Summary: Mrs X complains about the suitability of a temporary accommodation and being asked for rent that was not due. We find fault with the Council for failing to properly consider whether the temporary accommodation was suitable and for not providing Mrs X with alternative suitable accommodation. We have made several recommendations to address the injustice caused by these faults.

The complaint

1. Mrs X complains about the suitability of a temporary accommodation and being asked for rent that was not due. Mrs X continuously raised concerns with the Council about the suitability of the property for her and her family’s needs.
2. Mrs X says the Council’s actions have caused stress and have had a negative impact on her family’s health and well-being.

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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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 considered the information provided by Mrs X and discussed the complaint with her. I made enquires of the Council and considered its response.
7. Mrs X and the Council had the opportunity to comment on my draft decision. I considered all comments before reaching a final decision.

Back to top

What I found

8. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
9. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to ensure that accommodation is available for them. This is the main housing duty.
10. 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)
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 of circumstances the council must reconsider whether the accommodation remains suitable.

What happened

12. Below is a chronology of key events. It is not meant to show everything that happened.
13. Mrs X has been diagnosed with severe osteoarthritis affecting her right hip and her mobility. Mrs X can only walk short distances and is unable to get up and down stairs without severe pain. Mrs X walks with a crutch and uses a wheelchair for longer distances. Her husband, Mr X is his wife’s primary carer and has medical needs of his own. At the time the complaint was made their son was aged ten and had been diagnosed with asthma.
14. Mrs X approached the Council in September 2022 stating she had been served with a notice to quit by her landlord. This told her she was required to leave her rental property by 30 October 2022. On the same day the Council acknowledged receipt of the notice.
15. On 7 October Mrs X provided the Council with a letter from her GP. The letter stated Mrs X was disabled and required a property with parking, ground floor access and a bathroom and toilet which she could use without difficulty.
16. On the 31 October the Council offered Mrs X accommodation at Property A which was out of borough. Property A was a bungalow, with one step to the entrance, two bedrooms and a bathroom. The Council attached an agreement which stated the property was available from 1 November.
17. On 2 November 2023 Mrs X and her family moved to Property A.
18. In early November, Mrs X contacted the Council and said she could not use the bathroom without assistance, there was issues with damp and her husband and son were taking turns to sleep on the sofa. Mrs X also said her son was not in school. She asked the Council when they would be moved to a more suitable property.
19. The Council said it was aware the housing provider had visited the property and reported the following:

• kitchen tap leaking slightly and was due to be repaired the following week;
• toilet checked and not found to be leaking;
• adjustment made to shower;
• window vents opened and Mrs X shown how to do this; and
• a screw to be replaced in one window.

20. The Council told Mrs X the housing provider had spoken to the landlord to see if there were any options for Mrs X to park closer to the property. The Council asked Mrs X to explain why she could not access the bathroom. It advised Mrs X to secure a school place for her son if he was unable to travel to his previous school. The Council also offered to secure a bed for Mrs X’s son from its welfare fund.
21. Mrs X responded and said she has a broken hip and cannot bend or lift her legs to get into the bath. The Council said it would arrange for an occupational therapist (OT) to visit Mrs X at Property A.
22. A few days later Mrs X sent the Council photographs of Property A. She raised the same concerns and said the step providing access into the property was too high.
23. On 15 November Mrs X complained about the suitability and condition of Property A, poor communication and being asked to pay rent from 31 October.
24. The following day an OT visited Mrs X at the property. The OT observed Mrs X walking with a crutch and ‘furniture walking’ for support around the property. The OT reported that Mrs X required a wheelchair for longer distances and that Property A appeared to be a garage converted into an annexe and did not provide sufficient space for Mrs X and her family due to her mobility impairment. The second bedroom was being used for storage and therefore Mrs X’s son was sleeping alternate nights on the sofa or with Mrs X. The report said Mrs X was experiencing a loss of independence as she required assistance with accessing the toilet and meeting her personal care needs. Mrs X was unable to transfer to the bath. The OT said the loss of independence was affecting Mrs X’s mental health and wellbeing.
25. The OT said Mrs X required a two-bedroom standard property on the ground floor or with an accessible lift. The property should be step free with all facilities on one level and the bathroom should have space for transfers and a wet floor shower facility or have potential for one to be installed. Mrs X told the OT that she would prefer to remain in the area.
26. The OT identified the following disrepair for which the housing provider was responsible:

• condition of the oven;
• faulty shower hose;
• drainage issue in bath; and
• loose front door.

27. On 25 November the fire and rescue service completed a self and well check at Property A. Mrs X said she used a wheelchair most of the time but on good days was able to walk with two crutches. The report identified that both exits out of the property were in the kitchen; steps in the doorway meant that Mrs X could not evacuate the property by herself, and the officer was “unsure of the safety” of the garage conversion. A new battery smoke alarm was installed.
28. On 30 November, the Council responded to Mrs X’s complaint. The Council acknowledged that Property A was not suitable to be used as temporary accommodation, as it did not have planning permission for the garage to be converted into a separate dwelling. The Council said it would inform Council B to investigate this matter further. It apologised to Mrs X and said it would look to provide her with alternative accommodation. The Council explained it wanted to avoid a distant placement and therefore finding temporary accommodation may take a little time. The Council said it would investigate the issue about outstanding rent payment.
29. Mrs X responded on that same day and contacted the Council again in early December. Mrs X said the property was cold and not properly insulated.
30. The Council responded and said it was finding it extremely difficult to source temporary accommodation of any sort. The Council said the only alternative option which would be quicker, would be to place Mrs X and her family in a hotel. The Council recognised that this would have other implications. Mrs X agreed a hotel was not suitable.
31. On 13 December, the Council contacted Mrs X about a potential property (Property C). The Council said the property was not yet ready and required checking for suitability.
32. At the end of December, the Council corresponded with Mrs X and the housing provider regarding a potential pest issue and various disrepairs including a leak in the bathroom. The housing provider told the Council that it had visited Property A three times and all taps and windows were fine. The provider laid down pest traps in the loft.
33. On 11 January 2023 the housing provider visited Property A. It told the Council there was no evidence of moisture in any walls. It said the external wall that Mrs X complained about was the last part of the property to get sun and was partially covered by trees.
34. On 16 January, the OT visited Property C and said it was not suitable for Mrs X’s needs.
35. The next day, the Council inspected Property A. The officer said the property felt cold but appeared to be in reasonable condition and decoration was in good order. The officer reported the following disrepair:

• damp patch on external bathroom wall;
• unexplained small puddle of water remained in the bath;
• one broken window lock in living area;
• piece of laminate flooring missing by back door;
• slight slope from back door to kitchen;
• small damp patch on small bedroom ceiling and spot mould;
• condition of oven; and
• pests in loft which had been resolved.

36. The report stated that given Mrs X’s mobility needs the property may be more suitable for a couple and not a family. The officer agreed the family should be moved to alternative accommodation. He later confirmed that it was possible a single bed could fit into the second bedroom.
37. On 20 January Mrs X contacted the Council following an email she received stating she was in rent arrears. Mrs X said she was still waiting for a response to her previous complaint about rent arrears.
38. On 2 February Mrs X contacted the Council about a potential pest issue in the loft. The Council corresponded with the housing provider who visited the property. It said the bait had not been touched and there was no evidence of dropping or things being chewed.
39. On 17 February the Council confirmed it had amended and adjusted the rent arrears to show the correct date Mrs X moved into property A. It also informed Mrs X of a potential property (Property D). An OT inspected the property and confirmed it would be suitable with minor adaptations.
40. The Council invited Mrs X to view property D before making her a formal offer. Mrs X said the property only had a bath and adaptations would take months to complete. Mrs X said she would like to stay in the area. The Council told Mrs X that she should view the property as adaptations could be made and it would ensure obstacles are removed. Mrs X said the property was not suitable.
41. On the 2 February Mrs X contacted the Council again about pests in the loft. The housing provider visited Property A and said there was no evidence of rodent activity.
42. On 24 April Mrs X confirmed they were still living in Property A.

Analysis

43. The Council accepts that alternative accommodation should be provided to Mrs X because Property A does not have planning permission and it is inappropriate for anyone to be housed in a property without such permission. Furthermore, I note the reports completed by the OT concluded the property was not suitable for Mrs X’s mobility and health needs.
44. I acknowledge the Council’s comments in its communications with Mrs X regarding the shortage of temporary accommodation in the area. I also acknowledge that Mrs X wishes to remain in the local area and the Council’s attempts to minimise the number of moves between different units of temporary accommodation. However, if a council has decided an applicant’s current accommodation is unsuitable, it is in breach of its statutory duty under section 206 of the Housing Act, (as referred to in paragraph 9), from that point until it provides suitable accommodation. We consider a delay in transferring Mrs X to suitable accommodation, even when this is due to external factors such as a shortage of temporary accommodation, is service failure.
45. The Council said it completed a suitability assessment of Property A before making an offer to Mrs X. However, the Council does not have a copy of this review and therefore there is no evidence this was completed. This is fault and has caused Mrs X and her family uncertainty about the process followed by the Council.
46. The Council has a legal duty to ensure temporary accommodation meets minimum standards, is in a good state of repair and free from hazards. Mrs X reported the property was cold, damp, and water was leaking in the bathroom. The Council’s inspection report notes the property was cold and evidence of damp on the external bathroom wall and small bedroom. The inspection also identified water remaining in the bath and broken window lock despite the housing provider previously reporting no issues. In response to our enquiries the Council accepts the issue of the external wall potentially affected by damp remained unclear and had not been investigated properly. The Council also said it would visit the property again with the housing provider and agree a list of outstanding works for completion.
47. Mrs X also raised concerns about pests in the loft. The presence of rodents does not necessarily mean Property A was unsuitable or unreasonable to occupy, it would depend on the circumstances. In response to Mrs X’s concerns the Council asked the housing provider to solve the problem. I have not seen any evidence of fault by the Council regarding their actions.
48. I welcome the steps the Council has taken to resolve the issue about rent payments. I also acknowledge the action it has taken to date to find Mrs X with alternative accommodation and resolve ongoing issues with Property A. However, it has a legal duty to ensure it provides Mrs X with suitable accommodation. It therefore needs to remedy the time she has been living in unsuitable accommodation and continue to explore whether there is any suitable alternative temporary accommodation for her until she secures a permanent property.

Back to top

Agreed action

49. To address the injustice caused by fault, within one month of my final decision the Council will:
1. apologise to Mrs X;
2. reassess Mrs X’s needs arising from her disability and medical conditions before it makes the next offer of temporary accommodation; and
3. pay Mrs X £600 from November 2022 to April 2023, this is calculated at £100 per month.
50. The Council should provide us with evidence it has complied with the above actions.
51. The Council has agreed to continue to:
1. pay Mrs X £100 per month from May 2023, until it makes the next offer of temporary accommodation. These payments will stop if Mrs X refuses an offer of suitable accommodation; and
2. explore whether there is any suitable alternative temporary accommodation for Mrs X and her family until she secures a permanent property.
52. The Council should provide us with an update and evidence it has complied with the above actions in three months.

Back to top

Final decision

53. We have found fault by the Council causing an injustice to Mrs X. The Council has agreed to our recommendations, and I have completed my investigation on this basis.

Back to top

Investigator's decision on behalf of the Ombudsman