Summary: Mr X complains the Council was at fault in the way it dealt with his need to move from his temporary accommodation after the Council decided it was unsuitable for him and his family’s medical needs causing distress. We found fault because the Council did not provide Mr X with suitable temporary accommodation, and we have made appropriate recommendations. So, we have completed our investigation.

The complaint

1. I have called the complainant Mr X. He complains the Council failed to move his family to alternative accommodation after deciding their temporary accommodation was unsuitable in March 2022. Mr X also complains the Council failed to resolve long-term disrepair issues at his temporary accommodation. Mr X says the situation caused distress to the family and affected their physical and mental health.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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

What I have and have not investigated

6. I have investigated Mr X’s complaints about the time taken to provide the family with alternative accommodation and failure to deal with the disrepair from March 2022 onwards after the suitability review of the temporary accommodation. I have not investigated any concerns Mr X may have about the way the Council dealt with his homelessness application in 2021. This is because Mr X’s complaints to us about the homelessness application and events before March 2022 are late. It was reasonable to expect Mr X to have raised any concerns about the homelessness application and events before the suitability review to us before now. And so there are no grounds for us to exercise discretion to investigate any concerns now.

Back to top

How I considered this complaint

7. I have read the documents submitted by Mr X and spoken to him about the complaint. I considered information from the Council and the supporting documents it provided along with the relevant law and guidance.
8. I had regard to the Ombudsman’s Guidance on Remedies.
9. Mr 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

Relevant legislation and guidance

Temporary accommodation

10. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) sets out councils’ powers and duties to people who are homeless or threatened with homelessness. If a council is satisfied an applicant is 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. (Housing Act 1996, section 193)
11. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main homelessness duty.
12. Councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. This duty applies to interim accommodation and accommodation provided under the main homelessness duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2)
13. Council’s must assess whether accommodation is suitable for each household individually. Whether accommodation is suitable will depend on the relevant needs and circumstances of the homeless person and their household. (Homelessness Code of Guidance, 17.4 and 17.9)
14. The duty to provide suitable accommodation is immediate, non-deferrable, and unqualified. (Elkundi, R (on the Application Of) v Birmingham City Council [2022] EWCA Civ 601)
15. 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 of circumstances the council must reconsider whether the accommodation remains suitable.
16. Certain decisions councils make about homelessness carry a statutory right of review. The review decision then carries a right of appeal to court on a point of law. Homeless applicants have the right to ask for a review of the suitability of temporary accommodation provided under the main housing duty. We refer to these rights as s202 reviews. (Housing Act 1996, s202)

The Council’s temporary Accommodation Allocations Policy April 2021

17. This sets out the Council’s policy for the prioritisation of homeless households for temporary accommodation according to its location. The Council will usually offer B&B accommodation, privately rented self-contained accommodation and hostels owned and managed by the Council. Its policy is to provide suitable accommodation within the borough whenever reasonably practicable. But this is not always possible due to the high demand and lack of suitable properties. In addition, many rents in the area are unaffordable for people on low incomes or benefits.
18. The Council’s policy aims to ensures it prioritises those who have the greatest need to be accommodated in the borough or a close as possible to a particular location such as accessibility to essential medical facilities. For the purposes of allocating temporary accommodation, it categorises it into Zone A, B or C. Zone A is within the borough, Zone B is within Greater London and neighbouring districts and Zone C is located outside of Zones A and B.
19. The Council also has an Accommodation Acquisitions Policy April 2021. The objective is to procure sufficient units of accommodation to meet the anticipated demand for properties in each financial year. The Council confirms it is doing its best to develop more affordable temporary accommodation in and around the borough. But there are far more people in need of accommodation than there are available properties. People can stay in temporary accommodation for several years depending on the availability of accommodation. And it encourages people to be proactive in trying to secure their own private rented accommodation. The Council may be willing to help with some financial costs of securing the accommodation.

What happened

20. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.

Background

21. Mr X, his wife and three children approached the Council as homeless in September 2021. Mr X has a medical condition needing continuing hospital treatment and one child also had a medical condition. The Council accepted Mr X’s homelessness application in October 2021 and to provide him with accommodation under the relief duty.
22. The Council sent Mr X’s medical information to its medical adviser to assess Mr X’s housing needs based on his medical condition. This confirmed Mr X needed a second-floor property if no lift, any floor with a lift and self-contained accommodation. The Council provided Mr X and family with temporary accommodation in October 2021.
23. The Council accepted a main housing duty towards Mr X in November 2021 to find him secure accommodation. But told Mr X it could not say how long it would take to arrange a Private Sector Rented (PRS) short hold tenancy or make an offer of social housing. It explained that although it accepted a duty it did not mean he would receive an offer of social housing and the Council would not be able to let them wait in temporary accommodation until a property was available due to shortage of available social homes in the area. The Council advised Mr X about seeking his own PRS accommodation and the Council would assist with a deposit.
24. The Council arranged different temporary accommodation in a flat for the family via a private sector landlord starting in December 2021. Mr X moved to the flat and applied to join the housing register.

Suitability Review request January 2022

25. In January 2022 Mr X’s solicitors submitted a s202 review request on the suitability of the temporary accommodation offered in December 2021. The solicitors said the flat was unsuitable on medical grounds and due to disrepair.
26. The Council investigated Mr X’s complaints about the accommodation. Mr X said there was damp and mould in the property and a mouse infestation. This caused an infection risk to his health and a negative impact onto the family. The Council asked the landlord to carry out repairs. In March 2022, the landlord told the Council they had carried out the works, but the mould had reappeared. The landlord planned to carry out a damp survey and install condensation units. The Council asked Mr X about the repairs and established the landlord had not carried out all the works.
27. The Council considered Mr X’s review request, family composition, medical needs, and repair issues at the temporary accommodation. The Council acknowledged the landlord had not completed the repair works. And due to Mr X’s medical condition he was vulnerable and at greater risk of infection than an ordinary person. The Council upheld the review request on 28 March 2022 and found the accommodation unsuitable for Mr X and his family to live in due to health needs. It placed the household onto a transfer list to move to more suitable accommodation as a priority.
28. The Council’s documents show it considered Mr X’s case further in May 2022 as he sent in information about his medical condition and one of his children. The Council looked at the zone he could move to as he needed to be near to the hospital from treatment. The Council also reviewed Mr X’s case in August 2022 but noted difficulty finding accommodation suitable for Mr X’s medical needs.

Complaints of damp and mould

29. In November 2022 Mr X told the Council there was still damp, mould and mouse infestation at the flat which remained unresolved. Mr X reported one of his children was unwell and their health deteriorating due to conditions at the flat. Mr X said the child needed an operation. But could not have the procedure while they were living at the flat due to the risk of infection because of damp and mould. Mr X said another child had also been diagnosed with a health condition. The Council reviewed Mr X’s case and its medical adviser recommended Mr X be offered ground floor or accommodation with a lift and a shower only at the property.
30. A health care charity contacted the Council in January 2023 in support of Mr X’s need to move due to the poor condition of the temporary accommodation. Mr X’s MP also complained. The Council acknowledged the situation and said it aimed to find a resolution soon. And intended to rehouse Mr X and family within 28 days in suitable temporary accommodation.
31. The Council carried out a Housing Health and Safety Rating System (HHSRS) inspection of the flat. The HHSRS is a scoring system used to assess the effect of certain hazards on the health, safety, and wellbeing of the occupants. It enables the Council to take action to remedy any hazard to ensure housing is safe to live in. The inspection noted extensive mould growth at the property. The Council placed the damp and mould into the highest band as a category 1 hazard. It found other hazards present too.
32. In March 2023 the Council issued a Prohibition Order against Mr X’s landlord which identified repairs needed at the property. The Prohibition Order can be made if there are one or more category 1 or 2 hazards. It stops the use of part or all a building or restricts the type or number of people living there. The landlord agreed to carry out the works and offered Mr X alternative accommodation while carrying out the works. Mr X refused to move from the flat.
33. The Council served Mr X with a formal warning letter in April 2023 as it considered Mr X was breaching the licence agreement due to the refusal to move. The Council said Mr X was not allowing the landlord to meet their legal obligations and responsibilities to do the schedule of works. The Council noted Mr X felt the property affected his family’s health but was refusing to move to allow the works to be done. The Council considered Mr X was endangering his family’s health by refusing to move for the repair work and it may need to serve notice on him if he failed to leave the accommodation.
34. Mr X said he may consider a move to one of three cities outside of London. So, the Council agreed to look for accommodation in those cities.
35. In April 2023 Mr X’s MP complained for Mr X the 28 days had passed and he remained in a property affecting the family’s health. The Council explained it had placed Mr X on a transfer waiting list after a review of his temporary accommodation. The landlord agreed to do works and offered Mr X alternative accommodation while carrying out the works. The repairs contractor was ready to start work, but Mr X refused to move so the landlord could not take any action.
36. The Council said it did not have any suitable properties available to offer Mr X as alternative accommodation due to his medical needs and the demands on housing. But it would make Mr X an offer as soon as it identified a suitable property. The Council could not say how long it would take. And Mr X still had the option to find his own private rented accommodation with Council financial help to pay the deposit.

Council visit to Mr X’s accommodation

37. Mr X allowed the Council and landlord access to the property in August 2023 to discuss the property and family’s wish to be moved to alternative accommodation. Mr X said the family could now move to accommodation with a bath and no longer needed accommodation with only a shower.
38. The Council accepted certain aspects of service Mr X received did not meet his expectations and apologised. It explained that finding move-on accommodation was difficult because it was in short supply and families had a long wait for a move. In Mr X’s case the family’s specific medical needs added to difficulties in sourcing alternative accommodation for them. The Council said Mr X needed to provide supporting medical evidence the family could live in a property with a bath and do not need accommodation with only a shower. The Council asked Mr X to complete a new medical form for each family member with a medical condition.
39. The Council reminded Mr X of the need to let the landlord carry out the repairs and this would not affect his position on transfer list. The Council said if Mr X refused access the landlord may seek to evict him to get the property back. If so, the Council may place Mr X and family in Bed and Breakfast accommodation. The Council noted Mr X reported the accommodation was affecting the family’s health, so it was important he gave access to allow repairs while Council sought alternative accommodation for the family.
40. Mr X’s MP complained again in September 2023. The Council confirmed it had carried out a recent review of family’s housing needs to ensure any future offer is suitable. And it was still looking for alternative accommodation for the family. Mr X wanted to move to different cities, and it was looking into this for him. The Council said it had not received any further medical evidence from Mr X’s hospital consultant to change the family’s housing needs.
41. The Council said it was encouraging Mr X to allow access for the outstanding repair work and it would not affect Mr X’s priority for housing. It noted Mr X had not placed any bids for social housing since July 2023. And when he was bidding his positions on shortlist were improving. The Council said Mr X needed to bid for properties targeted for homeless families in temporary accommodation. The Council confirmed it would contact Mr X when it found a suitable property. But Mr X could also look for his own PRS property in areas he found suitable, and it may help with financial support.
42. In October 2023 Mr X found a PSR property to rent in a different city. The Council provided financial help to help Mr X secure the property. Mr X and family moved to the property and the Council cancelled his temporary accommodation.

The Council’s comments on the complaint

43. The Council confirms it carries out weekly Internet searches on property rental websites and telephone its approved temporary accommodation providers to find suitable properties for clients including Mr X. The Council provided samples of Internet pages searched and telephone calls made to finds temporary accommodation. Once it finds a suitable property it allocates according to assessed need.

My assessment

44. The Council considered Mr X’s temporary accommodation was unsuitable in March 2023 and would move him to other temporary accommodation. It is not sufficient for a council to simply say it will find an applicant alternative temporary accommodation and wait for a property to become available. We expect Council’s to be able to evidence their efforts to secure suitable temporary accommodation at both a strategic and individual level. The Council has explained the action it is taking to increase the supply of properties at a strategic level. It has also demonstrated it was actively seeking alternative temporary accommodation for Mr X and his family through the weekly Internet searches and phone calls to accommodation providers.
45. The Council has explained the difficulties in finding temporary accommodation in its area. We are mindful of the difficulties in procuring housing in London and nationally. But the law says temporary accommodation must be suitable and the duty to provide suitable accommodation is immediate and cannot be deferred. So, although the Council has demonstrated the efforts made to find suitable temporary accommodation for Mr X, the delay of 19 months from March 2022 until October 2023, in moving Mr X to suitable temporary accommodation would be service failure. And this is fault by the Council.
46. The delay in moving Mr X and his family has caused an injustice to them as it means they have lived in unsuitable temporary accommodation for 19 months. Our Guidance on Remedies recommends a payment of £150 - £350 for each month spent in unsuitable temporary accommodation. The Council was aware the property was considered unsuitable due to disrepair issues. The information from the Council shows it asked the landlord to carry out repairs in March 2022 and it found the repairs were not fully completed. There is no evidence that after deciding the temporary accommodation was unsuitable the Council took further action to require the landlord to do the repairs until its inspection in February 2023. The Council then issued a Prohibition Order in March 2023 due to the category 1 hazards it found. So, Mr X and his family were left to remain in unsuitable accommodation the Council knew needed to be repaired and could impact on to the family’s medical conditions. The delay of 12 months to take any further action on the repairs is fault and has increased the injustice caused to Mr X and his family while in the temporary accommodation.
47. To remedy the injustice caused to Mr X and his family from being in unsuitable temporary accommodation for 19 months, the Council should apologise to Mr X and pay him £4,200. This being a payment of £350 for each month of delay in moving him from the unsuitable temporary accommodation between March 2022 and March 2023 (12 months). I recommend the higher level of payment for this period due to the severity of Mr X’s situation being in unsuitable accommodation with known disrepair issues.
48. The Council should also pay Mr X £1,750. This being a payment of £250 for each month of delay between April 2023 to October 2023 (7 months). This is because the Council was dealing with the repair issues and the landlord was ready to carry out the works during this period. I recommend a lower amount as while Mr X and family remained in unsuitable temporary accommodation, he had the opportunity to improve the conditions at the flat by allowing the repairs to be carried out. However, Mr X’s refusal to move from the property meant the landlord was unable to deal with the disrepair.

Back to top

Agreed action

49. To remedy the fault, I have identified in this case the Council will, within one month of my final decision:
• Send a written apology and make a payment of £4,200 and £1,750 (£5,950) to Mr X to acknowledge living in unsuitable accommodation for 19 months from March 2022 to October 2023 due to the Council’s delay in moving him to suitable temporary accommodation.
50. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

51. I am completing my investigation. There was fault by the Council which caused an injustice to Mr X as he and his family remained in unsuitable temporary accommodation. The Council should take the action identified at paragraph 49 to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman