Summary: Ms X complains the Council has delayed in offering new temporary accommodation despite accepting the current accommodation was unsuitable. Ms X says this has caused her and her family a great deal of distress. We have found fault in the Councils actions for delaying in reviewing Ms X’s accommodation and delay in offering suitable accommodation. The Council has agreed to issue Ms X with an apology and pay her a financial payment.

The complaint

1. Ms X complains the Council has delayed in offering new temporary accommodation despite accepting the current accommodation was unsuitable.
2. Ms X says this has caused her and her family a great deal of distress.

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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. 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)
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)

What I have and have not investigated

6. I have investigated Ms X’s complaint about the Council’s handling of her family’s housing situation from Winter 2023 to present. While this is more than 12 months before she brought her complaint to our attention and parts of her complaint is late, I have found it appropriate to exercise my discretion to consider this period. This is because she initially raised a complaint and concerns with the Council in November 2024 and has pursued her concerns since.
7. I have not investigated Ms X’s concerns about the Council’s handling of her family’s housing situation before Winter 2023, as this part of her complaint is late and Ms X could have brought earlier concerns to our attention sooner.

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How I considered this complaint

8. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
9. Ms X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

What I found

Homelessness

10. 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.
11. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
12. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
13. 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 (unless it refers the application to another housing authority under section 198). This is called the main housing duty. But councils will not owe the main housing duty to applicants who have turned down a suitable final accommodation offer or a Housing Act Part 6 offer made during the relief stage, or if a council has given them notice under section 193B(2) due to their deliberate and unreasonable refusal to co-operate. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)

Suitability and review rights

14. 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)
15. 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)
16. Councils must complete reviews of the suitability of accommodation within eight weeks of the date of the review request. This period can be extended if the applicant agrees in writing.

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What happened

17. The Council placed Ms X in interim accommodation in November 2022. Ms X contacted the Council shortly after to ask the Council to review the suitability of the accommodation. Ms X said the accommodation was cramped, had damp and was over an hour from her son’s school. Ms X also told the Council she was pregnant.
18. The Council responded and said the only way to challenge the suitability of her accommodation was to judicially review it.
19. Ms X raised further concerns about the suitability of her property in May 2023. The Council responded to say Ms X was not entitled to a formal review of her accommodation. But, did say it was satisfied the location was suitable and that damp issues were not uncommon and could be addressed by opening windows and using mould spray.
20. Ms X continued to raise concerns about the suitability of her accommodation and raised a complaint with the Council in November 2024. The Council responded in mid-November 2024 and said it would complete a non-statutory suitability review. The Council also responded to Ms X’s complaint and said it upheld her complaint about delays in completing the suitability review.
21. The Council completed an inspection of Ms X’s property in late November 2024 and found damp, flaking wall and ceiling paint and the flat shared a boiler with another property. The Council issued a letter to Ms X which said it had found her accommodation was unsuitable due to overcrowding, disrepair and its location. The Council contacted the landlord of the property to request it completed repairs. It also placed Ms X on the transfer list in early December 2024.
22. Ms X raised a stage two complaint in mid-January 2025 and said she was still living in unsuitable accommodation and a written review the Council had promised had not been completed.
23. The Council responded to Ms X in February 2025 and said the landlord had completed repairs at the property, but it needed to complete further repairs which would mean she had to move out. The Council said it was working to locate further temporary accommodation.
24. Ms X raised a further complaint in November 2025. The Council issued a further response which upheld Ms X’s complaint as she remained in unsuitable accommodation.

Analysis

25. The evidence shows Ms X asked the Council for help as she believed her accommodation was unsuitable at least from Winter 2023. The Council has accepted there were delays in carrying out a suitability review. I have therefore found the Council at fault for its failure to carry out a suitability review at the time.
26. Ms X continued to raise concerns about the suitability of her accommodation with the Council throughout 2024. It was not until late 2024 the Council completed a review of the suitability of Ms X’s accommodation. The Council found Ms X’s accommodation was unsuitable.
27. Based on the evidence Ms X presented and the family’s circumstances, on balance, I am satisfied had the Council carried out a suitability review and properly considered the family’s circumstances, it would have reached the November 2024 decision sooner.
28. In reaching my decision I am conscious the circumstances around Ms X’s property remained largely unchanged from Winter 2023 onwards.
29. I understand the Council put Ms X on its transfer list in late 2024 but has as yet not been able to secure suitable accommodation for her. While I do acknowledge the Council’s challenges in finding suitable accommodation due to lack of available properties in and around its area. The Council has a duty to find Ms X’s family suitable accommodation immediately.
30. Our guidance on remedies says where a complainant has been deprived of suitable accommodation during what would inevitably have been a stressful period in their life, our recommendation for financial redress is likely to be in the range of £150 to £350 a month. In this case Ms X spent at least 24 months in unsuitable accommodation, which is also ongoing as no offer has yet been made. This is considered from the start of my investigation from Winter 2023.
31. When coming to a suitable figure, I considered the Council finding of the unsuitability of Ms X’s property which included overcrowding, disrepair and the location. I have also considered the impact this had, and continues to have, on Ms X and her family.
32. I have not made any service improvement recommendations as we have investigated several complaints against the Council relating to suitability reviews in a similar period as my investigation.

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Action

33. Within four weeks of a final decision the Council should:

• Write to Ms X to apologise for the distress caused by the faults identified. 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 Ms X £3,600 to acknowledge the distress and hardship caused to her and her family for the time spent in unsuitable accommodation. I have calculated this at £150 per month up to November 2025.
• Pay Ms X £150 per month from November 2025 until Ms X and have family have been moved to suitable accommodation, or when the Council has discharged its duty following an offer of what it deems suitable accommodation. The remedy is payable for up to six months after the date of a final decision.

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

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Decision

35. I find fault causing injustice.

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Investigator's decision on behalf of the Ombudsman