Summary: Mr X complained that the Council unreasonably ended emergency temporary accommodation which was being supplied by its Children’s’ Services Team. We found there was no fault by the Council.

The complaint

1. Mr X complains the Council’s Children’s Services Department unreasonably ended emergency hotel accommodation it was providing when his family were found intentionally homeless. He complained that the Council did not properly consider the impact of his wife’s disability.
2. Mr X also complained that while providing accommodation the Council placed them in various different locations and failed to ensure continuity of the accommodation because bookings were not made until the last minute. Mr X complains it was difficult to get his daughter to school and the situation is stressful.

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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. 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(i), as amended)

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How I considered this complaint

5. I spoke to Mr X and considered the information he provided. I asked the Council for information and considered its response to the complaint.
6. Mr X 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

The Housing Act 1996

7. Section 213A of the Act states that if someone who is under 18 years of age may become homeless and considered intentionally homeless, a housing authority should make a referral to social services.

The Children Act 1989

8. Section 17 of the Children Act states that it is the duty of the council to safeguard and promote the welfare of children within their area who are in need by providing a range of services appropriate to the child’s needs.

Background

9. Mr X and his wife have two children and they were evicted from a property they were renting. The Council considered a homelessness application from them and found Mr X and his family to be Intentionally Homeless on 13 July 2023. The Council provided temporary accommodation following the decision. The temporary accommodation ended on 8 August 2023.

Childrens’ Services Actions

10. On 13 July when Mr X was found to be intentionally homeless, children’s services received a referral from the housing team. A social worker (SW) arranged a financial assessment, carried out a home visit and obtained information about the family from their GP and their daughter’s school.
11. The social worker contacted the housing team and asked them to extend the family’s temporary accommodation because the family had asked for a review of the decision. This was done.
12. In August the SW completed a Child and Family Assessment. The assessment noted the family’s circumstances. It noted Mr X and his wife had medical conditions. The Council found Mr X’s daughter was a child in need as a result of the family’s housing situation. The assessment report noted it was highly likely the Intentionally Homeless decision would be upheld at review, so it was important that the family made attempts to find new accommodation. The SW provided the family with details of an organisation that could help them find accommodation. The report noted the family were reluctant to seek accommodation outside London but the SW had advised Mr X that he was more likely to find suitable, affordable accommodation outside London.
13. In October, Children’s Services received a further referral from the housing team. This explained that the review of the Intentionally Homeless decision had been completed and the decision upheld. This meant the temporary accommodation being provided by housing would cease on 27 October 2023.
14. From 30 October I understand Childrens Services arranged emergency hotel accommodation. This was at two separate hotels in London. Both had good transport links nearby.
15. Mr X complained that bookings lasted for seven days. The Council acknowledged that Mr X and his family had to vacate their room, on occasions, before a new booking was confirmed for the next seven days. It apologised that this happened and caused disruption. It stated bookings could only be organised weekly as this was emergency temporary accommodation and not intended to be long-term.
16. The SW contacted the family again and carried out a further assessment in November 2023. They discussed the family’s contact with the housing assistance organisation and reviewed the family’s circumstances. The SW noted Mr X’s concern that it was not possible for his wife to travel to accommodation outside London. The SW considered this and took account of NHS advice which included precautions that could be taken to enable travel. The SW noted the family had lived in London for many years, but this did not prevent them from seeking housing elsewhere, where it would be more affordable. The report included a consideration of the health and welfare of Mr X’s children.
17. Overall, the SW decided that, unfortunately, decisions taken by Mr and Mrs X had led to their current situation and they had not fully used tools available to them to resolve their housing situation The temporary hotel accommodation was not suitable for the family, long term. Taking account of the circumstances, the SW determined there was not a continuing role for Children’s Services. The SW reiterated that the parents were responsible for the children and must use the tools available to find accommodation.
18. On 13 December the Council told Mr X that Children’s Services would no longer provide the family with accommodation, and it would end on 19 December. I understand that on or around 19 December 2023 Children’s Services agreed to fund accommodation for a further four weeks, but Mr X declined this and presented as homeless at a different London Borough. This ended Children’s Services involvement with the family.

Was there fault by the Council

19. When Mr X was made intentionally homeless, the Council’s housing team referred the family to Childrens Services. This was appropriate and in line with the requirements of the Housing Act.
20. The actions taken by Childrens Services included contact with the family to assess the situation. The Council’s records evidence discussion with Mr X and his wife and their children to understand their views and concerns. Records show that social workers took account of Mr and Mrs X’s health difficulties and considered the welfare of the children. The approach the Council took was correct.
21. The actions taken to arrange a longer stay in temporary accommodation, to give advice about finding suitable accommodation and later, the provision of emergency hotel accommodation were positive steps to assist the family. However, children’s services could not take responsibility for housing the family indefinitely. They sought to provide temporary assistance to enable Mr X more time to find accommodation. They provided advice and guidance to help the family to do this. I found there was no fault in the Council’s decision to end the provision of emergency accommodation in December. I also note the Council offered a further four-week period in December which Mr X declined.
22. In response to our enquiries the Council acknowledged and apologised that there was some disruption to the family when bookings changed. However, I do not consider this issue warrants a finding of fault by the Council.
23. I recognise that the family’s circumstances are difficult. However, I found no fault with the actions of Children’s Services.

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Final decision

24. There was no fault by the Council.

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Investigator's decision on behalf of the Ombudsman