Summary: Ms J complained about how long the Council has taken to move her from unsuitable temporary accommodation. She also complained about how long she has been in temporary accommodation. At this stage, we consider there is some fault as the Council delayed in moving her once it decided the accommodation was unsuitable. The Council has agreed to address the fault by a personal remedy to Ms J, and a review of its process.

The complaint

1. Ms J is complaining the Council took too long to move her and her young child from unsuitable temporary accommodation. She also complains about how long she has been in temporary accommodation. She is seeking an offer of permanent accommodation.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(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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What I have and have not investigated

4. I appreciate Ms J is frustrated with the length of time she has been in temporary accommodation. There is no duty for the Council to provide permanent accommodation within a certain time. I have not therefore considered the time she has been in temporary accommodation as part of this investigation.
5. My investigation has looked only at the Council’s actions once Ms J informed it that the temporary accommodation it had provided was unsuitable.

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How I considered this complaint

6. I have considered information provided by the Council and Ms J, alongside the relevant law and guidance.
7. Ms J and the Council have had an opportunity to comment on a draft decision before this final decision was made.

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What I found

Law and Guidance

8. 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 housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
9. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
10. Councils must complete reviews of the suitability of accommodation within eight weeks of the date of the review request.

What happened

11. Ms J made a homelessness application in 2018, which the Council accepted. The Council placed Ms J in temporary accommodation and explained the priority band it had given her. Ms J has been bidding for permanent accommodation since.
12. In September 2023, Ms J complained to the Council that the temporary accommodation she had been in for the past seven weeks was unsuitable for her needs at that time. Ms J provided supporting evidence in November 2023.
13. The Council reviewed the suitability of Ms J’s temporary accommodation and in April 2024, it accepted that it was not suitable.
14. In July 2024, the Council made an offer of alternative accommodation to Ms J.

Analysis and Views

15. The Council were aware of Ms J’s concerns about her temporary accommodation since at least September 2023. The Council should carry out a suitability review within eight weeks of the request.
16. In this case, the Council took 20 weeks to review the suitability of Ms J’s accommodation, from the point Ms J had provided the evidence it required from her. As the Council should carry out such a review within 8 weeks, this is fault.
17. Ms J had to wait an additional 12 weeks for the review decision, which was made in April 2024. This has caused an injustice to her as she had to remain in the temporary accommodation for this period with the uncertainty of whether the Council would agree to move her.
18. Our view is that if a council has decided the applicant’s current accommodation is unsuitable, it is in breach of its statutory duty under section 206 from that point until it provides suitable accommodation.  We consider delay in transferring the applicant to suitable accommodation is service failure even when that is due to external factors beyond the Council’s control (such as a shortage of temporary accommodation).
19. In this case, the Council made an offer to transfer Ms J in July 2024, more than 12 weeks after the review decision. With the delay in reviewing the suitability of the accommodation, Ms J has had to wait a total of 24 weeks for an offer of suitable accommodation.
20. The Council has agreed to recognise the injustice that has been caused to Ms J as a result of the delays here. It will apologise for this and make a payment of £200 for each month of delay.
21. The monthly payment reflects the impact Ms J had explained the property was having on her in her review request, which was significant. She has had to remain in a property which was causing her distress, and this is reflected in the agreed remedy.
22. The Council has also agreed to consider its process to avoid a repeat of the fault identified.

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Agreed action

23. Within one month of the decision, the Council will:
• apologise to Ms J for the identified fault, in accordance with our guidance on apologies;
• make a payment of £1,200 to Ms J.
24. Within three months of the decision, the Council will:

• review the causes of the delays identified and produce a plan to avoid a recurrence.

25. The Council will provide us with evidence it has complied with the above actions.

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Final decision

26. I have found the Council at fault and it has agreed to provide a remedy in order to acknowledge the injustice caused as a result.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman