Summary: The Council failed to provide suitable accommodation for Mrs X’s family when they were homeless. The Council has agreed to make a payment to Mrs X and to take action to prevent similar failings in future.

The complaint

1. Mrs X complains that the Council failed to provide her family with suitable accommodation when they were homeless. She says that this affected her children’s health.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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

4. I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• considered documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision.

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What I found

Relevant legislation and government guidance

5. If a council is satisfied someone is eligible, homeless, in priority need and unintentionally homeless, it will owe them the main housing duty. (Housing Act 1996, section 193)
6. Under the main housing duty, housing authorities must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Homelessness Code of Guidance 17)
7. Applicants can ask a council to review its decision that the accommodation offered is suitable.
8. Bed and breakfast accommodation is not suitable for households with ‘family commitments’. The Order defines this as a household that includes a dependent child or a pregnant woman. Where no other accommodation is available, the authority may place a family in bed and breakfast accommodation as a last resort but only for a maximum of six weeks. (The Homelessness (Suitability of Accommodation) Order 2003)

Overview

9. Mrs X made a homeless application to the Council in February 2022. The Council accepted the homeless relief duty and placed Mrs X, her husband and two children in a room in a hotel in a neighbouring Council area.
10. The hotel room did not have kitchen facilities. Mrs X says she could not cook for her children and she was forced to order take-aways. She says this affected her three-year-old son’s health. Mrs X says her two-year-old daughter was also affected because the cot provided was too small and did not have a mattress.
11. Mrs X gave birth to her third child in May 2022. She says the hotel room was so hot that it was making her baby lethargic and she had to feed him outside. Mrs X says they all suffered with stress due to the overcrowded conditions.
12. The Council carried out a review of the suitability of the accommodation in June 2022. It decided that the accommodation was unsuitable for Mrs X’s household.
13. The Council placed Mrs X and her family in alternative temporary accommodation in July 2022.

Analysis

14. As explained in paragraph eight, bed and breakfast accommodation is not suitable for households with family commitments. The Council can only place families in such accommodation as a last resort, and for a maximum of six weeks.
15. Mrs X and her family lived in the hotel room for around five months. The Council should have ensured Mrs X and her family were moved to self-contained accommodation within six weeks. The Council failed to comply with its duty to provide suitable accommodation. This was fault.
16. In the Council’s response to Mrs X’s complaint, it said that its average stay for families in bed and breakfasts/hotels was 14 weeks.
17. The Council has provided a copy of its draft temporary accommodation placement policy to show the process it follows to move families out of bed and breakfast accommodation. The Council’s duty to provide suitable accommodation cannot be delayed or deferred. The Council should ensure it has access to sufficient accommodation to immediately provide suitable accommodation for all homeless families.

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Agreed action

18. Within four weeks, the Council will make the following payments to Mrs X:
• £875 for the 3 1/2 months they were living in unsuitable accommodation.
• £150 to recognise the avoidable time and trouble Mrs X was put to as a result of the failings in this case.
19. Earlier this year, the Council provided us with an update on the action it is taking to end the use of bed and breakfast as accommodation for homeless households. The Council has agreed to provide a further update within eight weeks. If the Council has not significantly reduced the length of time homeless families are staying in bed and breakfast accommodation since the update was provided in April 2022, it will review its action plan and tell the Ombudsman what further steps it will take to address this issue.

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Final decision

20. I have completed my investigation and uphold Mrs X’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman