The Ombudsman's final decision
Summary: Ms X complains that the Council placed her in unsuitable accommodation in March 2022 and has not addressed her concerns. The Council is at fault for not informing Ms X of her right to request a review of the suitability of her current accommodation. But this did not cause significant injustice to her. We will not investigate further if the accommodation was suitable as Ms X had the right to seek a review.
The complaint
Ms X complained the Council failed to take action about the unsuitable conditions of the temporary accommodation she has lived in since March 2022. Ms X says the accommodation is not safe and is affecting her mental wellbeing and her daughter’s health.
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) 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 spoke to Ms X about her complaint and considered the information she provided. I made enquiries of the Council and considered the documents it provided.
Ms X and the Council had the opportunity to comment on my draft decision. I considered all comments received before making a final decision.
What I found
Legislation and guidance 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.
If a council has ‘reason to believe’ someone may be homeless or threatened with homelessness, it must take a homelessness application and make inquiries. The threshold for taking an application is low. The person does not have to complete a specific form or approach a particular council department. (Housing Act 1996, section 184 and Homelessness Code of Guidance paragraphs 6.2 and 18.5) A council must secure interim accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188) The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of his or her household. This duty applies to interim accommodation and accommodation provided under the main homelessness duty. (Housing Act 1996, section 206 and (from 3 April 2018) Homelessness Code of Guidance 17.2) Homeless applicants may request a review of the suitability of accommodation offered to the applicant after a homelessness duty has been accepted (and the suitability of accommodation offered under section 200(3) and section 193). Applicants can request a review of the suitability of accommodation whether or not they have accepted the offer.
Councils must complete reviews of the following decisions within eight weeks of the date of the review request: eligibility for assistance not in priority need intentionally homeless suitability of accommodation notice being given of deliberate and unreasonable refusal to cooperate, and the effect of the notice is to bring the relief duty to an end.
These periods can be extended if the applicant agrees in writing. The council must advise applicant of their right to appeal to the county court on a point of law, and of the period in which to appeal. Applicants can also appeal if the Council takes more than the prescribed time to complete the review. (Housing Act 1996, sections 202, 203 and 204) What happened This section sets out the key events in the complaint and is not intended to be a detailed chronology.
The Council accepted it had a duty to accommodate Ms X in November 2019. This complaint relates to temporary accommodation provided by the Council to Ms X and her daughter in March 2022.
In March 2022 the Council wrote to Ms X with details of the temporary accommodation. Ms X accepted the accommodation. The Council confirmed this in writing and sent Ms X information about the temporary accommodation. However, the formal offer sent to Ms X stated the accommodation was interim.
Ms X complained to the Council about the accommodation. Ms X said the accommodation was not a self-contained flat as advertised. She said the heating was not working and affecting her daughter’s health and the accommodation was not secure and could be accessed from a shared balcony. The Council responded to Ms X’s complaint and advised her to contact the housing management company to address her concerns.
In response to our enquiries the Council said Ms X is due to leave this accommodation on 30 October 2022, due to arrears.
Analysis Applicants have a statutory right to request a review of the suitability of accommodation after the authority has accepted the main housing duty. But the Housing Act does not require the authority to notify the applicant of this review right.
The Ombudsman’s view is that it is good practice for the authority to notify applicants of their right to request a review about the suitability of any accommodation offered after it has accepted the main housing duty.
Ms X considers the accommodation she accepted in March 2022 was unsuitable. The formal offer letter sent by the Council said it was interim accommodation and therefore failed to notify Ms X of her right or review about the suitability of the temporary accommodation when she moved into the flat. This was fault. The Council also failed to signpost Ms X to her review rights in its complaint response. This was also fault.
Although I have found fault by the Council, on balance I consider the injustice to Ms X is limited. My reason for saying this is because, Ms X told the Ombudsman that she was aware of her right to request a review of the accommodation. I consider Ms X could have requested a review if she considered the accommodation was not suitable. So, I will not investigate her concerns on the suitability of the temporary accommodation she has occupied for the last six months. However, the Council does have a duty to provide suitable temporary accommodation and should be keeping this under review in Ms X’s case.
Final decision
The Council is at fault for not informing Ms X of her right to request a review of the suitability of her temporary accommodation. But this did not cause significant injustice to her. I have completed my investigation this basis.
Investigator's decision on behalf of the Ombudsman