Summary: Ms K complained that the Council failed to carry out a suitability review of her temporary accommodation. She says the cold, damp, and mould in the property have affected her family’s health. There is no fault by the Council.

The complaint

1. Ms K complains that the Council failed to carry out a suitability review of her temporary accommodation in November 2022, and again in September 2023. She says the property is damp, has mould, and it is very cold. This has affected her family’s health.
2. Ms K also complains about poor responses to repair requests due to a blocked drain. She says the Council did not resolve this for three years.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 Ms K’s complaint regarding the Council’s response to her review requests from September 2023.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
7. I have not investigated Ms K’s complaint about the delay responding to her review request in 2022. This is because that complaint is late. Ms K complained to the Ombudsman about no response to her November 2022 request in September 2024. I do not consider there are good reasons to investigate this complaint.
8. I have not investigated Ms K’s complaint about the Council’s responses to repair requests due to blocked drains because this is also late. Ms K was aware of the issue before June 2023. And I understand the matter is now resolved. I do not consider there are good reasons to investigate this complaint.

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How I considered this complaint

9. I considered evidence provided by Ms K and the Council as well as relevant law, policy and guidance.
10. Ms K and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legislation and guidance

Temporary accommodation

11. 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)
12. 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).
13. 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)
14. Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the suitability of the accommodation (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).
15. Review requests made after 21 days of the temporary accommodation being offered are classed as ‘out of time’ and are dealt with as a non-statutory review. An officer will assess the information provided and reach a decision.

What happened

16. Ms K has been living in temporary accommodation provided by the Council from 2021. The Council had accepted she was in priority need and it owed her the main housing duty.
17. In September 2023 Ms K contacted the Council regarding the suitability of her accommodation. She says she made a review request, but the Council did not respond.
18. In September 2024 Ms K contacted the Council again and said that she had made a suitability review request in September 2023 and earlier in November 2022, but the Council had not responded. She said her home was unsuitable because it was damp, and had mould, water leaks and blocked pipes. She said it was very cold and had condensation due to the lack of ventilation.
19. Ms K said her family’s health had deteriorated due to the cold and damp. She provided copies of bills showing her energy costs to heat the flat. She said she had chased a response without success. Ms K later provided medical supporting information.
20. The Council acknowledged Ms K’s review request. It said it had contacted her in September 2023 and asked her to make a suitably review request. However, it had no record of receiving a suitability review request.
21. In September and October 2024 the Council inspected Ms K’s home. It also sent the medical information to its medical advisor.
22. In November 2024 the Council responded to Ms K’s suitability request. It did not agree the accommodation was unsuitable. It said that its officer had inspected and had not found evidence of damp or mould. It noted some repairs were needed but it did not consider that there were major repair issues that would make the accommodation unsuitable.
23. The Council said that it had considered its medical advisor’s recommendation. It said it was satisfied the accommodation was suitable having regard to the housing medical needs of the household and the characteristics of the accommodation.

Analysis

24. I have not seen evidence that Ms K made a suitability review request in September 2023. It appears that Ms K enquired about this, and the Council advised her to contact it and make a suitability review request. However, the Council has no record of a response. I find no fault here.
25. In addition, I have not seen evidence that Ms K chased a response to the review request she says she made in September 2023. I do not find fault by the Council.
26. I have considered the Council’s suitability review in September 2024. I do not find there is evidence of fault in the Council’s decision. It appears it considered relevant legislation and guidance. It considered the medical and disrepair grounds that Ms K raised but did not agree that the accommodation was unsuitable. As I have not seen evidence of fault in the decision making, I cannot question the outcome as I explained in paragraph 3.

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Decision

27. I find no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman