Summary: Mr X complains the Council has not provided a sufficient remedy following delay in repairing faulty appliances in his temporary accommodation. We have concluded our investigation having made a finding of fault. There was delay in repairing the appliances and the Council has offered to make a further remedy payment to Mr X in line with its Housing Compensation Policy. The Council’s offer is fair and proportionate.

The complaint

1. Mr X complains the Council has not provided a sufficient remedy following the time taken to resolve faulty appliances in his temporary accommodation. Mr X says he was without working appliances for 8 weeks, incurring additional food and utility expenses during this period. Mr X would like the Council to improve its remedy.

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The Ombudsman’s role and powers

2. We must 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. 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

4. I spoke with Mr X and considered the information he provided. I also made enquiries with the Council and considered the information it provided in response. Mr X and the Council will now have an opportunity to comment on my draft decision. I considered any comments made by Mr X and the Council before making a final decision.

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What I found

Relevant guidance

Housing Compensation Policy

5. The Council has a Housing Compensation Policy. Within this policy, it states under ‘Compensation as part of complaint resolution’, that:
• All Housing staff are empowered to consider whether a case should be made and offer compensation.
• Such payments are up to a maximum value of £50.00; and that is has discretion to authorise compensation up to the value of £250.00.
6. Also within this policy, under ‘When will the Council pay compensation?’, it states:
• Where there has been a loss of amenity such as water, gas, electricity, sanitation, heating or hot water, it will award an amount of between £5-£10 per day dependent on the circumstances.
7. The policy also states, that ‘some complaints may result in a goodwill gesture for incidents where monetary compensation would not be appropriate’.

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What happened

8. Mr X moved in, in July 2023. On the day he moved in, he advised the Council that the boiler and oven was not working.
9. The Council contacted the property owner to repair the boiler and oven.
10. Toward the end of July 2023, the boiler remained unrepaired and so Mr X raised a Stage 1 complaint to the Council.
11. In July 2023, the Council responded to Mr X, upholding his complaint. The Council apologised to Mr X for the appliances not functioning and said it would instruct contractors to repair the appliances should the property owner not confirm a repair.
12. In mid-August 2023, the boiler was repaired and Mr X confirmed to the Council that the boiler had been completed.
13. Later in August 2023, Mr X complained to the Council that it had failed to provide appropriate compensation given the absence of a boiler and oven since July 2023 and for the additional expenses incurred as a result.
14. Toward the end of August 2023, the Council provided its Stage 2 complaint response to Mr X, acknowledging delay in repairing the appliances. The Council offered Mr X an amount of £250 in recognition of the aggravation and distressed caused.
15. In December 2023, the Council made a payment to Mr X for £460.

Comments by Mr X

16. As part of my investigation, I made enquiries with Mr X. Of note, Mrs X confirmed:
• he incurred a higher utility bill of approximately £280.
• He incurred approximately £250 of further expenses as a result of the non-functioning oven.
• In response to my draft, Mr X provided bank statements, demonstrating approximately £560 of food expenses during the period.

Enquiries to the Council

17. As part of my investigation, I made enquiries to the Council. Of note, I asked the Council whether it acknowledges any unremedied injustice in this complaint. In response the Council confirmed:
• it recognises financial hardship caused as a result of failing to address the repairs earlier.
• it would make the further payment of £250 in line with its compensation policy in acknowledgement of any further unremedied injustice.

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Analysis

Did the Council take a proportionate amount of time to repair the appliances?

18. The Council has acknowledged delay in repairing the appliances, Mr X brought the matter to the Council’s attention in early July 2023, and the repairs were not completed until mid-August 2023. This means that Mr X was without a functioning boiler and oven for a period of 46 days. The Council have acknowledged delay in repairing the appliances and here I have made a finding of fault. Delay in repairing the appliances caused an ongoing inconvenience to Mr X, and also meant he incurred additional expenses by increasing his use of alternative utilities and pursuing alternative eating arrangements in the absence of a functioning oven.

Was the Council’s offer of compensation proportionate?

19. When the Council provided its Stage 2 complaint response, it offered Mr X an amount of £250. From the evidence available to me, I can see the Council paid Mr X an amount of £460. This ws calculated in line with its compensation policy at a rate of £10 per day for the 46 days that Mr X was without functioning appliances.
20. Mr X complains that the Council’s offer of compensation does not comprehensively address the matter of inconvenience and additional expenses incurred. When I first made enquiries to Mr X, he said he had incurred additional expenses of approximately £200 in increased utility expenses and a further £250 in additional food expenses not having a functional oven.
21. In response to my draft decision, Mr X provided a copy of bank statements demonstrating a total of approximately £560 in food expenses during the period. I have reviewed the bank statements, and I note that some of the expenses fall outside the period with which would apply to this complaint, or are disproportionate expenses incurred as a result of not having a functioning oven. Further, I also consider that part of this expense Mr X would have naturally incurred himself in having to pay for food during the period if the appliances were functioning. Therefore, it would not be appropriate to recommend the Council pay this full expense.
22. It is my view that the Council’s compensation of £460 does not remedy the injustice of inconvenience and additional expenses incurred and I consider there is scope for a further remedy.

Was there delay in providing the compensation to Mr X?

23. The Council originally made an offer of £250 in August but did not make an financial award to Mr X until December 2023. This represents delay in making the compensation payment to Mr X of approximately four months. The Council has acknowledged delay in providing this remedy payment to Mr X, and here I have made a further finding of fault.
24. Delay in providing the remedy payment to Mr X would have caused financial hardship, and further distress and inconvenience to Mr X, as he awaited the Council’s compensation payment to make whole expenses incurred when it was delayed in repairing his boiler.

The Council’s offer

25. The Council has offered to pay Mr X the £250 originally offered in its Stage 2 complaint response to bring the total compensation award to £710. This award is the maximum amount described within the Council’s policy and I consider it a fair and proportionate offer to remedy injustice described in this complaint.

Service improvement

26. I do not consider there is scope for service improvement recommendations. This is because:
• I do not consider the Council acted with fault when it moved Mr X into the accommodation. A gas safety certificate was provided in June 2023 ahead of Mr X taking occupancy of the property.
• Following the conclusion of Mr X’s complaint, the Council amended its policy to ensure providers of homes as temporary accommodation are required to provide contractor details to address repairs, thereby mitigating dependence on the landlord to facilitate repairs and reducing the time taken to complete repairs.

Agreed action

27. As described in paragraph 25, the Council’s offer to make a further award in line with its Housing Compensation Policy of £250 is fair and proportionate in the circumstances. The Council has agreed to:
1. Make a further payment of £250 to Mr X in acknowledgement of unremedied injustice in this complaint.
28. The Council will complete action point a within one month of the Ombudsman’s final decision. The Council will provide the Ombudsman with evidence is has completed the above action.

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Final decision

29. I have concluded my investigation having made a finding of fault. There was delay in repairing the appliances and the Council has offered to make a further remedy payment to Mr X in line with its Housing Compensation Policy. The Council’s offer is fair and proportionate.

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Investigator's decision on behalf of the Ombudsman