Summary: the Council delayed investigating repair issues in Miss B’s temporary accommodation and in moving her to emergency accommodation. An apology, payment to Miss B and reminder to officers is satisfactory remedy.

The complaint

1. The complainant, Miss B, complained the Council failed to move her from temporary accommodation which was uninhabitable.
2. Miss B says as a result her children became sick and it had a significant impact on her mental health.

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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. 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

5. As part of the investigation, I have:
• considered the complaint and Miss B's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
6. Miss B and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What should have happened

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities sets out councils' powers and duties to people who are homeless or threatened with homelessness.
8. If a council is satisfied an applicant is homeless, eligible for assistance, and has a priority need it has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193)
9. 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)
10. 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 in circumstances the Council must consider whether the accommodation remains suitable.

What happened

11. Miss B and her three young children moved into interim accommodation provided by the Council on 18 July 2023.
12. Miss B experienced a leak at the property which affected the electrical fuse box and the Council became aware of that on 30 August. Miss B said she could not use her household appliances because the fuse was tripping and it posed a hazard. The Council asked the agent to investigate the cause of the water leak and arrange for an electrician to resolve the issues.
13. The agent for the property contacted the Council on 4 September to say it could not complete the repairs until Miss B moved out of the property. The Council contacted the agent again on 11 September to ask it to investigate the mould in the property and remedy it.
14. On 11 September Miss B’s social worker raised concerns about her living circumstances. The social worker referred to concerns about the impact on the children’s health and told the Council the landlord had said the work could not be completed until the family moved out.
15. On 12 September the Council accepted a full housing duty to Miss B. At that point the interim accommodation became temporary accommodation.
16. Miss B’s landlord contacted the Council again on 20 September to tell it work at the property could not take place until Miss B moved out. Miss B also told the Council she did not have any water supply. In response the Council asked the agent for the property to restore the hot water supply.
17. The Council arranged an emergency hotel placement for Miss B on 19 October. The Council’s inspector visited Miss B’s property on 25 October with the intention of carrying out a full inspection. However, Miss B was in the process of moving out at that point as the accommodation provider had identified a new property for her to move into. Miss B moved into that property on 26 October.

Analysis

18. Miss B says the Council failed to move her from temporary accommodation which was uninhabitable. Miss B says following a leak in August 2023 she could not use many of the sockets in the house and there was damp and mould. Miss B also says she did not have any hot water and the Council left her and her three young children in the property until her landlord identified another property for her to move to.
19. I am satisfied the Council knew about problems with Miss B’s property in August 2023. I am satisfied the Council dealt with that appropriately at first by contacting the landlord to ask him to resolve the issues with the property. However, I am satisfied by 4 September the Council knew the landlord had said he could not complete the repairs to the property while Miss B and her family were living in it. Despite that the evidence shows the Council repeatedly asking the agent to arrange for the repairs to take place. I am concerned about that given the landlord had made clear Miss B needed to move out so the repairs could take place.
20. I am also concerned the Council did not arrange for an inspector to go out and see the property at that point to decide whether Miss B needed to move. There is no evidence the Council arranged that visit until October 2023. Failure to arrange an inspection when the landlord made clear the work could not be completed while Miss B was in the property is fault.
21. I am also concerned about the delay moving Miss B when she reported not having any hot water in the property on 20 September 2023. I appreciate the Council has limited supply of temporary accommodation and therefore it is not always possible to identify a new property for someone to move into. However, the Council accepted Miss B needed to be moved to emergency hotel accommodation and arranged that on 19 October. I see no reason why the Council could not have done that when it became aware Miss B did not have any hot water in the property on 20 September. I therefore consider the Council at fault for leaving Miss B in a property it knew was unsuitable for her from at least 20 September and for failing to consider before that whether Miss B needed to be moved out to allow repairs to take place.
22. I consider Miss B has suffered a significant injustice due to the Council’s fault. Miss B is left with some uncertainty about whether her situation could have been resolved earlier if the Council had carried out an inspection in September 2023. Miss B also had to remain in what the Council knew to be unsuitable accommodation between 20 September and 19 October 2023. As remedy for that I recommended the Council apologise to Miss B and pay her £500. I also recommended the Council remind officers dealing with repairs in interim and temporary accommodation of the need to ensure complaints about repairs are properly investigated and a decision made about whether an emergency move is necessary. The Council has agreed to my recommendations.

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Agreed action

23. Within one month of my decision the Council should:
• apologise to Miss B for the distress and uncertainty she experienced due to the faults identified in this decision. The Council may want to refer to the Ombudsman’s updated guidance on remedies, which sets out the standards we expect apologies to meet;
• pay Miss B £500; and
• send a reminder to officers dealing with repair issues in interim and temporary accommodation about the need to promptly investigate any concerns about repair issues in the property and consider whether emergency rehousing is necessary.

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Final decision

24. I have completed my investigation and uphold the complaint.

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Investigator's decision on behalf of the Ombudsman