Summary: Ms X complained the Council left Ms Y and her daughter in bed and breakfast accommodation for longer than the law allows. We find the Council was at fault for its delay in moving Ms Y to alternative suitable accommodation. This caused Ms Y distress, and she lived in unsuitable accommodation for longer than necessary. The Council has agreed to make a payment to Ms Y to remedy this injustice.

The complaint

1. Ms X complained the Council left Ms Y and her daughter in bed and breakfast (B&B) accommodation for longer than the law allows. This has had an emotional and physical impact on Ms Y and her daughter.

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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 may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(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 Ms X, Ms Y and the Council as well as relevant law, policy and guidance.
6. Ms X, Ms Y and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Homelessness

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.
8. 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)
9. 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)
10. 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)
11. B&B accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B&B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

What happened

12. Ms Y approached the Council for housing assistance in December 2024. The Council provided Ms Y and her daughter with emergency interim accommodation in a B&B. It also awarded her the relief duty.
13. The Council awarded Ms Y the main housing duty in late February 2025.
14. Ms X (Ms Y’s representative) complained to the Council in early March. She said Ms Y was living in unsuitable accommodation with no kitchen facilities.
15. The Council responded to the complaint. It said it was experiencing an unprecedented demand for temporary accommodation. It accepted Ms Y had lived in B&B accommodation for 12 weeks. It was sorry for this. It offered Ms Y £600 (£100 per week) to reflect that she had been living in unsuitable accommodation for six weeks longer than the law allowed. It also said she was on the transfer list for more suitable accommodation.
16. Ms X referred Ms Y’s complaint to stage two in early June. She said a vulnerable household was still living in unsuitable accommodation.
17. The Council responded to the complaint in July. It said it had offered Ms Y food vouchers in late June. It apologised it had not offered these sooner. It also offered £1,400 to reflect the further 14 weeks Ms Y had been living in B&B accommodation since it issued its stage one response.
18. Ms X emailed the Council in early August and asked when it would move Ms Y to alternative accommodation. The Council responded and said it could not provide a date.
19. Ms X referred Ms Y’s complaint to us on 11 August. The Council moved Ms Y to alternative temporary accommodation (a two-bedroom self-contained flat) on 18 August.

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Analysis

20. The Council has accepted it was at fault for leaving Ms Y in B&B accommodation for longer than the law allows. It apologised to Ms Y, offered her £2,000 and confirmed it had provided food vouchers.
21. I agree the Council was at fault. This has caused Ms Y distress, and she had to live in unsuitable accommodation with her daughter for longer than necessary. I welcome the Council’s attempts to resolve this matter during the complaints process. However, I make a further recommendation.
22. Our remedies guidance says that where a family has had to stay in unsuitable B&B accommodation in excess of the six-week legal limit, we are likely to recommend a weekly payment in the range of £100 to £200. Ms Y lived in B&B accommodation for 28 weeks longer than the law allows. A payment of £100 per week is appropriate for Ms Y’s circumstances. Therefore, the total amount to remedy Ms Y’s injustice is £2,800. I understand the Council has paid Ms Y the £600 it offered in response to her stage one complaint. It should therefore pay £2,200.
23. The Council explained to us in another similar investigation it recognised it needs to reduce the use of B&B accommodation. It is working with other organisations to secure other types of accommodation. It is also taking part in a government pilot programme which includes an action plan to reduce the use of B&B accommodation. I am satisfied with the steps the Council is taking to address this matter, and I therefore have not made any service improvement recommendations.

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Action

24. By 23 June 2026 the Council has agreed to pay Ms Y £2,200 to reflect the time she was living in unsuitable B&B accommodation.
25. The Council should provide us with evidence it has complied with the above action.

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Decision

26. There was fault by the Council, which caused Ms Y an injustice. The Council has agreed to my recommendation and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman