Summary: The Council failed to provide suitable accommodation when Mr B and his family were homeless. It placed the family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments. The Council has agreed to make a payment to Mr B to remedy his family’s injustice. It has also agreed to make service improvements.

The complaint

1. Mr B complains that the Council placed his family in unsuitable accommodation when they became homeless in March 2023. He says that his family had to live in bed and breakfast accommodation until April 2024. Mr B says their living conditions have caused the family distress, have affected their health and have caused avoidable expense.

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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 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)
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 the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision and taken all comments received into consideration.

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What I found

Relevant legislation and statutory guidance

5. 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.

The main housing duty

6. Under the main housing duty, councils 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. (Housing Act 1996, section 193(2))

Suitability

7. 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)
8. Applicants can ask a council to review its decision that the accommodation offered is suitable. A request for a review must be made within 21 days, or longer if allowed by the Council. (Housing Act 1996, sections 202, Homeless Code of Guidance, paragraph 19.3)

Bed and breakfast accommodation

9. Bed and breakfast (B & B) accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B & B is 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. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance, paragraph 17.35)
10. When a council secures B & B accommodation for an applicant with family commitments, it should notify the application that the council will be unable to continue to secure B & B accommodation for such applicants any longer than 6 weeks, after which the authority must secure alternative, suitable accommodation. (Homelessness Code of Guidance, paragraph 17.36)

Key events

11. Mr B approached the Council when his family became homeless in March 2023. The Council placed Mr B, his wife and four children in bed and breakfast (B & B) accommodation.
12. In May, a charity requested a review of the suitability of the accommodation on behalf of Mr B. It said that the family had been staying in B & B accommodation for more than six weeks and so the Council was in breach of its duty to provide the family with suitable accommodation.
13. The charity explained that Mr B’s ten-year-old daughter uses a wheelchair and there was not enough space for her to mobilise in the accommodation. It said the family was having to depend on takeaway meals as access to the shared kitchen facilities was difficult, and this was also affecting Mr B’s ability to maintain a healthy diet which was important due to an existing health condition.
14. The Council accepted that the accommodation was unsuitable and said that it had requested that alternative suitable temporary accommodation be provided as soon as possible.
15. In June, the homeless charity made a formal complaint because suitable temporary accommodation had not been provided.
16. In the Council’s response, it explained the difficulties it had encountered trying to find accommodation which would suit the family’s mobility needs. The Council apologised and said that it would contact the family as soon as suitable accommodation became available.
17. Following a further complaint, the Council made an offer of financial redress. It offered to make a payment of £2300 for 23 weeks excess stay in B & B accommodation between 3 May and 11 October and to pay a further £100 per week until suitable accommodation was found.
18. On 10 January 2024, the Council made a direct offer of a three-bedroom house to Mr B. It told us that the tenancy commenced on 15 January and that it was making arrangements to make a payment of £3600 to Mr B.
19. Mr B says that he accepted the offer of the house, even though he had concerns about its size and location. He says that he was unable to move into the house until 26 April because it needed significant repairs and so his family had to remain living in B & B accommodation.

Analysis

20. The law says that B & B accommodation can only be used for households with dependent children when no other accommodation is available and then for no more than six weeks. Mr B’s family were living in B & B accommodation for 58 weeks, from 16 March 2023 until 26 April 2024. The Council breached its duties under the Housing Act 1996 by failing to provide suitable temporary accommodation. This was fault.
21. When the Council placed the family in B & B accommodation, it should have informed Mr B that it could only be provided for six weeks, after which it had a duty to secure alternative, suitable accommodation. It did not do so; this was fault.
22. The Council accepts that the B & B accommodation it provided after 3 May 2023 was not suitable. It offered to make a payment of £100 for each week the family remained in B & B accommodation for more than six weeks.
23. I have considered whether the payment offered by the Council is sufficient to remedy the family’s injustice. Our remedies guidance says that where a family has had to stay in unsuitable B & B accommodation in excess of the six-week legal limit, we are likely to recommend a weekly payment in the range of £100 to £200. This payment is in addition to the reimbursement of any specific quantifiable costs that the homeless household incurred.
24. Mr B says that there were limited kitchen facilities at the accommodation and so they were sometimes dependent on takeaways. I am satisfied that there were kitchen facilities available. On balance, I do not consider Mr B incurred unnecessary expense on food because of the type of accommodation provided by the Council.
25. The excessive length of the family’s stay in B & B accommodation would have caused them inconvenience and distress. It would have been particularly difficult for Mr B’s daughter, due to the limited space for her to mobilise in her wheelchair. I consider the Council’s offer to make a weekly payment of £100 was too low.
26. The Council considers the house it offered to Mr B was ready for the family to move into in January. It says that while some external repairs needed to be carried out, it was satisfied that they would not cause any internal disruption to the occupants. The Council accepts that due to poor communication by its officers, the B & B placement did not end in January as it should have done. It has therefore cancelled any charges for the B & B between 15 January 2024 and 26 April 2024, when the family moved into the house. I am satisfied that the action the Council has taken is appropriate.

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Agreed action

27. The Council has already agreed to make a payment of £100 for each week the family remained in B & B accommodation after the initial six week period. I consider a payment of £150 for each week between 27 April 2023 and 26 April 2024 is appropriate. Following my recommendation, the Council has agreed to make a payment to Mr B of £7800, minus any payments already made. It will make this payment within four weeks of my final decision.
28. The Council has also agreed to change its letter template to ensure that when applicants with dependent children are placed in B & B accommodation under the interim or main housing duty, they are informed that the Homelessness Code of Guidance states that this should be limited to no more than six weeks. It will take this action within eight weeks of my final decision.
29. The Council has provided us with its updated B & B elimination plan which details the actions it is taking to reduce the time families are staying in B & B accommodation, which we are continuing to monitor.
30. The Council should provide us with evidence it has complied with the above actions.

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Final decision

31. I have completed my investigation and uphold Mr B’s complaint. There was fault by the Council which caused injustice. The action the Council has agree to take is sufficient to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman