Summary: Miss X complained the Council failed to provide her with suitable interim and temporary accommodation. We found Miss X lived in unsuitable accommodation for nine months. The Council has agreed to apologise to Miss X and make her a symbolic payment in recognition of the injustice caused to her.

The complaint

1. Miss X complained the Council placed her and her family in unsuitable interim and temporary accommodation despite her providing medical evidence demonstrating it would be unsuitable. Miss X also complained the Council took too long to complete a suitability review of the accommodation and to move her to alternative suitable temporary accommodation.
2. Miss X stated the Council’s actions caused her distress, frustration and negatively impacted her physical and mental wellbeing.

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The Ombudsman’s role and powers

3. 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)
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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How I considered this complaint

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

7. 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.

Priority need

8. Examples of applicants in priority need are:

• people with dependent children;
• pregnant women;
• people who are vulnerable due to serious health problems, disability or old age;
• care leavers; and
• victims of domestic abuse.

The prevention duty

9. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)

The relief duty

10. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)

The main housing duty

11. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to make accommodation available (unless it refers the application to another housing authority under section 198). 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)

Interim and temporary accommodation

12. 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)
13. 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)
14. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
15. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Review rights

16. Homeless applicants may request a review within 21 days of being notified of the following decisions:

• the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.

17. Councils must complete reviews of the following decisions within eight weeks of the date of the review request:

• suitability of accommodation.

What happened

18. The following is a summary of the key events relevant to the consideration of the complaint. It is not intended to show everything that has happened.
19. Miss X lives with her two children. She has a diagnosis of sciatica and osteoarthritis causing her chronic pain. Miss X’s mother supports her with her conditions.
20. In late April 2024 Miss X made a homelessness application to the Council.
21. In June the Council accepted the Prevention Duty to Miss X.
22. In September Miss X provided medical information. The Council’s medical adviser found Miss X needed accommodation on the ground or first floor.
23. In November Miss X told the Council she could no longer stay in her accommodation. The Council completed an accommodation suitability booking form. It recorded Miss X needed a level access property.
24. The Council offered Miss X interim accommodation in Property B. Miss X said she was advised the property was accessed via 10 internal steps however it was second floor accommodation accessed via 32 internal steps. It was also located an hour away from her mother.
25. Miss X asked her Housing Officer to review the suitability of Property B because it was unsuitable for her medical needs and too far away from her mother.
26. In early 2025 Miss X complained to the Council because it had not acted on her request to review the suitability of Property B.
27. The Council replied to the complaint it apologised for the delay in acting on her review request. It said it would complete the review of her case.
28. On 20 January it found Property B was unsuitable for Miss X. It said it would place her on its Accelerated Transfers List to find her alternative accommodation.
29. In February the Council accepted the Main Housing duty to Miss X. Property B now became temporary accommodation.
30. Also, in February the Council’s medical adviser considered medical information provided by Miss X. The medical adviser said she needed accommodation that was on the ground floor or first floor or second floor and above with a lift.
31. In March Miss X escalated her complaint because she was still living in property B and her physical and mental health were deteriorating. She said officers were not communicating with her and she did not know what was happening with her case.
32. In April the Council replied. It acknowledged the delays in replying to Miss X and progressing her case. It offered her £175 in recognition of the injustice caused to her.
33. In August it moved Miss X to alternative temporary accommodation.
34. Unhappy with the Council’s handling of her case Miss X complained to the Ombudsman.
35. We made enquires of the Council asking it to detail the efforts it made to find Miss X alternative temporary accommodation following its suitability decision in January.

Finding

36. In September 2024 the Council’s medical adviser recommended Miss X needed ground or first floor accommodation. The Council placed Miss X into interim accommodation located on the second floor without lift access. There is no evidence the Council had regard to this information when it decided Property B would be suitable for Miss X. This is fault.
37. I also note the Council told Miss X Property B was accessed by 10 internal steps however it was accessed by 32 steps. The accommodation suitability booking form it completed also failed to identify Miss X needed ground or first floor accommodation. These errors are further evidence the Council did not properly consider the suitability of Property B for Miss X.
38. In January 2025 the Council accepted Property B was not suitable for Miss X due to her medical conditions. Therefore on the balance of probabilities Property B was unsuitable for Miss X from the date she moved in.
39. The Council’s duty to provide suitable temporary accommodation is immediate, non-deferrable and unqualified. It placed Miss X on to its Accelerated Transfer List in January 2025. I acknowledge there is an acute shortage of available accommodation in London and that Miss X needed specific accommodation to meet her medical needs. These factors together understandably made finding Miss X alternative suitable accommodation more difficult.
40. However, the Council has accepted it did not progress Miss X’s case as it should have. It also did not provide any evidence of its efforts to find Miss X suitable alternative accommodation save for placing her on its Accelerated Transfer List. The failure to move Miss X to suitable temporary accommodation is fault.
41. The failure to provide Miss X with suitable accommodation meant she lived in unsuitable accommodation for seven months. Our guidance on remedies recommends a payment of £150-£350 for each month spent in unsuitable temporary accommodation. Miss X was caused significant distress living in accommodation which was unsuitable for her medical needs and her physical and mental health declined. We would normally recommend a higher payment if there were also other factors making the property unsuitable such as overcrowding however this does not apply here. I therefore consider a payment of £250 per month is reasonable and proportionate.
42. The Council’s reply to Miss X’s complaint recognised it did not progress her case or communicate with her as it should have. This is fault by the Council. It put Miss X to additional time and trouble and caused her uncertainty about what action it was taking. This is injustice. The Council has already apologised to Miss X and made her a symbolic payment. I consider this adequately addressed the injustice caused to Miss X by this fault.

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Agreed Action

43. Within one month of my final decision the Council will:
• Send a written apology to Miss X for the distress caused to her by failing to provide suitable interim and temporary accommodation 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.
• Make a symbolic payment of £2250 to acknowledge Miss X lived in unsuitable accommodation for 9 months.
44. The Council should provide us with evidence it has complied with the above actions.

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Decision

45. I find fault causing injustice. The Council should agree to my recommended actions to remedy the injustice caused to Miss X.

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Investigator's decision on behalf of the Ombudsman