Summary: The Council failed to provide Miss B with suitable interim accommodation. The Council was at fault for placing Miss B in unsuitable interim accommodation and incorrectly ending its relief duty. Because of the fault, Miss B suffered distress, uncertainty, inconvenience and meant she stayed in unsuitable accommodation for longer than necessary. The Council will apologise, provide staff training, and review its procurement policy.

The complaint

1. Miss B complains the Council failed to provide her with suitable interim accommodation, and did not consider her disability, the ages of her children, and her support network.
2. As a result, she has struggled with daily life and she would like rehousing into a property that can meet her needs and the needs of her children.

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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 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)
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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What I have and have not investigated

5. I have investigated matters in this case from late September 2023 to mid-May 2024.
6. I have investigated the part of Miss B’s complaint about how the Council placed her in unsuitable interim accommodation.
7. I have not investigated any reference to the Council placing Miss B in band 4 when it accepted its main duty in April 2024. This is because Miss B wanted to be in band 2, and the Council has since awarded band 2 to Miss B. I do not consider a further investigation about this point is likely to achieve anything more for Miss B.

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How I considered this complaint

8. I read Miss B’s complaint and spoke to her about it on the phone.
9. I considered information provided by Miss B and the Council.
10. Miss B and the Council have had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

11. 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.

Interim and temporary accommodation

12. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
13. 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)
14. If a council is satisfied an applicant is unintentionally 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. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)

Suitability

15. 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)
16. 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 Homelessness Code of Guidance, paragraph 17.2)
17. 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, section 202 and Homelessness Code of Guidance, paragraph 19.3)

Bed and breakfast accommodation

18. Bed and breakfast (B & B) accommodation can only be used for households which include a pregnant woman or dependant 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)
19. When a council secures B & B accommodation for an applicant with family commitments, it should notify the applicant that the council will be unable continue to secure B & B accommodation for such applicants any longer than six weeks, after which the authority must secure alternative, suitable accommodation. (Homelessness Code of Guidance, paragraph 17.36)

What happened

20. This is a summary of events, outlining key facts and it does not cover everything that has occurred in this case.
21. In January 2023, Miss B referred herself to the Council for assistance due to affordability issues with her rent. She was renting a property from a private landlord and the landlord told her he was increasing the rent amount.
22. In May 2023, the Council informed Miss B of its decision to accept the duty to prevent her from becoming homeless, as she was threatened with homelessness. This is called the prevention duty.
23. In mid-September 2023, the Council carried out a medical assessment for Miss B. The advice and recommendations from the medical assessor said Miss B needed a property that had:
• ground floor or lift access, and to be on one level internally;
• preferably a stairless entrance, or a low-profile step/threshold;
• space for a perching stool for meal preparation;
• a shower seat to support with washing; and
• a reasonable distance to Miss B’s support network in two specific areas.
24. In mid-September 2023, Miss B told the Council she could no longer afford to pay the full rent amount to her landlord. The Council informed Miss B of its decision to accept the duty to help resolve Miss B’s homelessness, as it was not able to prevent her from becoming homeless. This is called the relief duty.
25. On 18 September 2023, the Council placed Miss B and her children in B & B accommodation where they stayed for six weeks.
26. In late October 2023, the Council made Miss B an offer of settled accommodation. Miss B accepted the offer. The Council informed Miss B of its decision to end the relief duty, as her homelessness had been resolved.
27. A few days later, Miss B requested a review of the Council’s decision to end the relief duty, on the grounds the property was unsuitable due to her medical conditions and her children, as the property had a step at the entrance. The Council’s medical team confirmed the property was suitable based on Miss B’s medical information.
28. Miss B contacted the Ombudsman on the same day and it referred her complaint to the Council for it to consider. Miss B complained she had been in unsuitable B & B interim accommodation for several weeks and it was impacting her and her children. She said she wanted to be urgently rehoused into a property that could meet her needs and the needs of her children.
29. In mid-November 2023, Miss B reported to the Council there were issues with the property. She told it the electricity was not working so there was no heat or hot water, and there was a leak in the kitchen. The Council told Miss B it would send someone to the property in early December to resolve the issues.
30. A week later, the Council sent Miss B an acknowledgement to her request for a review.
31. In early December 2023, Miss B contacted the Council. She told it she had been staying with friends and family as the property still had no heating or hot water.
32. On 21 December 2023, the Council asked Miss B for an extension to respond to her review.
33. In late January 2024, Miss B told the Council the kitchen ceiling had collapsed, and the kitchen had flooded.
34. A couple of days later, the Council carried out a home visit to Miss B and it confirmed the property was unsuitable. The Council placed Miss B and her children in B & B accommodation so repair works could be carried out.
35. In early March 2024, the Council informed Miss B her review was successful. It told her the Council’s decision to end the relief duty in October 2023 was incorrect as the property was not suitable due to the disrepair issues. The Council reinstated the relief duty to help resolve Miss B’s homelessness.
36. In late March 2024, the Council made Miss B an offer of self-contained accommodation. Miss B accepted the offer, but she remained in B & B accommodation until 9 April 2024.
37. On the same day, the Council sent Miss B a stage one complaint response. It told her:
• It had considered her circumstances when determining the suitability of the B & B accommodation, but there were no suitable self-contained accommodations available. It said this means it must use alternative accommodations such as those with shared facilities.
• The Council had considered Miss B for a number of two and three-bedroom properties, but they were not suitable for her and her family for reasons such as the distance to her support network and the children’s school being too far away.
• It was satisfied the necessary checks were being carried out in order to move Miss B to more suitable accommodation.
38. On 11 April 2024, Miss B moved into the property she accepted in late March 2024. Miss B said this property was unsuitable due to her medical needs, as the property had internal stairs from the ground floor to the first floor. Miss B later had a fall down the stairs.
39. A few days later, Miss B raised a stage two complaint with the Council.
40. On 23 April 2024, the Council informed Miss B of its decision to end the relief duty and accept the main duty to house Miss B. It told her she had been awarded Band 4.
41. On 13 May 2024, the Council sent Miss B a stage two complaint response. It told her:
• It is aware B & B accommodation is deemed as unsuitable for families for interim accommodation purposes, but there were no suitable self-contained accommodations available. It apologised for this.
• It recognised the distress, uncertainty and hardship living in B & B accommodation caused to her and her family. For this, it offered Miss B a payment of £846.60. It told her this was calculated at £200 per week, for the four weeks and three days Miss B spent in B & B accommodation, over the six-week statutory limit mentioned in paragraph 18. It also offered an additional payment of £50 for distress.
• Offers of accommodation do not always align with individual preference and medical recommendations as demand for properties is high. It told Miss B it appreciates the property should be on one level internally, but it considered it reasonable for Miss B to stay there while it sources more suitable accommodation. It said this was because the property was close to her support network who could help her, and because it was suitable in terms of size, affordability, and closeness to her children’s school.

Analysis

42. The property the Council placed Miss B in in late October 2023 was not unsuitable due to the low step at the entrance of the property. The Council’s medical assessor recommended properties for Miss B should preferably have a stairless entrance or a low-profile step/threshold. I have seen a photograph of the step at the property entrance, which I consider to be a low-profile step/threshold. Information and communication between the Council and Miss B confirms she can use crutches as a walking aid and is not wheelchair bound. So based on the recommendations from the medical assessment and the height of the step, this was not fault by the Council.
43. However, the Council accepts the property was unsuitable from the outset due to the disrepair issues. The property had no heating or hot water, damp, and a leak in the kitchen which led to the ceiling collapsing. The Council accepted in its review response it should not have ended the relief duty and offered Miss B this property due to it being unsuitable. I have not seen any evidence the Council properly considered the disrepair issues before offering the property to Miss B. And given Miss B’s health conditions and young children, it would not have offered her the property if it had properly considered them.
44. The disrepair issues in the property led to the Council placing Miss B and her children in B & B accommodation again while the repairs were being completed, or until it found her another property. Miss B and her children were in B & B accommodation from 26 January 2024 to 9 April 2024, ten weeks and four days in total. This is four weeks and four days longer than the six-week statutory limit. This was fault.
45. Miss B was staying in B & B accommodation with two young children and a baby with no cooking facilities. This meant she could not cook meals and nurse her baby and Miss B’s carers were unable to assist her fully. Miss B was also sharing a bed with her baby as there was no space in the room for a cot or Moses basket. This caused distress, uncertainty, and inconvenience to Miss B and her family.
46. As mentioned in paragraph 23, the medical assessor recommended properties for Miss B should be on one level internally. The property Miss B moved in to on 11 April 2024 was unsuitable as it had internal stairs, and she had a fall. The Council has acknowledged this but said demand for properties in the borough is high so offers do not always align with individual preference and medical recommendations. The Council’s records show it has tried to find alternative accommodation for Miss B and her children. It offered Miss B three other properties which Miss B refused as they were too far away from her children’s school or in what she considered to be an unsafe area. While the Council accepted the stairs in the property made it unsuitable, it said it had considered other factors which would reduce the impact of the unsuitable accommodation, such as Miss B’s support network being close by to assist her.
47. It is not for lack of trying the Council was unable to provide Miss B with suitable accommodation. Nevertheless, the law is clear the Council has a duty to provide accommodation to homeless applicants which is suitable. It did not do so. This was a service failure and caused an injustice to Miss B.
48. Sometimes we will recommend a financial payment to the person who brought their complaint to us. This might be to reimburse a person who has suffered a quantifiable financial loss, or it might be more of a symbolic payment which serves as an acknowledgement of the distress or difficulties they have been put through. But our remedies are not intended to be punitive and we do not award compensation in the way a court might. Nor do we calculate a financial remedy based on what the cost of the service would have been to the provider.
49. The Ombudsman has published guidance to explain how we calculate remedies for people who have suffered injustice because of fault by a Council. Our primary aim is to put people back in the position they would have been in if the fault by the Council had not occurred.
50. The Council has already made a payment of £846.60 to Miss B. This was to acknowledge the impact to Miss B by being placed in B & B accommodation for longer than the six-week statutory limit. I am satisfied that in the circumstances of this complaint, £846.60 is an appropriate amount to remedy the impact of this fault. This is because the remedy has been calculated at £200 per week from the date the six-week statutory limit was reached until the date Miss B moved out of the B & B accommodation. This is in line with the Ombudsman’s guidance on remedies.
51. The Council also made Miss B an additional payment of £50 to acknowledge the distress caused to her by her and her children sleeping in a single hotel room. This is a suitable amount, given the Council has already paid Miss B £200 per week she spent in B & B accommodation over the six-week limit. This is at the top end of the scale the Ombudsman’s guidance on remedies recommends in such cases, and so the Ombudsman would not recommend more.

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Agreed actions

52. To remedy the outstanding injustice caused to Miss B by the fault I have identified, the Council will take the following actions within four weeks of my final decision:
• Apologise to Miss B for the time she spent in unsuitable accommodation and for the unsuitable properties the Council incorrectly offered her. This apology should be in accordance with the Ombudsman’s guidance Making an effective apology.
53. Within three months, the Council will also:
• Provide staff training to relevant staff to remind them of the B & B accommodation six-week statutory limit for families, and the importance of placing families in suitable accommodation.
• Provide the Ombudsman with evidence of progress it has made on reviewing its procurement policy with the aim of reducing the use of B & B accommodation and increasing the supply of other types of interim and temporary accommodation. Progress on achieving this should also be reported to the relevant Committee on a six monthly basis to ensure democratic oversight and accountability.
54. The Council will provide us with evidence it has complied with the above actions.

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Final decision

55. I have completed my investigation and uphold Miss B’s complaint. There was fault by the Council which caused injustice to Miss B. The action it has agreed 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