Summary: Miss B complained that the Council failed to carry out repairs to her temporary accommodation. We found the Council delayed in carrying out the repairs and failed to give Miss B a written decision about the suitability of the accommodation with a right of review. This caused Miss B to live in unsuitable accommodation for longer than was necessary. The Council has agreed to apologise, make a symbolic payment to her and improve its procedures for the future.

The complaint

1. Miss B complained that the London Borough of Lewisham (the Council) failed to carry out repairs to her temporary accommodation since she complained in September 2024 or move her to more suitable accommodation. She said it has caused, and continues to cause, her significant distress and inconvenience living in unsuitable conditions with her children.

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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. 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 April 2024 (12 months before Miss B complained to us) to April 2025 (the date Miss B complained to us). If Miss B wished to complain about more recent events she will need to complain to the Council first and then come back to us if she remains dissatisfied.

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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. 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)

Homelessness

10. Miss B has lived in her current temporary accommodation for several years due to homelessness. In mid-September 2024 she complained to the Council about mice, a sinking bathroom floor, mould, a lack of security following a break-in and a vandalised gas pipe.
11. The Council responded on 21 October 2024 at stage one of its complaints procedure. It said:
• A contractor would visit regarding the mice on 25 October 2024.
• In respect of the bathroom floor, it said she had reported the problem in 2022 but the contractor did not attend, and the appointment was not rearranged until January 2024. A contractor visited in February 2024 and identified the necessary works, but these were never actioned. It said the contractor would attend by 25 October 2024.
• It said it had tried to contact Miss B on 1 October 2024 to arrange an appointment to assess the mould but was unsuccessful. It had then arranged an appointment on 17 October 2024, which it had confirmed by email to Miss B, but she was not in on the day. It had arranged a new appointment on 4 December 2024 and would carry out a temporary mould wash in the meantime.
• In respect of the front door, it noted Miss B had reported this in November 2022 but no appointment had been made. The Council made a new appointment for 31 October 2024.
• In respect of the gas pipe, it said the pipe was repaired in November 2022 and there were no outstanding repairs.
12. It apologised for the delays and offered her £360. But it said there was no need to move her and her children out of the property as the repairs could be completed while she was there. It noted her position on the housing register and her recent bids.
13. Miss B escalated her complaint as she remained dissatisfied. The Council spoke to her on 12 December to confirm what was outstanding and sent her a stage two response on 12 December. It confirmed the pest control treatment was ongoing with preparatory work being done on 11 December. A contractor was due to attend on 13 December to assess the sinking floor. It increased its offer of compensation to £400.
14. The Council tried to contact Miss B in January 2025 about arranging an appointment to repair the bathroom floor but without success.
15. Miss B also requested to be rehoused due to the poor condition of her property. In January 2025 the Council assessed her accommodation but considered it was suitable for her needs and did not approve a move to alternative accommodation. The Council did not notify the decision to Miss B or give her a right of appeal against it.
16. Miss B complained to us in April 2025.
17. In July 2025 the Council carried out another assessment of the property and concluded it was unsuitable due to the repairs not being done. She was on the list for a move to alternative accommodation. It did not notify Miss B of this decision.
18. In response to my enquiries the Council said Miss B accepted the offer of £400 but did not provide her bank details to enable it to be paid. In respect of the repairs, it said a further appointment in respect of the pest control had been arranged for 31 January 2025 but there was no record of the outcome. A further visit was made on 19 May which said a day’s work was required to mouse-proof behind the units and then reinstall the kitchen. An appointment was booked for 26 June. But Miss B was not in on that day as she had another appointment.
19. Miss B informed me on 21 October that the Council had offered her alternative accommodation, but she did not consider it was suitable. She had informed her local councillors and requested a suitability review.

Findings

Disrepair

20. The Council knew about the bathroom floor in January 2022 and the insecure front door in November 2022. It failed to take effective to repair these until October 2024. This is a delay of six months from April 2024 when I am starting my investigation. If Miss B wanted to complain about the earlier delay I consider she should have complained at an earlier point. This delay was fault which caused Miss B to live in unsuitable conditions for longer than was necessary.
21. The Council took action in October 2024 when notified of the mice and mould problem. I have not identified any delay here.
22. There is evidence that the Council continued to arrange visits to carry out the pest control work and the repair the bathroom floor, in December 2024 into January 2025. But these appointments were not successful due to Miss B not being available. There is no evidence the Council followed up the matter after the end of January 2025 until Miss B complained to us in April 2025. This was fault which led to further delay of three months and caused Miss B further injustice.
23. I welcome the Council’s recognition of fault and the offer of £400. I note Miss B accepted this offer but never provided her bank details for payment. I consider a higher amount is appropriate in accordance with our guidance on remedies which recommends a payment of between £150 and £350 for living in unsuitable accommodation. I have calculated a total delay of nine months but recognise Miss B contributed to some of the delay by not providing access for contractors. I consider a payment of £900 to be appropriate (nine months @£100 a month).

Suitability of accommodation

24. The Council says it assessed the suitability of Miss B’s accommodation in January 2025 and concluded it was suitable for her needs. It did not send her written notification of this decision and neither did it give her a right of appeal against it. This was fault as she was unable to dispute the decision.
25. In July 2025 the Council found her accommodation was unsuitable and started looking for alternative accommodation for her. So there is no need to ask the Council to carry out another assessment, but I do consider the failure to provide a written decision with a right of appeal was fault which caused Miss B uncertainty as to whether the outcome could have been different if she had been able to appeal.

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Action

26. I recommended the Council within one month of the date of my final decision, the Council should:
• apologise to Miss B; and
• make a symbolic payment of £900 for the impact of living in unsuitable conditions for nine months longer than was necessary and £200 for the failure to notify her of the decision on suitability or provide her with a right of appeal (a total of £1100 to replace the Council’s offer of £400).
27. I also recommended that the Council within two months of the date of my final decision reminds all staff involved in suitability assessments that they must issue a written decision with details of the right of review.
28. The Council has agreed to my recommendations and 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.

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Investigator's decision on behalf of the Ombudsman