Summary: Miss Y complained about the Council’s response to her request for a move to alternative temporary accommodation. We have found fault by the Council, causing injustice, in its: failure to follow the proper process, and delays, in response to Miss Y’s contact about the suitability of her current accommodation; its delay moving her to suitable accommodation; and its communication failures. The Council has agreed to remedy this injustice by: apologising; making payments to recognise the upset caused by living in unsuitable accommodation and uncertainty caused by its other failures; confirming its response to later complaint issues; and making service improvements.

The complaint

1. Miss Y complains about the Council’s failure to move her to alternative suitable accommodation, following its decision in May 2025 her current temporary accommodation was no longer suitable for her. It didn’t move her to new temporary accommodation until December 2025.
2. She says, because of the delay, she and her children had to continue living in overcrowded, unsuitable accommodation, affecting their health and wellbeing and causing her stress and upset.
3. Miss Y wants the Council to apologise, make financial redress for the impact of the delay and improvements to its review process.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these.
5. 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)
6. 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

7. I have looked at what happened from March 2025, when Miss Y asked the Council to review the suitability of her accommodation following the birth of her second child, until October 2025 when the Council responded to the complaint, after Miss Y’s contact with us.
8. I have not investigated Miss Y’s concerns about the Council’s communication after October 2025 about her move to new accommodation in December 2025, or about its condition, because these issues were not part of the complaint she brought to us.

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How I considered this complaint

9. I considered evidence provided by Miss Y and the Council as well as relevant law, policy and guidance.
10. Miss Y 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

What should have happened

Accommodation for homeless applicants

11. 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)
12. If a council is then satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need, it 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)
13. 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

14. A homeless applicant who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability within 21 days of being notified of its decision about the suitability of the accommodation offered to them. (Housing Act 1996, section 202)
15. The Council must complete the review within eight weeks of the review request.
16. 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)

Change in an applicant’s circumstances

17. Councils have a duty to keep the suitability of accommodation under review. An applicant may ask a council to reconsider the suitability of their current temporary accommodation if their circumstances change (for example, if their medical or disability-related needs change or there is an increase in the size of the household). The council should then make a new suitability decision. (R(B) v Redbridge LBC [2019] EWHC 250 (Admin))
18. If the council agrees the accommodation is unsuitable, it owes an immediate, non-deferrable and unqualified duty to provide suitable accommodation (Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601).
19. If the council accepts the accommodation is unsuitable, the applicant does not need to request a section 202 review.

What happened

20. I have set out a summary of the key events below. It is not meant to show everything that happened. It is based on my review of all the evidence provided about this complaint.

Background

21. Miss Y and her child were living in private rented accommodation. When her landlord served her with notice to leave the property. Miss Y made a homelessness application to the Council.
22. The Council accepted Miss Y was homeless and in priority need and provided her with a studio flat as interim accommodation in July 2024.
23. The Council accepted it owed Miss Y the main housing duty in November 2024. It confirmed this in writing and also that, as her current interim accommodation was now her temporary accommodation, she had the right to ask for a review of its suitability.

March 2025: Miss Y’s contact about the suitability of her accommodation

24. Miss Y had a second child in February 2025. On 3 March she told the Council the accommodation was no longer appropriate, due to overcrowding, following the birth of her new baby. She asked it to review its suitability.
25. The Council acknowledged Miss Y’s request. It said it could take up to 56 days to complete the review. It also asked for further details about her request.
26. Miss Y told it there was no visible disrepair, but the property did not heat up adequately, had no bath for the children to use, and could only accommodate one double bed which they had to share.
27. The Council recorded in a case note its Temporary Accommodation team would move Miss Y.
28. It also sent Miss Y information about the review process and a GP consent form which she completed and returned.

April to May 2025: review enquiries

29. The review officer contacted Miss Y in April and asked for details about the size of her current property and number of rooms. Miss Y provided this information.
30. On 7 May Miss Y chased the Council about the review outcome. She said this this should have been completed within 56 days of her request on 3 March.
31. The Council asked its medical adviser for recommendations about Miss Y’s housing needs. They said overcrowding was not a medical issue and did not make any other recommendations.
32. On 23 May the Council issued its decision on the outcome of its review of the suitability of Miss Y’s current accommodation. It said:

• its Temporary Accommodation team had confirmed it would find alternative accommodation for her;
• it had asked its medical adviser to consider her medical information and representations. They had not made any medical recommendations for her household; and
• she could send any further assessments or information about her child’s medical condition to the housing team for consideration.

33. The Council told Miss Y its Temporary Accommodation team would be in touch when it had found alternative accommodation for her.

June 2025: contact with the Temporary Accommodation team

34. The Temporary Accommodation team assessed Miss Y and her children needed a one-bedroom property with separate sitting room or two-bedroom property.
35. The Council told Miss Y’s MP, in response to their contact, she was on its system for a move, but it couldn’t say when this would be due to the numbers on its wating list.
36. Miss Y contacted us about the Council’s delay moving her to suitable accommodation. As she had not yet complained to the Council, we said the Council should be asked to respond to her complaint before we could look at it.

July to September 2025: further contact

37. Miss Y and her MP continued to chase the Council about her move to new accommodation but did not receive a response.
38. In September the Council told Miss Y’s MP:

• its delay in replying was due to the high number of enquiries; and
• it would move Miss Y and her family as soon as possible, but this could take some time due to high demand and limited availability of accommodation.

The Council’s response to Miss Y’s complaint

39. The Council responded to Miss Y’s complaint in October 2025. It said:

• it accepted the delays moving Miss Y and acknowledged their impact;
• there was a long waiting list due to the high number of households waiting to be moved. It had to prioritise those with disabilities or about to be evicted; and
• it would make every effort to ensure her case was given priority at the next move panel meeting.

40. The Council offered Miss Y a £50 voucher in recognition of the delay.

October to December 2025: move to new accommodation

41. The Council told Miss Y in October it had found her alternative accommodation, but she could not move in until work had been completed.
42. Miss Y asked in December when the accommodation would be ready. The Council checked with the managing agents. It proposed a move in date of 12 December, but this was then delayed.
43. Miss Y moved into new accommodation on 16 December. She later complained to the Council about its condition and suitability.

The Council’s further complaint response

44. In its final response in May 2026, the Council upheld Miss Y’s complaint about the delay in moving her to new accommodation and communication failures. It offered her £450 as redress for the upset caused.

My decision – was there fault by the Council causing injustice?

The Council’s response to Miss Y’s change in circumstances

45. Miss Y told the Council on 3 March that, following the birth of her second child, their temporary accommodation was no longer suitable for her household. She now needed larger accommodation with additional bedrooms.
46. As this was a change in Miss Y’s circumstances, the Council should have re-assessed the suitability of Miss Y’s current accommodation and made a new decision about its ongoing suitability. If it decided it continued to be suitable, Miss Y would then have had the right to ask for a review of this new decision.
47. The Council failed to follow the proper process in response to Miss Y’s contact. It was fault to treat this as a request for a suitability review.
48. There was also delay by the Council completing its enquires. It took more than two months to tell her it would move her to new accommodation. This delay was fault.
49. These faults caused Miss Y uncertainty about the Council’s process and the outcome of her request.

Delay moving Miss Y to new temporary accommodation

50. Had the Council properly considered the change in Miss Y’s circumstances, my view is it would have promptly established her current studio accommodation was no longer suitable now she had two children.
51. It recorded in its notes, on 10 March 2025, its Temporary Accommodation team would move her to new accommodation. In my view this confirms it had accepted at that stage her current accommodation was no longer suitable.
52. Having accepted her temporary accommodation was unsuitable, the Council then owed Miss Y an immediate, non-deferrable and unqualified duty to provide her with suitable accommodation.
53. I note what the Council has said about the numbers of applicants on its waiting list for a move, and its difficulties securing suitable alternative accommodation because of high demand and limited availability within its area.
54. But its failure to move Miss Y and her children immediately to suitable accommodation was fault.
55. Because of this fault, Miss Y, her eight-year-old child, and new baby had to continue living in unsuitable accommodation, sharing a studio flat with no separate bedroom or kitchen/living room, which was too small for their needs, from 10 March to 16 December 2025. I propose a payment of £250 a month to recognise the impact of this.
56. The Council also accepted it failed to keep Miss Y properly updated, in the period from March to October 2025, about the difficulty finding her suitable alternative accommodation. These communication failures were fault.

The Council’s May 2026 complaint response

57. This response also dealt with complaint issues relating to the period after October 2025. The remedies I have recommended below are for the failures which took place in the period from March to October 2025.
58. The Council should review this, taking account of the action proposed in this decision, and confirm its response and proposed remedies for the unresolved complaints concerning the period from October 2025.

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Action

59. To remedy the injustice caused by the above faults, and within four weeks from the date of our final decision, the Council has agreed to:
1. apologise to Miss Y for its: failure to follow the proper process, and delays, in response to her contact about the suitability of her current accommodation; its delay moving her to suitable accommodation; its communication failures; and the upset caused. This apology should be in line with our guidance on Making an effective apology;
2. pay Miss Y pay Miss Y £2,300 to recognise the upset and distress caused by living in unsuitable temporary accommodation for 9.2 months from 10 March to 16 December 2025. This is based on our guidance on remedies;
3. pay Miss Y £100 to recognise the worry, upset and uncertainty caused by its failure to follow the proper process and communication failures during the period from March to October 2025. This is a symbolic payment based on our guidance on remedies ; and
4. contact Miss Y to confirm its response to the unresolved complaint issues relating to the period from October 2025, referred to in its May 2026 response.
60. And within two months from the date of our final decision, the Council has agreed to:
1. review its procedures for operating its waiting list of applicants who need to move to new temporary accommodation to ensure they are regularly updated;
2. review its procedures for procuring temporary accommodation and tell us what it is doing to increase its supply; and
3. review its guidance to officers to ensure it clearly explains the different processes for an applicant’s change of circumstances and a suitability review request and share the learning from this decision with relevant officers.
61. The Council should provide us with evidence it has complied with the above actions.

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Decision

62. I find fault causing injustice. The Council has agreed to take the above actions to remedy this injustice.

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Investigator's decision on behalf of the Ombudsman