property Y ready for her to move despite being told social services would be contacted if she did not move from Property Q.
• there is a cockroach and fly infestation in Property Y. The landlord was aware of the infestation, and this was why the previous tenant moved. She is spending £12 per month on treatments for the infestations.
• there was a gas leak at the property recently and the gas was cut off and she could not feed her child formula for the whole day.
• the electrics at the property are not safe. There is water leaking through light fittings above the bath and other electrical issues.
• there was mould and damp in the property and this is negatively impacting the physical health of her daughter.

Miss X asked for compensation to recognise the distress and financial disadvantaged caused to her.

22. On 25 July the Council replied to the complaint. It said:

• the managing agent acknowledged Miss X had to wait for the keys to Property Y. The Council said this was below standards and should not have happened.
• the managing agent for Property Y is responsible for repair and maintenance issues.
• it is inconvenient Miss X had to purchase pest control sprays, but it is not unreasonable for a tenant to do so.
• gas checks for the property are up to date. Any concerns about gas safety should be made to the managing agents.
• compensation is not warranted at the present time.

23. In September Miss X escalated her complaint. Her grounds of complaint remained the same. She explained her child was now using an asthma pump which she did not have before moving to Property Y and she had to throw away some of her belongings due to mould damage.
24. Also in September Miss X told the Council the despair issues were continuing. The Council asked the manging agent if it had completed works. It told the Council it was acting to resolve the problems.
25. In October Miss X reported the disrepair was ongoing. The Council arranged an inspection of the property.
26. In November the Council provided Miss X with a medical form to complete.
27. In late November the Council offered Miss X alternative temporary accommodation because it found Property Y was unsuitable for her needs. Miss X moved to the new temporary accommodation.
28. In late December the Council replied to Miss X’s stage two complaint. It said:

• it responded to Miss X’s request that something be done urgently about disrepair in Property Y. It carried out a suitability assessment and then moved her to alternative suitable accommodation.
• Miss X’s request for compensation for costs she incurred does not fall within its compensation policy because Property Y was not managed directly by the Council.
• it acknowledged Miss X was caused inconvenience and difficulty due to poor service from its housing provider. It offered her £250 in recognition of the injustice caused to her.

29. Miss X remained unhappy and complained to the Ombudsman.
30. In response to our enquires the Council told us:

• it does not have a record of its response to Miss X’s request for a suitability review for Property Y.
• it cannot account for the delay in deciding Miss X’s suitability review request.
• in response to Miss X’s concerns about disrepair in Property Y it moved her and her child to alternative temporary accommodation.

Finding

Move to Property Y

31. Miss X requested a review of the suitability of Property Y when the Council offered it to her in April 2024. I have seen no evidence the Council assessed the suitability of Property Y before offering it to Miss X or that it acted on her request for a review of the suitability of the offer. This is fault by the Council.
32. The above fault means there is uncertainty about whether the property was suitable accommodation for the needs of Miss X and her child. This is injustice.
33. Miss X was left waiting for several hours the day she moved into Property Y. The Council’s stage one complaint recognised this should not have happened. I agree. The Council should have communicated clearly with Miss X and the managing agent for Property Y.

Disrepair and suitability of Property Y.

34. Miss X told the Council about serious disrepair issues in June 2024. The Council reported her concerns to the managing agent for Property Y. However it did not follow up the matter to ensure the disrepair was successfully resolved and only took further action when Miss X continued to report problems. This is fault.
35. Miss X also requested a suitability review of Property Y when she reported the disrepair. The Council did not act on her request to review the suitability of the property until November 2024. This is a delay by the Council and is fault.
36. The Council states it completed a suitability review in November 2024 and concluded Property Y was unsuitable for Miss X. The disrepair at Miss X’s home remained largely unchanged between June 2024 and November 2024. I am also not aware of any substantive changes in the needs of Miss X and her child during the same period. Therefore, on the balance of probabilities, I consider the Council would likely have found Property Y unsuitable for Miss X and her child had it completed the suitability review without delay.
37. I note the Council has been unable to provide a record of the outcome of the suitability review. This is fault. The Council should keep clear records of the reasons for its decisions. Additionally I have seen no evidence Miss X was told about the outcome of her review requesting in writing. This is also fault.
38. The Council’s reply to Miss X’s stage two complaint explained it could not reimburse her for the costs she incurred due to conditions in Property Y because it was not accommodation directly managed by the Council. However the Council placed Miss X in Property Y to meet its duty to provide her with accommodation under its main housing duty. The Council’s accommodation policy should allow it to compensate for losses incurred by a housing applicant in temporary accommodation it is providing.
39. Miss X paid for pest control sprays, cleaning materials to address the mould and damp and had to replace items such as towels and bathmats. Miss X would likely not have incurred these costs if the Council had followed up on works to address the disrepair and if it had completed the suitability review sooner. The Council’s delays mean Miss X has been financially disadvantaged. This is injustice.

Agreed Action

40. Within one month of my final decision the Council should:

• Apologise to Miss X for the identified fault and the injustice caused to her. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.

• Pay Miss X £225 per month to recognise the unsuitability of Property Y and its effect on her and her child from June 2024 to November 2024. This is a period of five months, totalling £1125. This figure takes into account the expenses Miss X incurred in purchasing sprays, cleaning materials and replacement items.
• Pay Miss X £300 in recognition of the uncertainty and frustrations caused by the Council’s delay in completing a suitability review and its poor communication with her.

41. Within in three months of my final decision the Council should:

• reviews its compensation policy so that it allows for homelessness applicants to be reimbursed for costs they incur due to disrepair in temporary accommodation provided to them by the Council; and
• send a memo to housing staff dealing with temporary accommodation suitability reviews reminding them to ensure decisions are clearly recorded on an applicant’s housing file and that applicants are notified of decisions in writing.

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

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Decision

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

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Investigator's decision on behalf of the Ombudsman