Summary: Miss B complained about unresolved disrepair issues in her temporary accommodation. We found the Council at fault as there were long delays for agreed repairs to be completed. The Council has agreed to our recommendations to remedy the injustice caused.

The complaint

1. Miss B complains the Council has delayed or has failed to take appropriate action to issues she has raised regarding disrepair, damp, and mould in the temporary accommodation she and her family are living in. She says this has caused significant frustration, distress and inconvenience and she has concerns about her family's safety and health.

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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. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), 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. I discussed the complaint with Miss B and considered her views.
6. I made enquiries of the Council and considered its written responses and information it provided.
7. Miss B and the Council 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

Law and administrative background

Temporary accommodation

8. Temporary accommodation is accommodation provided to homeless applicants as part of a council’s main homelessness duty.
9. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main homelessness duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)

Background

10. Miss B and her family are homeless. The Council owes her the main housing duty. She is currently in temporary accommodation provided by the Council.
11. The Council said the Managing Agent (“MA”) acts on its behalf. The MA is responsible for the temporary accommodation the Council has arranged for Miss B, including repairs.

What happened – summary of key relevant events

February 2023 to November 2023

12. In February 2023, Miss B contacted the MA (and copied the Council in). She raised various disrepair issues including damp and mould in the bedrooms and a faulty bath tap.
13. In mid-March 2023, Miss B contacted the Council to chase a response. She said the bath tap had been fixed. She added she had tried various methods of dealing with the damp and mould herself but could not keep on top of it due to a medical reason.
14. The next day, the Council apologised to Miss B. It asked the MA for an urgent update with the disrepair issues. The MA said it would send some dehumidifiers to see if it helped. In response, the Council asked the MA to carry out a damp survey as Miss B had already tried this.
15. At the end of March 2023, the Council responded to Miss B’s complaint at Stage One. It said it would continue to liaise with the MA to address the issues raised until they were resolved. The Council accepted the service was below its usual standards. It upheld her complaint.
16. In May 2023, a damp survey was carried out. The report recommended works including installing extractor fans in the bathroom and kitchen.
17. In July 2023, Miss B emailed the MA (and copied in the Council), adding concerns about a broken window with safety concerns for her children.
18. At the end of October 2023, Miss B contacted the Council to log a further complaint at Stage Two. She said no action had been taken after the damp survey, the broken window remained and added the hot top was faulty again.
19. In late November 2023, the Council responded at Stage Two. It had now conducted a joint inspection of her property with the MA. The Council agreed work was needed. It was clear not all actions to resolve the issues had been carried out since March 2023. It upheld her complaint.
20. Following the joint inspection, the Council shared a works list to the MA and asked for updates on timescales and completion. This included fixing the tap, the window, and installing extractor fans.
21. In January 2024, Miss B said electric heaters had been fitted but did not resolve much.
22. In February 2024, Miss B complained to us, as some issues were still outstanding.

The Council’s response to my enquiries

23. As part of my investigation, I asked the Council:
• to explain and evidence what steps it or the MA took to address each issue Miss B raised;
• to explain how it satisfied itself, or how it monitored the progress of these repairs; and
• for a copy of the MA’s records and evidence of how it handled the issues.
24. In response, the Council did not send, in my view, adequate answers to these. It said it had asked the MA for its relevant files, but the MA did not send this. The chronologies in this statement are based on comments by both parties and emails I have seen.
25. The Council sent me its service level agreement with the MA which sets outs timescales for the MA to complete repairs. Priority A – should be done within 24 hours. Priority B - should be done within five working days. Priority C – should be done within 28 working days. The Council categorised the repairs Miss B needed as Priority A and C.
26. The Council also sent information and evidence about events from February 2024 to July 2024.

Events since Miss B’s complaint to us – February 2024 to July 2024

27. In February, late March and early April 2024, Miss B contacted the MA and Council to say the bath tap, window, and mould issues still remained. The Council contacted the MA for an update.
28. The MA responded it had issues with the landlord agreeing to works and difficulties with one of its subcontractors it had chased. It gave an update on what it had actioned with the bath tap and mould. A month later in May 2024, Miss B chased the Council again.
29. The Council asked for an update from its MA. It said otherwise it would take action against the MA until the repairs were completed.
30. In June 2024, the Council put a payment freeze against the MA asking for outstanding works to be done. Later in June 2024, I spoke to Miss B. She said the tap was fixed and a fan had been installed.
31. In July 2024, the Council asked the MA if it had completed the repairs on the work list. The MA responded it had the previous month. The Council removed the payment freeze against the MA and said Miss B has not raised further reports to it since.

Analysis

February 2023 and November 2023

32. Miss B contacted the MA and the Council a number of times due to the ongoing issues and the impact this was having on her family.
33. I do not have sight of the MA’s own records so I cannot see evidence of the actions the MA took to resolve these in this time period. While the Council has tried to obtain these, it has been unable to do so. There is a lack of transparency here as I cannot clearly see what the MA has done and when. This is fault.
34. The Council did not send evidence to show it actively monitored the progress with the repairs from March 2023 to November 2023 (including any action with the recommendations from the damp survey from May 2023), despite saying to Miss B it would. From what I’ve seen, it did not contact the MA about Miss B’s case until she escalated her complaint further in October 2023. It let the case drift; this is fault.

February 2024 and July 2024

35. After the Council’s final complaint response in November 2023, it agreed a works list to complete. Miss B contacted the Council and MA a few months later as some had not been completed.
36. Again, the Council appears to have acted only in response to Miss B’s prompts, rather than through its own monitoring process. It was already aware these had been ongoing for a long period. This is fault.
37. I note the Council were more proactive in this period with chasing the MA up after this. However, the work list repairs from November 2023 were not completed until around June 2024. While the Council did take some action against the MA with a payment freeze in June 2024, I consider this to be very late down the line considering some of the repairs appeared outstanding from as far back as March 2023.

Summary – fault and injustice

38. The Council’s service level agreement with the MA sets timescales for it to complete repairs (see Paragraph 25). Overall, in Miss B’s case over the two time periods, the MA significantly exceeded these timescales. The Council also did not do enough to monitor their performance and chase progress. The Council is responsible for the actions of the MA when they act on its behalf to manage temporary accommodation. I therefore find the Council at fault.
39. The delays in completing repairs since February 2023 and later after November 2023 caused Miss B and her family significant distress, frustration and inconvenience as these were not completed in a timely manner. This has been over a notable period of time, and they had to live with these for longer than necessary. She also went to time and trouble to chase up the issues.

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Agreed action

40. When a Council commissions another organisation to provide services on its behalf, it remains responsible for those services and for the actions of the organisation providing them.
41. To remedy the injustice set out above, the Council has agreed to carry out the following actions:
42. Within one month of the final decision:
• Apologise to Miss B (in line with our guidance on making an effective apology) for the frustration, inconvenience and distress caused by the delays and inaction with the repairs and time spent chasing the issues; and
• Pay Miss B a symbolic payment of £400 to recognise her injustice with the faults identified.
43. Within three months of the final decision:
• The Council should use this complaint as a case study to review its processes of how it deals with persistent or recurring disrepair reported by complainants. It should explore ways of improving liaison, information sharing and performance monitoring to ensure its managing agents meet the timescales and standards in its service level agreement. It should share a copy of any steps or action plan it makes from this.
44. The Council should provide us with evidence it has complied with the above actions.

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Final decision

45. I found fault with the Council which caused injustice to Miss B. The Council has agreed with my recommendations to remedy this, and I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman