The Ombudsman's final decision
Summary: There was no fault in the way the Council dealt with Miss B’s concerns about her temporary accommodation.
The complaint
Miss X, who works for a national charity, is complaining on behalf of Miss B. She complains about the length of time Miss B has been living in temporary accommodation. She says that Miss B does not feel safe in the property and the landlord has failed to carry out necessary repairs.
Miss X says that these failings have caused Miss B significant distress.
What I have investigated I have investigated Miss X’s complaints about matters which have been through the Council’s complaints procedure, and which relate to matters which Miss B became aware of in the 12 months before she complained to the Ombudsman. The last section of this statement explains why I have not investigated other aspects of Miss X’s complaint.
The Ombudsman’s role and powers
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) 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 a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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)
How I considered this complaint
I have: considered the complaint and the documents provided by Miss X; considered the comments and documents the Council has provided; and the Council and the complainant were given the opportunity to comment on my draft decision. I considered the comments received before making my final decision.
What I found
Background and summary of key events Miss B approached the Council for assistance when she was homeless in 2014. The Council placed Miss B and her children in temporary accommodation. It is a private sector rented house with three bedrooms.
Miss B applied to join the Council’s housing register in October 2017. The Council initially decided that Miss B did not qualify to join the register due to rent arrears, but the decision was overturned following a review. The Council told Miss B in December 2017 that she should submit a new housing application.
Miss B submitted a new housing application in May 2020. The application was assessed in July 2020 and Miss B was awarded Band 2 priority due to homelessness.
In April 2022, Miss X complained to the Council about the length of time Miss B had been living in temporary accommodation and the lack of assistance securing permanent accommodation. She said that Miss B had contacted the police after being threatened at her accommodation and no longer felt safe there. Miss X also complained about disrepair.
In the Council’s response, it said that if Miss B did not feel safe in her accommodation, she should contact its temporary accommodation team and it would review any police evidence and arrange alternative temporary accommodation, if appropriate. It explained that as the accommodation was not owned by the Council, Miss B would need to contact the landlord about the disrepair. The Council said that Miss B was not regularly bidding for properties and should do so twice during each weekly bidding cycle.
Miss B does not consider she has received enough support to move on from the temporary accommodation into permanent accommodation.
In June 2022, the Council referred Miss B to a charity which provides support with housing.
Analysis The Council has correctly referred Miss B to her landlord to deal with disrepair in the property. The evidence I have seen suggests the disrepair is minor. If this is not the case, and Miss B considers the accommodation is no longer suitable because of any outstanding disrepair, she should inform the Council. The Council must offer alternative temporary accommodation if it considers her current accommodation has become unsuitable.
The Council has told Miss B that if she feels unsafe in the accommodation, she should provide any police evidence to its temporary accommodation team so it can consider whether to provide alternative accommodation. There is no evidence in the Council’s records to show that Miss B has done so.
The Council has provided Miss B with information about bidding for social housing. Applicants can bid twice during each weekly bidding cycle, but Miss B has only bid on 16 houses since she joined the housing register in July 2020. The Council has advised Miss B that there is a shortage of houses and to look at other options such as maisonettes. It has also advised Miss B to widen her areas of choice.
The Council has also advised Miss B that she should consider looking for suitable private sector rented accommodation and it has made a referral to its Accommodation Finding Team. It has explained that Miss B may be able to get help with the rent and deposit.
I am satisfied that the Council has provided Miss B with appropriate information and advice about how to move to alternative accommodation. I do not consider Miss B is living in unsuitable accommodation as a result of any fault by the Council.
Final decision
The Council is not at fault in the way it has dealt with concerns about Miss B’s temporary accommodation.
Parts of the complaint that I did not investigate As explained in paragraph five, we will not usually consider complaints about matters that a complainant has been aware of for more than 12 months. Miss X first contacted us about Miss B’s complaint in February 2022. I have not investigated Miss X’s complaints about the Council’s actions prior to February 2021 because I consider it would have been reasonable for Miss B to complain to us sooner.
I have also not investigated any matters which have not been through the Council’s complaints procedure, such as Miss B’s complaint that the landlord has not properly dealt with a rodent infestation in the property.
Investigator's decision on behalf of the Ombudsman