Summary: We found serious failings in the way the Council considered Miss X’s needs as a vulnerable homeless person with children. It failed to arrange suitable accommodation for the family who have complex needs due to their disabilities. This continues to cause significant injustice to Miss X and her children. The Council has agreed remedies for Miss X and her children along with service improvements.

The complaint

1. A solicitor, whom I shall refer to as Mrs Z, made this complaint on behalf of her client, Miss X. Mrs Z complained the Council failed to:
• take account of Miss X and her children’s disabilities when administering her homelessness application;
• provide suitable accommodation to meet their needs;
• carry out reviews of decisions;
• protect Miss X’s personal property;
• respond to her communications.
2. Miss X has been in interim and temporary accommodation which Mrs Z says is unsuitable for the family’s needs and has a detrimental impact on their family life. Miss X’s two eldest children cannot stay with her because the property is not wheelchair accessible.
3. Mrs Z says Miss X wants the Council to:
• provide housing that is suitable for the entire household;
• amend its policies and procedures to ensure it carries out a comprehensive assessment of housing and support needs;
• carry out regular reviews;
• apologise to Miss X and compensate her for the financial loss, discomfort, distress and suffering caused by its failings.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but it also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons to do so. A complaint is late 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)
6. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not, or could not, provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
7. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
8. 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 significant injustice, or that could cause injustice to others in future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
9. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
10. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
11. 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

12. I did not investigate the following parts of the complaint because Miss X instructed Mrs Z to challenge these decisions by using her right of appeal to the County Court or by making a judicial review claim:
• the failure to provide suitable accommodation between August 2020 and July 2022. This was the subject of a judicial review claim which resulted in the High Court making a mandatory order;
• the unsuitability of the offer of accommodation at “Property 1”. This was the subject of a section 204 appeal to the County Court; and
• the Council’s decision to discharge the main housing duty in February 2023. This was the subject of a further section 204 appeal to the County Court which was settled by a consent order in Autumn 2023.

Additionally, some matters raised in the complaint happened between August 2020 and July 2022. We received the complaint in September 2023. This means events in this period are “out of time”. I considered Mrs Z’s representations about why we should exercise discretion to investigate, despite these parts of the complaint being late, but decided there were no good reasons to do so because Mrs Z has been assisting Miss X since August 2020.

13. I have investigated the following parts of the complaint:
• the suitability of the interim accommodation provided since February 2023 at Property 2 and the Council’s failure to respond to Mrs Z’s request for an internal review of its suitability. (Because there is no statutory right of review and appeal to challenge the suitability of interim accommodation);
• Whether the Council had considered the specific needs arising from Miss X’s disabilities (and the needs of her children) when it assessed the suitability of the interim accommodation at Property 2;
• The Council’s failure to respond to communications Mrs Z has sent since February 2023; and
• The impact on Miss X’s family life because her two eldest children cannot stay with her in Property 2 at weekends or in school holidays.

Back to top

How I considered this complaint

14. I have spoken to Mrs Z and considered all the evidence she sent me.
15. I also considered:
• the relevant law and the statutory Code of Guidance on homelessness;
• the Council’s response to my enquiries and its housing records;
16. Mrs Z and the organisation 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

The relevant law and guidance

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

Assessment of housing and support needs

18. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. Councils must notify the applicant of the assessment. This assessment must include:

• the circumstances that have caused them to become homeless or threatened with homelessness;
• their housing needs; and
• their support needs. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.7)

19. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)

The relief and main housing duties

20. If a council is satisfied the applicant is homeless and eligible for assistance, they must take reasonable steps to secure accommodation. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. The relief duty lasts a maximum of 56 days. (Housing Act 1996, section 189B)
21. If, at the end of the relief duty, a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)
22. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.32 and 18.33)

Accommodation duties and powers

23. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
24. Temporary accommodation is accommodation provided to homeless applicants in performance of a council’s main housing duty.
25. Section 204(4) of the Act gives the council a power to accommodate certain applicants in interim accommodation pending the outcome of an appeal to the County Court.

Suitability of accommodation

26. The law says councils must ensure all accommodation provided for homeless applicants is suitable for the needs of the applicant and members of their household. This applies in respect of all powers and duties to secure accommodation under Part 7, including interim duties. The accommodation must be suitable in relation to the applicant and to all members of their household who normally reside with them, or who might reasonably be expected to reside with them. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
27. Councils must assess whether accommodation is suitable for each household individually. Whether accommodation is suitable will depend on the relevant needs, requirements and circumstances of the homeless person and their household. (Homelessness Code of Guidance 17.4 & 17.9)
28. The Code of Guidance advises housing authorities to carefully consider the suitability of accommodation for households with particular medical and/or physical needs. It says:

“Physical access to and around the home, space, bathroom and kitchen facilities, access to a garden and modifications to assist people with sensory loss as well as mobility needs are all factors which might need to be taken into account. (Homelessness Code of Guidance, 17.5)”

29. 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)

Review rights

30. Applicants have the right to request a statutory review of the suitability of temporary accommodation arranged under the section 193(2) main housing duty. There is no recourse to the statutory review procedure to challenge the suitability of interim accommodation. However, as the Council has a duty to ensure all accommodation arranged under Part 7 is suitable for the individual needs of the household, we expect councils to carry out an extra-statutory review. The Code of Guidance reminds councils they may also be subject to a judicial review challenge.

The Human Rights Act

31. The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. This includes respect for private and family life. The Act requires all local authorities to respect and protect individuals’ rights. The Ombudsman’s remit does not extend to making decisions on whether or not a body in jurisdiction has breached the Human Rights Act – this can only be done by the courts. But the Ombudsman can make decisions about whether or not a body in jurisdiction has had due regard to an individual’s human rights in their treatment of them, as part of our consideration of a complaint.
32. Article 8 of the Human Rights Act 1998 confers a right for individuals to enjoy a family life and home. This does not oblige councils to provide housing but it means that councils are required to consider whether housing conditions enable families to enjoy a family life and home. When considering whether accommodation is suitable, councils must take account of whether the accommodation might cause physical or psychological harm or if inadequate accommodation interferes with private or family life.

The Children Act 2004

33. Section 11(2) of the Children Act 2004 requires certain bodies, including local housing authorities, to make arrangements to ensure they have regard to the need to safeguard and promote the welfare of children when they carry out their functions. The term “welfare" is not defined but section 10 provides a statutory framework for co-operation between the local authority and relevant agencies with a view to improving the "well-being" of children in the area. Well-being for this purpose is defined as:

(a) physical, mental and emotional well-being;

(b) protection from harm and neglect;

(c) education, training and recreation;

(d) the contribution made by children to society; and

(e) social and economic well-being.

The welfare of the child has long been given a broad meaning in family proceedings, encompassing physical, psychological, social, educational and economic welfare.

Miss X’s circumstances

34. Miss X has three children. Her two eldest children, whom I shall call A and B, have significant disabilities and special educational needs. They are both wheelchair users.
35. Since November 2022 Borough X has accommodated A and B under section 20 of the Children Act 1989 at a residential special school out of London. They are “children in need” because they are disabled. Due to their complex health needs, Borough X accommodated them because they could not live with Miss X as her accommodation is not suitable for them.
36. As A and B are members of Miss X’s household, it is reasonable to expect them to be able to reside with her, although they currently cannot do so. The section 20 agreement is a voluntary arrangement and the children are not subject to a care order.
37. A social worker in the Children with Disabilities team in Borough X, where Miss X lives in temporary accommodation, supports the family. Borough X is an outer London borough closer to A and B’s school. Due to her past experience of harassment in the borough, Miss X does not wish to live in Lambeth.
38. A and B are members of Miss X’s household for her homelessness application. If Miss X had suitable and accessible accommodation, the social worker says A and B could stay with her for short breaks at weekends and during school holidays. However, since Miss X moved to her current accommodation in February 2023, they have stayed in the school on a 52-week placement because Miss X’s flat is not accessible for wheelchair users.
39. Miss X and her youngest child regularly visit A and B at their school. Miss X prepares food at home to meet A and B’s specific dietary needs and does their laundry. Immediately before moving to her current temporary accommodation, Miss X and her youngest child stayed in accommodation the school provides on site for parents. They stayed again for a short time in January 2024 to help A and B move to new residential rooms on site.
40. Miss X’s current accommodation is a split-level flat on the first and second floors. From the entrance hall, there is a flight of stairs up to the kitchen and bathroom. There are three more stairs to the first bedroom and living room and a further flight of steep stairs to the second-floor bedroom and ensuite shower.
41. Miss X has several chronic medical conditions which significantly affect her physical and mental health and limit her mobility. Her youngest child, C, lives with her in the temporary accommodation.

The background to this complaint

42. There is a long and complex history to Miss X’s homelessness application dating back to August 2020. But I have not set out everything that happened in this statement. Instead, I have given a brief overview of the key events and decisions to provide context for the parts of the complaint I have investigated. This investigation has focused on what has happened since Miss X moved to her current accommodation in February 2023.
43. Miss X first applied to the Council for homelessness assistance in August 2020.
44. In October 2020 she moved to interim accommodation in Borough X. She moved to different interim accommodation in the same borough in November 2020.
45. The Council completed a housing assessment and Personalised Housing Plan (PHP) in October 2020 at the relief duty stage. It said Miss X required a four-bedroom property on the ground floor. If it was a house, it should have the potential to be adapted to install a through floor lift. The assessment did not include any information about Miss X and her family’s support needs.
46. In December 2020 the Council accepted it owed Miss X the main housing duty. At this point the interim accommodation became temporary accommodation.
47. In May 2021 an Occupational Therapist confirmed A and B require separate bedrooms. She said there must be enough space to manage their moving and manual handling needs and to store all their equipment which she listed. She said A and B need to be on the ground floor unless the property had a through floor lift.
48. Mrs Z issued judicial review proceedings and the High Court made a mandatory order requiring the Council to provide suitable temporary accommodation for Miss X within 12 weeks.
49. In early October 2022 the Council offered Miss X alternative temporary accommodation in Borough X which I shall call Property 1. The Council considered it was suitable for Miss X and her youngest child. Miss X accepted the offer but did not move in and Mrs Z requested a suitability review.
50. Miss X and Mrs Z made further review submissions in October and sent the Council an Occupational Therapist’s report in January 2023. Mrs Z made a default appeal to the County Court after the Council failed to make a review decision within eight weeks.
51. Miss X and her youngest child stayed in accommodation provided for parents at A and B’s school from mid December 2022 until they moved to Property 2 in early February 2023.

Events relevant to this investigation

52. On 3 February 2023 the Council offered Miss X Property 2 in Borough X. It is a two-bedroom maisonette arranged over the first and second floors of a converted house. At the time of the offer, the Council was accommodating Miss X under its discretionary power to arrange accommodation pending a section 204 appeal to the County Court. In the offer letter it described the accommodation as “interim temporary accommodation” provided under section 188(1) of the Act. The offer letter explained Miss X did not have the right to request a statutory review of its suitability but she could request an internal review within 21 days.
53. Two days later the Council issued a letter ending the main housing duty on the grounds that Property 1 was suitable for Miss X’s needs and Miss X “had ceased to occupy it”.
54. Mrs Z requested a statutory review of the decision to end the duty. Miss X and her youngest child moved to Property 2 on 7 February.
55. On 24 February Mrs Z requested a non-statutory review of the suitability of Property 2. She made further written submissions a few days later.
56. Mrs Z lodged a default section 204 appeal to the County Court because the Council had failed to make a review decision on the discharge of the main housing duty by the due date of 6 April.
57. On 20 April Mrs Z chased the Council for a response to the February 2023 request for an internal review of the suitability of Property 2. She also reported a mice infestation and penetrating damp in the flat.
58. On 11 May the Council proposed withdrawing the decision it made in February 2023 to discharge the main housing duty. On 15 May, Mrs Z wrote to point out that if it withdrew the decision it would then be in breach of the 2022 court order requiring it to provide suitable accommodation within 12 weeks. The Council did not reply.
59. On 26 June Mrs Z complained to the Council about its failure to make a review decision about the suitability of Property 2.
60. An officer sent a brief response on 28 July and partly upheld the complaint. He said there was no right to a statutory review because Property 2 was interim accommodation. He apologised that the offer letter sent to Miss X wrongly said she had a right to a review and the letter template would now be amended. He said he would arrange an urgent inspection of the property in view of Mrs Z’s reports of mice and penetrating damp. If the inspection found evidence of disrepair, and this could not be rectified with Miss X in the property, the Council would arrange alternative accommodation under the section 188(3) duty. The officer clearly did not realise the accommodation was being provided under the section 193(2) main housing duty at the time he sent his response.
61. On the same day Mrs Z escalated the complaint to Stage Two of the complaint procedure. She made the following key points:

• She knew there was no right to a statutory suitability review in February 2023 and that is why she had asked the Council to carry out an internal review of its suitability;
• A and B could not access Property 2 so they could not stay for short breaks with Miss X and their sibling. This was having a serious impact on their wellbeing and their right to a family life;
• the Council had taken five months to arrange a property inspection after she reported the defects in February;
• the Council’s willingness to arrange a property inspection indicated it accepted there was a right to an internal review of suitability.
1. Miss X sent three emails in August 2023 to chase up the appointment for the property inspection. Nobody contacted Miss X until late August. In August 2023 Miss X’s GP wrote a letter supporting her need to move. It said:

• Due to her mobility issues, Miss X cannot climb the stairs to the second-floor bedroom and ensuite bathroom because this causes too much pain;
• She and her youngest child therefore share one bedroom;
• She has a chronic medical condition which is likely to deteriorate over time;
• Due to her mental health issues, she experiences considerable stress which is aggravated by her unsuitable living conditions;
• He supported her need for ground floor accommodation.
1. On 25 August a property inspector contacted Mrs Z and Miss X and arranged to inspect the property on 8 September.
2. The Council replied to the Stage Two complaint in early September 2023. The officer apologised for the delay in arranging the property inspection. He said the internal review of the suitability of the property would be completed following the September inspection.
3. On 8 September a Council officer inspected the flat and found:

• evidence of a mice infestation: there were rodent traps in the hallway and kitchen and rodent faeces in a void under the second floor staircase;
• water stains on the living room wall behind a radiator. Areas of the wall were moisture tested: the area above the radiator was low but all the other readings were high;
• water stains on part of the kitchen ceiling but the moisture readings were low;
• some discolouration on the wall (to the left of the window). This area was moisture tested and results were low to medium;
• due to the low ceiling height, the useable floor space and the location of the windows, the second-floor bedroom was more suited to being used for storage;
• cracks in the render of the exterior front wall of the property may be causing water ingress;
• no fire blanket in the kitchen; and
• no window restrictors on several windows.
1. The inspector’s photographs show brown water stains and damaged areas of wall plaster.
2. On 21 September the Council’s property inspector sent his report and a schedule of repairs to the managing agents and to Mrs Z. In mid-October the property inspector asked the managing agents for an update. They advised repairs had not started yet but a builder would be available in late October. They also had a pest control team on standby for late October. They were waiting for Miss X to confirm the proposed dates were suitable.
3. Mrs Z was not satisfied with the Council’s final response to her complaint, so she complained to us in late September 2023.
4. Following further exchanges of emails, the pest control team visited the property in late October. The managing agents sent their report to the Council’s property inspector in early November.
5. In October 2023, shortly before the County Court appeal hearing, the Council withdrew the decision it made in February 2023 to end the main housing duty. It agreed to reconsider the matter and pay Miss X’s legal costs. In response to my enquiries, the Council accepts it should have written to Miss X when it withdrew the discharge of duty decision to inform her of the right to a statutory review. It says it did not do that due to an oversight.
6. In early November 2023 the Council ended the main housing duty for the second time. The decision letter gives three reasons based on Miss X’s refusal of Property 1. It said Property 1 was suitable accommodation for Miss X, she had made herself intentionally homeless from that property and had ceased to occupy it as her only or principal home. Mrs Z requested a review of this decision. She subsequently appealed to the County Court because the Council failed to make a review decision within the extended timescale. That appeal is ongoing.
7. In late November the managing agents told the property inspector they were waiting for Miss X to confirm dates when builders could attend to carry out repairs.
8. In mid-December Miss X said she had not been able to respond to emails because she and her children had been unwell. She suggested dates in the following week when the builders could attend. She asked for more information about the products they would use for the damp treatment and how the works would be carried out.
9. In late December 2023 the children’s social worker in Borough X confirmed A and B had a 52-week residential placement at the school. She said:
• A and B had to be accommodated in a place of safety until the family’s housing needs are properly met;
• Although A and B have frequent contact with Miss X and their sibling, this was not a substitute for a family home and the right to a family life;
• The availability of on-site accommodation for Miss X is not guaranteed;
• The children are separated from Miss X due to the Council’s failure to meet their housing needs. This has implications for their emotional wellbeing and has a particular detrimental impact on B;
• Many of A and B’s belongings are in storage because there is not enough space in Property 2 to keep them.
10. In March 2024 the Council’s property inspector received photographs showing damp patches on the external living room wall. He contacted the managing agents again to recommend further tests and exploratory works to establish the cause of water ingress. He recommended removing the damaged wall plaster and carrying out mould removal and treatment works. He also advised the external front wall should be inspected to establish the cause of the water ingress.
11. The Council sent us a housing needs assessment for Miss X dated 19 March 2024. This confirms A and B are members of Miss X’s household. But it wrongly says they are not residing with Miss X because they are both in hospital. It describes Miss X’s housing needs as:

“Two bed need for S188 TA. 4 bed wheelchair accessible [section] 193 accommodation”

77. It does not give sufficient information about the family’s support needs. It refers to the Occupational Therapist’s report and says officers should take this into account before making offers of accommodation to Miss X. Having recently had sight of this housing needs assessment, Mrs Z has written to the Council to draw attention to the errors and omissions and ask for it to be amended.
78. Miss X has been paying charges to store many of her personal belongings, including A and B’s specialist disability equipment, because there is not enough room to store everything in Property 2. Due to the delay in sourcing suitable self-contained accommodation, Miss X has incurred extra storage costs.
79. At the time of writing this statement, Miss X and her youngest child are still in Property 2. It is now 19 months since Mrs Z requested a review of its suitability. The Council has not yet made a decision or told us when, or if, it intends to do so.

Backlog of review requests and average waiting times

80. The Council told us it has a high number of outstanding non-statutory review requests due to high demand and limited staff in the team. It acknowledges this is unacceptable. In early 2023, it decided to recruit someone to work exclusively on non-statutory suitability reviews to ensure all cases were responded to within eight weeks, in line with the timeframe for a statutory review. However, it had difficulties filling the position and, an officer who joined in March 2023, left after a few months. Further attempts to recruit an experienced reviews officer were unsuccessful. It is currently recruiting an existing member of staff to cover the role on an acting basis with training and support.
81. The Council received 139 non-statutory review requests in 2023. Of these, 56 were completed by early April 2024. 15 of these were completed within eight weeks. Of the 41 cases which took longer than eight weeks, it requested an extension in 22 cases. The oldest case where an extension was requested was received on 5 September 2023 with the original deadline for a review decision being 31 October 2023.
82. 83 non-statutory review requests received in 2023 are still awaiting a decision. The Council says it has made initial enquiries in many of these cases. This may include a property inspection, request for medical information, or updated housing needs assessment. But it has yet to make a decision on the suitability of the temporary accommodation in these cases.
83. The Council says the law and statutory guidance does not give a timeframe for making a decision on a non-statutory review. The Council’s aim is to mirror the timeframes for section 202 statutory reviews and make a decision within eight weeks. It acknowledges it has fallen short.

Relevant Ombudsman report and reviews of the service

84. In March 2023 the Ombudsman published a public interest report 22007276 which found systemic failings in the Council’s homelessness service. It recommended the Council commission an independent external review of the homelessness service and produce an action plan setting out how it will ensure it meets its statutory duties to homeless applicants. The Ombudsman said the relevant scrutiny committee or Cabinet member should oversee progress in delivering the action plan.
85. The Department for Levelling Up, Housing and Communities (DLUHC) completed an independent review of the service and made several recommendations which the Council incorporated into a Housing Needs Service Improvement Plan. However, the Plan did not specifically address the need to reduce the average time to process review requests.
86. The Council has established a Housing Improvement Board which the Chief Executive, Leader of the Council and the Cabinet Member for Housing and Homelessness attend. The board reflects on and responds to key concerns and reports issued by the Ombudsman to drive service improvement.

My analysis

87. The Council’s updated assessment of Miss X’s housing needs was inadequate. It does not give an accurate and comprehensive summary of her family’s housing and support needs. That is fault. Furthermore, judging from the date on the report, it seems it was completed after we had made enquiries and requested it. Without a clear understanding and record of the family’s housing and support needs, the Council may make unsuitable offers of accommodation.
88. The Council took far too long to respond to Mrs Z’s reports about a mice infestation and disrepair in Property 2. A property inspection was only arranged after Mrs Z used the complaints procedure. This was fault and left Miss X and her child living in poor conditions for longer.
89. The failure to respond to Mrs Z’s February 2023 request for an internal review of the suitability of Property 2 is fault. Although it has apologised for the delay, Mrs Z is still waiting for a decision 16 months later. The Council’s evidence shows a systemic delay in making review decisions. This service failure will have a significant impact on many other homeless applicants and their representatives. The failure to make timely decisions means many applicants will end up staying much longer than they should in unsuitable accommodation.
90. In the absence of a decision, I have decided, on the balance of probabilities, the likely outcome of the review to establish the extent of the injustice to Miss X and her family.
91. To be suitable, accommodation must meet the needs of Miss X and all those who can reasonably be expected to live with her. This includes A and B who are members of Miss X’s household. Although they are currently accommodated at the school, they are expected to return to her care. In the housing needs assessment, the Council said Miss X needs four-bedroom wheelchair accessible accommodation. Property 2 has two bedrooms and is not wheelchair accessible. Having considered the evidence, it is safe to conclude the current accommodation at Property 2 is unsuitable for the needs of all the members of Miss X’s household who might reasonably be expected to live with her. Because the accommodation is too small, Miss X has incurred avoidable financial loss. This is because she has to pay to store A and B’s belongings, including specialist equipment.
92. The Council has considered Miss X for direct offers of social housing properties. Unfortunately, none of these properties proved suitable for her family’s needs, even with adaptations. But I have seen no evidence that the Council has tried to source alternative self-contained accommodation which meets the family’s needs. Presumably that is because it has not reached a decision on the suitability of the current accommodation under the review process.
93. Miss X and her children have very specific accommodation needs because of their complex disabilities. I understand it is extremely difficult to source suitable accommodation. However, caselaw confirms the duty to provide suitable accommodation is immediate, unqualified, and cannot be deferred so the Council cannot plead lack of supply or resources as a defence.
94. The Council did not tell Miss X in writing when the status of her accommodation changed from interim to temporary accommodation when it withdrew the discharge of duty decision. It did not explain she had the right to request a statutory review of suitability. That fault deprived her of the right to request a statutory review. Having since ended its main housing duty again in November 2023, the accommodation reverted to interim accommodation provided under the Council’s power to accommodate pending a review and appeal. However, the accommodation must still be suitable.
95. The children’s social worker expressed in strong terms her concern that separation from Miss X has a significant impact on A and B’s emotional wellbeing. Although Miss X and her youngest child regularly visit them at their school, the lack of suitable accommodation deprives them of the opportunity to have breaks in the family home with their mother and younger sibling. I have seen no evidence that the Council responded to or considered the serious concerns A and B’s social worker raised in December 2023 in the context of its duty under the Children Act 2004 to promote the welfare of the children. Furthermore Article 8 of the Human Rights Act is clearly engaged considering the social worker’s statement that the failure to provide suitable accommodation for all the family members is causing psychological harm and interference with their family life.
96. Miss X is trying to support two children with significant disabilities who cannot live with her whilst managing her own physical and mental health in unsuitable accommodation and caring for her youngest child. Due to these circumstances, Miss X relies on Mrs Z to raise matters with the Council on her behalf. The Council’s failure to respond to many of Mrs Z’s communications was fault. This caused Miss X additional avoidable distress and frustrated Mrs Z’s efforts to assist her client.

Back to top

Agreed action

97. Within one month of my final decision, the Council has agreed to:
• Arrange for a senior manager to apologise to Miss X in line with our guidance on Making an effective apology;
• Make a separate apology to Mrs Z for failing to reply to her communications which put her to the time and trouble of making a complaint and frustrated her efforts to assist her client;
• Pay Miss X £350 a month from 7 February 2023 until such time as it provides suitable alternative temporary accommodation or stops providing accommodation to Miss X under Part 7 of the Housing Act 1996. This recognises the impact of being placed in unsuitable accommodation where her two eldest children cannot come to stay or even visit and where she struggles to access the accommodation;
• Pay Miss X a further £250 a month from 7 February 2023 until September 2024. This is to reimburse the reasonable and avoidable financial loss she incurred storing her belongings because the property is too small.
• Continue to pay £250 a month or the actual cost of storage, whichever is lower, until such time as Miss X no longer has storage costs resulting from the failure to provide accommodation of sufficient size.
• Make additional payments of £1,500 each to be used for the benefit of A and B to recognise the harm caused to them because they cannot stay with their mother and younger sibling due to the unsuitability of the accommodation;
• Review the content of the March 2024 housing needs assessment to take account of the representations Mrs Z made about significant errors and omissions. It should send her a copy of the amended document;
98. The Council should also take the following action to improve its services within eight weeks of my final decision.
• Send a written briefing to all staff in the Housing Needs service reminding them of the legal duty to make an accurate and comprehensive record of the housing and support needs of the applicant and members of their household and to keep PHPs under review;
• Review its procedures for acting on reports of disrepair in interim/temporary accommodation to ensure property inspections are arranged promptly;
• Share a copy of our final decision statement with the Housing Improvement Board;
• Identify what further steps it can take to reduce the time it takes to process statutory and non-statutory review requests and include this in the Housing Needs Improvement Plan.
99. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

100. I have concluded my investigation. The Council was at fault, causing significant injustice to Miss X and her children. The action I have recommended is a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman