Summary: Miss X complained that the Council housed her and her family in unsuitable temporary accommodation. Miss X said there were no cooking facilities, which had a disproportionate effect on her partner’s physical health because he has diabetes. She said some days the family did not eat at all because of the cost, and it put them in debt. Miss X also said this exacerbated her partner’s mental health, and had an impact on her mental health. We find the Council at fault, and this caused the family injustice. The Council will apologise and make a payment to Miss X to reflect the injustice.

The complaint

1. The complainant, who I refer to here as Miss X, complained that the Council housed her and her family in hotels, which the Council agreed was unsuitable temporary accommodation.
2. Miss X said there were no laundry or cooking facilities, which had a disproportionate effect on her partner’s physical health because he has diabetes and needs a healthy diet. She said some hotels were out-of-borough, meaning her children were either late for school or she could not take them to school because of the cost of petrol. She said some days they did not eat at all because of the cost to feed the family, and it put them in debt. Miss X also said this exacerbated her partner’s mental health conditions, and had an impact on her mental health. She said it caused unnecessary distress and frustration.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 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)
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, documents, and comments provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.
7. I considered the relevant legislation and statutory guidance, set out below. I also considered the Ombudsman’s published guidance on remedies (updated).

Back to top

What I found

What should have happened

8. If a council is satisfied someone is eligible, homeless, in priority need, and unintentionally homeless it will owe them the main housing duty. Usually a council arranges temporary accommodation until it makes a suitable offer of social housing or privately rented accommodation. (Housing Act 1996, section 193)
9. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206)
10. Anyone who believes their temporary accommodation is unsuitable can ask the council to review the accommodation’s suitability. (Housing Act 1996, section 202)
11. If the council’s review decides the accommodation is unsuitable, the council must provide suitable accommodation. (Housing Act 1996, section 204)
12. Councils should avoid using bed and breakfast (B&B) accommodation. It should only be used as a last resort in an emergency and then for the shortest time possible. (Homelessness Code of Guidance paragraph 17.24 and from 3 April 2018 17.30)
13. B&B accommodation can only be used for households which include a dependent child when no other accommodation is available and then for no more than six weeks.
14. B&B is defined as accommodation which is not self-contained, not owned by the council or a registered provider of social housing, and where the toilet, washing, or cooking facilities are shared with other households. This means hotels are included in the legal definition of B&Bs. (Homelessness (Suitability of Accommodation) (England) Order 2003 and from 3 April 2018 Homelessness Code of Guidance paragraph 17.32)

What happened

15. Miss X and her partner have three teenage children. Miss X’s partner has diabetes. In November 2022, the Council accepted it owed the family the main housing duty and placed them in temporary accommodation (a hotel).
16. In December, Miss X asked the Council to review the suitability of the accommodation. She also made a complaint to the Council.
17. The Council replied, saying it was aware of the family’s medical needs and was doing its best to find accommodation that was more suitable.
18. In January 2023, the Council determined that the temporary accommodation was unsuitable for Miss X and her family. Miss X complained again.
19. The Council called Miss X and apologised for the lack of support and communication. It said Miss X’s case was a priority and it was actively looking for suitable self-contained accommodation.
20. In the Council’s second complaint response, it apologised for the negative impact on Miss X’s partner’s physical and mental health, and for the inconvenience. It recognised that hotels and bed and breakfasts (B&Bs) are not ideal for families with children. It said it had no alternative.
21. In February, the Council gave Miss X a one-off payment of £300 as financial support.
22. Miss X complained to the Ombudsman.
23. In April, the Council provided Miss X and her family with self-contained accommodation.

Analysis

24. The Council accepts that bed and breakfast (B&B) accommodation was not suitable for Miss X and her family. It says its suitability review automatically deemed the accommodation unsuitable because the family had been in B&Bs for more than six weeks, and the household includes children.
25. The Council explains it is struggling to find and secure self-contained accommodation because of an increase in housing demand and the impact of the cost of living crisis. The Council acknowledges that these pressures do not mean its duties do not apply.
26. I find the Council’s failure to provide suitable temporary accommodation for Miss X and her family is a service failure. The Council moved Miss X and her family into B&B accommodation in November 2022. The maximum six weeks the family should have been placed there expired in early January 2023. The family were placed in self-contained accommodation in late April.
27. Therefore, I find the family were in unsuitable temporary accommodation for 15 weeks.
28. I find this fault caused Miss X and her family injustice. Miss X said there were no laundry or cooking facilities, which had a disproportionate effect on her partner’s physical health because he has diabetes and needs a healthy diet. She said some hotels were out-of-borough, meaning her children were either late for school or she could not take them to school because of the cost of petrol. She said some days the family did not eat at all because of the cost to feed the family, and it put them in debt. Miss X also said it exacerbated her partner’s mental health conditions, and had an impact on her mental health. She said it caused unnecessary distress and frustration. These are the injustices.

Back to top

Agreed action

29. Within four weeks of this decision, the Council has agreed to apologise to Miss X and her family in writing for the injustice caused by living in unsuitable temporary accommodation for 15 weeks longer than they should have. In writing this apology, the Council should refer to the Ombudsman’s guidance on writing apologies, which is in our published guidance on remedies.
30. Within four weeks of this decision, the Council has agreed to make a payment to Miss X of £2975. This is made up as follows:
• The Ombudsman’s guidance on remedies suggests a weekly payment of between £100 and £200 for families in unsuitable B&B accommodation. I consider a payment of £175 per week is an appropriate and proportionate remedy for the injustice caused here. In arriving at this figure I have taken into account: whether there was enough room for the household in the accommodation; that there were no adequate facilities to store, prepare or cook food; the ages of the family members; and, the medical vulnerability of Miss X’s partner.
• £175 per week multiplied by 15 weeks is £2625.
• The guidance on remedies says the above payment is in addition to reimbursement of any specific quantifiable costs that the family incurred. The guidance says this includes the reasonable additional cost of buying take-away food when there are no cooking facilities in the B&B, and extra travelling costs to get children to school when placed outside their area.
• In this case, there are five people in this family: two adults and three teenagers. Taking these factors into account, I recommend a payment of £600 as a contribution towards the extra cost of takeaway meals for Miss X and her family.
• I consider a payment of £50 is appropriate and proportionate to reflect the additional travelling costs to get the children to school when placed out of the area.
• I have deducted £300 from the total amount proposed to reflect the financial support the Council gave Miss X.
• Therefore, the total amount to remedy all the injustice here is £2975.
31. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

32. I have completed my investigation. I find the Council at fault, and this fault caused Miss X and her family injustice. The Council has agreed to take action to remedy the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman