Summary: Miss X complained about the Council’s delays and failure to resolve all the disrepair issues at her temporary accommodation. She also complained the Council wrongfully charged her for electricity used in the communal area of the property. The Council was at fault with how it dealt with Miss X’s concerns. This caused Miss X distress, frustration, financial loss, time and trouble. Miss X and her family also remained in an unsuitable accommodation for longer than necessary. The Council will take action to remedy the injustice caused.

The complaint

1. Miss X complained about the Council’s delay and failure to resolve all the disrepair issues at her temporary accommodation.
2. Miss X also alleged the Council wrongfully charged her for the electricity used in the communal area of the property.
3. Miss X said the Council’s failings caused her significant distress, anxiety, financial loss and time and trouble she was put to chasing the Council to resolve the issues she complained about. She said her family continued to live in an unsafe accommodation.

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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. 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)
5. 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)
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(i), as amended)

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How I considered this complaint

7. I considered the information Miss X provided. I considered the information the Council provided in response to my enquiries.
8. I sent Miss X and the Council a copy of my draft decision and considered the comments received before reaching a final decision.

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What I found

Legislation and Guidance

9. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities sets out councils’ powers and duties to people who are homeless or threatened with homelessness.
10. 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. 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. 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)
12. 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.

What happened

13. This chronology includes key events in this case and does not cover everything that happened.
14. The Council accepted a main housing duty towards Miss X.
15. Miss X moved into a temporary accommodation in January 2021. She lived in a one-bedroom flat with her two young children. Miss X’s temporary accommodation was managed by an estate agent (Agency G).
16. In early January 2022, Miss X made a formal complaint to the Council about the standard of service she received from Agency G. She complained Agency G failed to deal with the disrepairs issues she was experiencing in her flat and that it ignored her numerous contacts to it. Miss X said she recently had a new-born child, so she was living in her one-bedroom flat with her two young children. She said due to the damage caused by the disrepairs in her flat, she and her children were forced to live in the kitchen/lounge area. She said her flat was unsuitable and unsafe for her and her family to live in. Miss X attached photos of the disrepairs in her flat and she asked to be transferred to another property. Miss X also complained she had been wrongfully charged for the electricity used in the communal area of the property. She said the communal light was connected to her pre-paid meter. Miss X requested a refund of the communal electricity charges she had been paying since she moved into the temporary accommodation in January 2021.
17. The Council informed Agency G about Miss X’s concerns.
18. On 21 January 2022, the Council visited Miss X’s flat to inspect the disrepairs she complained about. The Council said the disrepairs in Miss X’s property were caused by a leak from the flat above her property. It confirmed Miss X and her children were sleeping in the kitchen/lounge area due to the damage to the bedroom ceiling. The outcome of the inspection highlighted three repairs were required to be completed within 24 hours and a 7-day completion timescale for the eleven remaining repairs identified.
19. At the end of January 2022, Miss X raised her concerns with her MP. The MP contacted the Council on behalf of Miss X and asked it to look into her concerns and provide her with suitable support and resolution.
20. On 2 February 2022, following the Council’s inspection of Miss X’s flat, it instructed Agency G to carry out some repairs within 24 hours due to health and safety requirements.
21. On 4 February 2022, Agency G arranged for repair works to be carried out at Miss X’s flat. Miss X cancelled the appointment due to a family bereavement.
22. On 9 February 2022, the Council issued its stage 1 response to Miss X’s complaint. The Council apologised for its delay in responding to Miss X’s complaint and for the distress her concerns had caused to her. It said after it received Miss X’s complaint, it inspected her flat and instructed Agency G to carry out repairs to resolve the issues she complained about. The Council said Agency G had arranged for the repair works to be done in her flat on 4 February 2022, but it was unable to gain access to her flat, due to her family bereavement. The Council said Agency G would continue to be in contact with Miss X so the appointment for the repair works could be rearranged. It advised Miss X to also provide Agency G with alternative times suitable for her. The Council assured Miss X it would resolve the disrepair issues as soon as possible. It acknowledged Miss X would prefer a permanent social housing, but it explained the demand outweighed its supply. It advised Miss X about the different housing options she could consider. The Council said if Miss X’s flat was deemed to be unsuitable for her to continue living in, it would transfer her and her family to an alternative temporary accommodation.
23. By mid-February 2022, the Council spoke to Miss X and she confirmed some disrepair issues remained outstanding. The Council asked Agency G to contact Miss X and carry out the remaining repairs in her flat as a matter of urgency. The same day, Agency G confirmed an appointment had been booked for 18 February 2022 to carry out the remaining repairs.
24. In March 2022, the Council chased Agency G for an update about Miss X’s case. Agency G said she cancelled both 18 February and 15 March 2022 appointments it scheduled for the outstanding repair works to be done in her flat. As regards the issues with the communal electricity charges, Agency G said it would provide the Council with an update as soon as it could.
25. The Council advised Agency G to hand deliver a letter to Miss X’s flat. It said the letter should state the ongoing difficulties Agency G was experiencing with gaining access to her flat and the possible implications for her restricting access. The Council emailed Miss X; she replied explaining she cancelled the last appointment due to family/medical commitment. Miss X said she would contact Agency G to rearrange the appointment.
26. On 20 April 2022, Agency G informed the Council it had completed all disrepair issues raised by Miss X. The Council contacted Miss X to confirm all the disrepairs at her flat had been resolved. Miss X said she was unhappy with the repair works done by Agency G. She reported further leaks and said some long‑term disrepair issues remained outstanding. The Council asked Agency G to contact Miss X and resolve any outstanding issues.
27. Miss X made a complaint to the Ombudsman. She complained about how the Council handled the disrepair issues at her flat which was unsafe for her and her family to live in. Miss X complained she was wrongfully charged for the communal electricity bill since she moved into her flat and that the Council refused to refund her the money. Miss X asked for the Council to move her and her family out of her unsuitable temporary accommodation and refund her the electricity money owed to her.
28. Agency G told the Council it booked an appointment in April 2022 to look at the leak from the flat above Miss X’s property, but her neighbour cancelled the appointment. Agency G said it offered Miss X compensation for the communal electricity charges, but she refused. It said an improved compensation was then offered to Miss X which she accepted. Agency G confirmed the issues with the communal area smoke alarms, emergency lighting and handrails would be dealt with in due course.
29. In June 2022, Miss X reported leaks in her bedroom and that the housing situation in her flat had worsened, she attached some photos. She said it was unsafe for her and her children and expressed her concerns about the ceiling collapsing. Agency G said major works to the property roof was required but Miss X’s neighbour refused access into the flat above Miss X’s property, so, it could not complete the repair works. Agency G said it was looking for an alternative accommodation for Miss X.
30. In early August 2022, the Council moved Miss X and her family to an alternative temporary accommodation.
31. In response to my enquiries, the Council said it was awaiting further information from Agency G in relation to its final resolution about the communal area electricity bill issues Miss X raised with it.

Analysis

32. Miss X reported the disrepair issues to the Council in January 2022. While I note, Agency G carried out some repairs in Miss X’s flat, not all the disrepair issues were resolved before Miss X was moved to an alternative temporary accommodation in August 2022. This was fault. It caused Miss X distress, inconvenience, time and trouble and she continued to live in an unsuitable accommodation with her young children for longer than necessary. However, I note Miss X cancelled the appointments scheduled by Agency G for repair works on three occasions between February and March 2022. This mitigates the injustice caused to Miss X.
33. As regards the charges Miss X paid for the electricity used in the communal area of her property, Agency G accepted Miss X was wrongfully charged. This was fault. Although in April 2022, Agency G confirmed it offered and paid Miss X an improved compensation offer for its failings, its failure and delays in resolving this matter effectively and in a timely manner was fault. It caused Miss X distress, frustration, financial loss and time and trouble she was put to chasing Agency G and the Council about the matter.

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Agreed action

34. 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 actions/service of the organisation, I have made recommendations to the Council.
35. To remedy the injustice caused by the faults identified, the Council has agreed to complete the following within one month of the final decision:

• apologise in writing to Miss X to recognise the injustice caused to her by the faults found
• provide evidence of the improved compensation payment made to Miss X for wrongfully charging her for the communal area electricity bills
• pay £1250 to Miss X to acknowledge she and her two young children lived in unsuitable accommodation with disrepairs for longer than necessary. This remedy covers a 5-month period (January 2022 and April to July 2022) at £250 per month in line with our guidance on remedies. I have taken into account the fact Miss X cancelled three appointments between February and March 2022.

36. Within two months of the final decision:

• ensure its managing agents have arrangements in place for individual billing of utilities when placing residents in temporary accommodation with communal areas.

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Final decision

37. I find evidence of fault by the Council leading to injustice. The Council has agreed to take action to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman