Summary: Mr X complained the Council failed to provide alternative temporary accommodation after it confirmed his property was unsuitable. The Council was at fault. Mr X and his family lived in unsuitable accommodation for 18 months. The Council has agreed to apologise, make a financial payment and provide guidance to its staff.

The complaint

1. Mr X complained the Council failed to provide alternative temporary accommodation after it confirmed his property was unsuitable. Mr X said he has lived in unsuitable accommodation since July 2023.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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 read Mr X’s complaint and spoke to him about it on the phone.
5. I considered information provided by Mr X and the Council.
6. Mr X and the Council now have an opportunity to comment on my draft decision. I will considered all comments before making this final decision.

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What I found

Background information

7. 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.
8. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan. (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
9. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. When a council decides this duty has come to an end, it must notify the applicant in writing (Housing Act 1996, section 189B)
10. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
11. 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)
12. 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)
13. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
14. 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 and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
15. 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)
16. 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

What happened

17. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
18. Mr X moved into temporary accommodation at the end of 2022. He moved in with his daughter, who has complex additional needs.
19. Mr X included his wife in his homelessness application in February 2023.
20. Mr X asked the Council to review the suitability of his accommodation in April 2023.
21. The Council sent Mr X its section 202 review decision in July 2023. This decision confirmed the accommodation was not suitable.
22. Mr X chased the Council in December 2023. The Council has not evidenced a response to Mr X.
23. Mr X continued to chase the Council for an update on when it would move him to suitable accommodation. Mr X complained to the Council in April 2024. Mr X complained the Council accepted it placed him in unsuitable accommodation but has not moved him.
24. The Council responded in May 2024. The response said the Council was aware the current accommodation was not suitable, but there was a shortage of housing. The Council partially upheld the complaint and apologised.
25. Mr X asked the Council to escalate his complaint to stage two in June 2024. Mr X said the stage one response partially upheld the complaint without giving reasons for not fully upholding it. Mr X said the Council admitted the accommodation was unsuitable but had not moved him.
26. The Council issued its stage two response in July 2024. The Council confirmed the property was not suitable for Mr X and his family. The Council agreed to add Mr X to the urgent transfer list.
27. In October 2024, the Council evicted Mr X from temporary accommodation due to disrepair issues. The Council moved Mr X and his family to a hotel.
28. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to provide him with suitable accommodation.
29. In response to my enquiries the Council stated it tried to find alternative accommodation, but it had a shortage of properties. The Council confirmed Mr X moved into a suitable property in December 2024.

My findings

30. The Council said it did not find suitable accommodation for Mr X due to the shortage of available accommodation in the area. While the Ombudsman acknowledges issues sourcing accommodation, the Council’s duty to provide suitable temporary accommodation is immediate, non-deferrable and unqualified. The Council did not meet this duty. Failure to move Mr X to suitable temporary accommodation is service failure and is therefore fault.
31. The Council said in its response it tried to source alternative accommodation. There is no evidence of this. The Council notes do not show any evidence of any actions to source alternative accommodation. The notes show extended periods with no recorded action and Mr X having to chase a response.
32. The Council considered Mr X’s temporary accommodation was unsuitable in July 2023 and would move him to other temporary accommodation. It is not sufficient for a council to simply say it will find an applicant alternative temporary accommodation and wait for a property to become available. There is no evidence to show the Council has taken any further proactive action to find suitable temporary accommodation for Mr X since July 2023. The Council had a statutory duty to provide suitable temporary accommodation, and it should have continued its efforts to source such accommodation. The failure to do so is fault. Mr X and his family lived in unsuitable accommodation from July 2023 until December 2024, 18 months.
33. There is also no evidence to show the Council has properly considered all its options to secure suitable accommodation for Mr X, including increasing Mr X’s priority. The Council only suggested this in its stage two response, one year after it confirmed the accommodation was not suitable. The failure to consider all the options to secure alternative suitable accommodation in a timely manner is fault.
34. The delay in moving Mr X and his family has caused an injustice to them as it means they have lived in unsuitable temporary accommodation for 18 months. Our Guidance on Remedies recommends a payment of £150 - £350 for each month spent in unsuitable temporary accommodation. The figure should be based on the impact on the complainant and other household members and take account of factors such as:
• overcrowding and disrepair;
• any specific needs arising from a disability – for example, a wheelchair user who cannot access some rooms; and
• any particular vulnerability of the complainant or household members. So a situation where three young children had to continue sharing a bedroom would usually require a remedy at the lower end of the range; and a situation where a disabled person could not access bathing facilities would usually require a remedy at the upper end of the range.”
35. The injustice is likely to be greater if the complainant or a household member is particularly vulnerable or has dependants who were also affected.
36. The remedy for the 18 months the family were in unsuitable accommodation should be at the higher end of this range to acknowledge Mr X’s daughters’ additional needs and the impact the unsuitable accommodation had on her.

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Agreed action

37. To remedy the outstanding injustice caused to Mr X and his family by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this final decision:
• Apologise to Mr X for the injustice caused by the fault identified in this case. This apology should be in accordance with the Ombudsman’s guidance Making an effective apology.
• Pay Mr X £300 per month to recognise the unsuitability of the accommodation and its effect on him and his family for 18 months, totalling £5,400.
• Remind staff of the Council’s duty to people living in unsuitable accommodation.
• Provide guidance to all relevant staff on the actions the Council should take to source alternative accommodation. This guidance should include recording the actions the Council takes.
38. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

39. I have completed my investigation. I have found fault by the Council, which caused injustice to Mr X and his family.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman