Summary: Ms X complained that the Council failed to make sure the managing agent of her temporary accommodation provided a satisfactory repairs service. She said there was an unreasonable delay in replacing external doors which were not waterproof resulting in damp and mould and a delay in resolving issues concerning access to the property. We found the agency failed to complete the repairs in accordance with its service level agreement. In recognition of the injustice caused, the Council has agreed to apologise to Ms X and make a payment to her.

The complaint

1. Ms X complains that there was an unreasonable delay in replacing external doors which were not waterproof and in resolving issues relating to the access to her temporary accommodation. She says that, as a result, she and her family lived in cold, damp and mouldy conditions for months making them ill. The situation also affected her mental health.
2. Ms X also says the Council failed to keep her informed and there was a lack of support from the temporary accommodation officer causing her additional distress.

Back to top

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 investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), 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(i), as amended)

Back to top

How I considered this complaint

6. I have considered all the information provided by Ms X, made enquiries of the Council and considered its comments and the documents it provided.
7. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Legal and administrative background

Temporary accommodation

8. 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 suitable accommodation is available for their occupation. But there is no duty on councils to provide a permanent secure or assured tenancy. Usually, a council will arrange temporary accommodation for the applicant until it makes a suitable offer of social housing or privately rented accommodation.

Suitability of accommodation and reviews

9. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
10. The council must consider if the accommodation is:
• Affordable
• in good enough condition
• in a suitable location
• the right size
• suitable for any health issues or disabilities.
11. As the duty to provide suitable accommodation is a continuing obligation, councils must keep the issue of suitability of accommodation under review. If there is a change in circumstances the council must consider whether the accommodation remains suitable.
12. Anyone who believes their temporary accommodation is unsuitable can ask the council to review its suitability.

Hazards and disrepair

13. The legal duty lies with the Council to ensure the applicant is in suitable accommodation which is free from disrepair or hazards. The Council is responsible for the actions of providers of temporary accommodation because they are acting on its behalf.
14. Accommodation is not suitable if it falls below certain minimum standards. The Homelessness Code of Guidance recommends that any accommodation should, as a minimum, be free of “Category One” hazards assessed under the Housing Health and Safety Rating system (HHSRS). A category one hazard is a hazard that poses a serious threat to someone’s health or safety, such as excessive cold, damp and mould.
15. The Housing Act 2004 sets out councils’ duties and powers to address hazards in residential properties in their area. Where a council, for any reason, considers it would be appropriate to inspect a property to determine whether any hazard exists, it must arrange an inspection. If a council considers a category one hazard exists it must take the appropriate enforcement action. If there is a category two hazard, the Council has the power to take enforcement action.
16. Enforcement action includes serving an improvement notice which instructs the owner what work must be done to put the property right. If the owner does not do the work, the Council can do the work in default and charge the owner the cost of this.
17. In relation to disrepair, in the first instance, occupiers are expected to report any defects to the landlord or managing agent.
18. Councils should have an agreement with the landlord or agent which sets out the minimum property standards and timescales to deal with responsive repairs.
19. If the landlord or agent fails to respond and does not inspect the property and arrange for works to be done in a reasonable time, the applicant may then contact the Council.
20. If there is persistent or recurring disrepair which has not been remedied by the landlord or agent, we would expect the Council to be proactive and investigate. The team responsible for managing temporary accommodation should liaise with the landlord or managing agent to get necessary repairs done and check works have been satisfactorily completed.

Key facts

21. This chronology sets out key events in this case and does not cover everything that happened.
22. The Council accepted a homelessness duty towards Ms X and her children and placed them in temporary accommodation in May 2022. It also assigned a temporary accommodation officer (TAO) to support Ms X. The accommodation was managed by a housing provider (Agency Y) on behalf of the Council.
23. Ms X was assigned a new TAO, Officer B, at the end of October 2022.
24. On 3 November another TAO sent an email to Ms X explaining Officer B would be away from work for a few weeks. She said another officer, Officer C, would be able to help in his absence.
25. On 17 November Ms X contacted the Council saying the access to her temporary accommodation was becoming very muddy and slippery and it was difficult to get in and out in wet weather, particularly with her young children.
26. An officer responded the same day saying the issue had been caused by the previous tenant parking on the front garden. She suggested parking on the road and walking down the concrete alleyway at the side of the house. Ms X replied that the alleyway was very dark and overgrown. She said it was not reasonable to use it as a regular entry to the house especially with her young children. She said she would feel unsafe.
27. The following day Ms X sent another email saying Agent Y’s contractor had cut the hedges in the garden but refused to touch the alleyway because it did not form part of the property. She asked the Council to help with this saying she could not safely access the accommodation. She also asked whether it could put some slabs down so she could access the property via the garden instead.
28. A senior TAO, Officer A, advised Ms X that the front garden was not intended to provide pedestrian access to the property and Ms X should use the alleyway. She said she could ask for the hedges to be cut back to make access easier.
29. Ms X replied saying the hedge would need to be trimmed down an extreme amount and widened to allow space for a pushchair. She also asked whether she could place some slabs on the mud until suitable access was provided.
30. Officer A sent an email to Agency Y saying the alleyway had been an ongoing issue as the hedges were “vastly overgrown and not maintained nearly as much as they should be”. She said she had asked Ms X to use the alleyway “but with the hedges being so overgrown, it’s virtually impossible”.
31. On 19 November Ms X sent a further email asking the Council to contact Agency Y about damp in the house. She said the front door was covered in mould and, when it rained, it became wet through to the inside. She said it had no protective coating but was just a plain wooden door such as would be used on the inside of a property. She also said the wardrobe was damp and covered in mould and the back was rotten.
32. Officer A sent an email to Agency Y asking them to resolve the issues and updated Ms X.
33. On 28 November Ms X sent an email to the TA team saying she had contacted Environmental Health as she had not heard anything and the mould was returning after a couple of days of cleaning because the external doors were completely wet. She said Agency Y had made an appointment the previous week to replace the wardrobe but this had not happened. She also said she had not heard anything about the access to the property. She had not been able to find any concrete slabs and asked the Council to provide some.
34. The following day Ms X sent a further email about the alleyway saying the hedges were three metres high and the ground was covered in debris. She said it was unrealistic and unsafe to use it with young children.
35. On 30 November Officer A recorded that she chased up Agency Y five times and, when she spoke to them, they had no plan to resolve the issues. She updated Ms X and offered to move her to another property. Ms X declined saying it would be away from her support network and was also in a risk area for her. The officer explained it might be difficult to find alternative temporary accommodation near Ms X’s support network but Ms X was adamant she did not wish to move.
36. Officer A wrote to Ms X confirming their conversation. She confirmed the Council did not have any available properties in Ms X’s preferred areas but she would ask Officer B to make an appointment to see Ms X to help her find alternative permanent accommodation. In the meantime, she would continue to chase Agency Y.
37. On 2 December Officer A contacted Agency Y again. She said the front garden was “a mud bath” and the hedges had grown since they had been trimmed in September. She asked how the landlord was planning to remedy the issues at the property.
38. The same day Ms X made a complaint to Agency Y.
39. On 9 December Agency Y wrote to the Council explaining that the external doors had not been treated which had allowed water to seep into the wood. The issue had been referred to the landlord and they had been asked to replace both doors. Agency Y also explained that the hedge to the access way had been cut back but they would arrange to cut it back further.
40. On 15 December Ms X requested a new TAO. She said she had not received any contact from Officer B since he returned from leave on 4 December apart from to invite the family to a Christmas party. She said it had been weeks since she reported the issues and they were still living in a mouldy, damp house which was permanently cold.
41. Ms X made a complaint to the Council. She said she had not had proper access to the property for weeks and had had to contact the landlord herself to arrange for slabs to be put down so she and the children could walk into the house without slipping and falling. She also said nothing had been done about the damp and mould despite her chasing the matter up.
42. Officer A requested an update from Agency Y. They responded saying they had not heard from the landlord but were planning to change the doors in a couple of days.
43. On 19 December Agency Y sent an email to Ms X confirming new doors would be fitted in a few days.
44. The same day Officer B sent an email to Ms X providing answers to questions she had asked him a few days previously. He explained that his senior officers were in daily contact with Agency Y and attended weekly meetings with them. They had discussed the issues at Ms X’s property and Agency Y had said replacement doors were scheduled to be fitted on 21 December.
45. On 20 December Ms X again requested a new TAO saying Officer B had arranged to visit her on 16 December but did not do so. Officer A explained the Council could not provide another TAO at present but may be able to review this in the New Year. She confirmed Agency Y had now arranged to replace the doors.
46. The following day Agency Y’s contractor visited the property. Ms X says he told her he had been instructed to paint the doors and new doors would not be fitted. Ms X complained to Agency Y who explained the doors were not a standard size and so had to be made and then fitted. In the meantime, the contractor was going to treat the existing doors to help prevent further water penetration. However, it accepted the contractor may not have properly explained this.
47. On 22 December the Council responded to Ms X’s complaint at stage 1 of its complaints process. It said it was working to provide her with alternative temporary accommodation as soon as possible.
48. On 12 January there was a meeting between Agency Y and TAO’s. Agency Y confirmed a contractor would visit in a few days to measure up and order new doors.
49. On 18 January Ms X sent an email to Officer A saying the doors had still not been replaced. She said Officer B had told her he could not chase up the issue without seeing the situation for himself but, on the day he had arranged to visit, he couldn’t come because he “had to wrap all the Christmas presents for the Christmas party”. She said that, despite her complaint and request for another TAO, nothing had been done. She said Agency Y kept saying they were liaising with the landlord but the landlord said he had not heard from them.
50. Officer A responded saying that, once alternative temporary accommodation could be found near Ms X’s support network, she would be moved.
51. On 20 January the Environmental Health team sent an email to the TA team asking when the repairs would be completed. They sent a further email on 23 January saying that, if the repairs were not completed, they would complete an inspection under the HHSRS to determine whether there were any hazards in the property.
52. The same day Officer A sent an email to Agency Y asking when the doors would be addressed and explained Environmental Health were now involved.
53. On 24 January Officer A told Ms X the Council had now identified suitable alternative temporary accommodation for her.
54. Ms X replied explaining the landlord had replaced the doors as she had contacted him directly. So, there was no need for her to move.
55. In June Ms X asked the Council to investigate her complaint at stage 2 of its complaints procedure. The Council did not respond. She later complained to us.

Analysis

Damp and mould

56. Agency Y’s service level agreement sets out timescales to complete repairs. It states that ‘severe mould’ would fall within the ‘urgent repairs’ category and the completion target for such repairs was within seven days of the fault being reported.
57. Ms X reported the damp and mould to Agency Y and the Council on 19 November 2022. The issues were not resolved until 24 January 2023. This significantly exceeded the timescales set out in the service level agreement. This delay was fault and caused Ms X distress and inconvenience and she and her young children had to live in unsatisfactory housing conditions for two months longer than necessary.
58. I appreciate the Council attempted to resolve the issue by repeatedly contacting Agency Y. It also offered Ms X alternative temporary accommodation on 30 November which she declined because it was in one of her ‘risk areas’.
59. However, the Council is responsible for the actions of Agency Y and their contractors when they act on its behalf to manage temporary accommodation. I therefore find the Council was at fault.

Access to the property

60. Ms X raised the issue regarding access to the property on 17 November 2022. The issue was not resolved until mid-December despite the Council raising this with Agency Y.
61. Under the service level agreement, it is likely that this repair would have fallen within the ‘routine repairs’ category so the target timescale to complete the works was within 30 days of the fault being reported. This target was met, albeit because Ms X contacted the landlord directly, so I do not uphold this aspect of Ms X’s complaint.
62. In response to a draft of this decision, Ms X says that the slabs put down by the landlord did not resolve the issue as they did not provide full access to the house and cracked shortly after being put down. However, she did not raise this issue again, so the Council was under the impression that the matter had been resolved. In these circumstances, I do not criticise the Council for failing to take further action.

Communication

63. Ms X says the Council failed to keep her informed. I have seen no evidence to suggest this was the case. There was regular correspondence between the TA team and Ms X.
64. I do not therefore uphold this aspect of Ms X’s complaint.

Support from the temporary accommodation officer

65. Ms X did not receive support from Officer B when he was on leave for a month, but she was given the name of Officer C to contact if she needed help. She was also contacted by Officer A who was liaising with Agency Y to try to resolve the issues.
66. Ms X was upset that Officer B did not contact her on his return from leave on 4 December other than in relation to the Christmas party. However, Officer B said he had tried to contact her by telephone, text and email between 7 and 15 December. There is therefore a conflict of evidence on this point. In any event, Officer A was dealing with the matter at the time and liaising with Ms X so, whether Officer B contacted Ms X during this period or not, no injustice was caused. The Council also acted in accordance with Ms X’s wishes by replacing Officer B.
67. I do not uphold this aspect of Ms X’s complaint.

The Council’s response to Ms X’s complaint.

68. Ms X complained to the Council at stage 1 of its complaints process on 15 December 2022. It responded on 22 December which was within its published timescales.
69. The Stage 1 response stated that, if Ms X remained dissatisfied, she could request a review of the response within 30 working days. Ms X did not do so until June 2023. Clearly, Ms X’s request was outside the required timeframe. However, I find the Council should have responded to her request. Its failure to do so was fault and put Ms X to the inconvenience of complaining to us.

Back to top

Agreed action

70. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them. So, although I found fault with the service provided by Agency Y, I have made recommendations to the Council.
71. The Council has agreed that, within one month, it will:
• apologise to Ms X in writing for the faults identified above; and
• pay Ms X £500 in recognition of the fact that she and her young children lived in unsatisfactory conditions for longer than necessary. I have calculated this remedy in line with our guidance on remedies.
72. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

73. I find the Council was at fault because Agency Y delayed in remedying the disrepair in the property causing Ms X injustice.
74. I have completed my investigation on the basis that the Council has agreed to implement the recommended remedy.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman