The Ombudsman's final decision
Summary: Miss X complains the Council has failed to provide her with suitable accommodation. The Ombudsman intends to find fault with the Council for failing to provide suitable temporary accommodation. The Council has agreed pay Miss X a financial remedy until it finds her suitable accommodation.
The complaint
Miss X complains the Council placed her and her family in unsuitable temporary accommodation and has not moved her from there despite upholding that it is unsuitable for her medical needs.
Miss X complains the Council’s actions have worsened her health and she continues to be in a property which exacerbates her health needs.
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 Miss X about the complaint.
I made written enquiries of the Council and considered its response along with relevant law and guidance.
I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
I considered comments from Miss X and the Council on a draft of my decision.
What I found
Relevant Homelessness Law and Guidance Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities (the Code) set out councils’ powers and duties to people who are homeless or threatened with homelessness.
If a council is satisfied an applicant is 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 duty. (Housing Act 1996, section 193) 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 Homelessness Code of Guidance 17.2) What happened Miss X and her children are homeless. The Council owes her the main housing duty. The Council previously housed Miss X and her children in temporary accommodation out of the area. In June 2023, the Council moved Miss X and her children into new temporary accommodation.
Some decisions that councils make about homelessness carry statutory review rights. This means a homeless applicant can ask the Council to look again at its decision and decide if it made the right one. Whether temporary accommodation is suitable is a reviewable decision.
Miss X asked the Council to review the suitability of the accommodation in July 2023.
In November 2023, the Council decided the accommodation was not suitable for Miss X and her children. This means the Council had to find somewhere else for Miss X and her children to live.
As of May 2024, Miss X is still living in the accommodation because the Council has not found her anywhere else.
Analysis Delay reviewing decision Miss X asked the Council for a review of its decision on 3rd July 2023. The Code says that reviews should take no more than 56 days. The Council did not complete its review until 2nd November 2023.
The Code says councils can only take longer than 56 days to issue a review decision if the applicant agrees to an extension in writing. There is no evidence the Council asked Miss X for an extension.
The Council should have decided Miss X’s review by 28th August 2023. It did not do so until 2nd November 2023. This delay of two months is fault.
Miss X also had a right to pursue action in court if the review request is delayed, however, we would not consider it reasonable for someone to exercise this right if they have not been informed of it. As I have not seen evidence the Council told Miss X of this right, I would not consider it reasonable for her to have used it, and therefore I have investigated this part of the complaint.
Given that Miss X is still in the accommodation, I cannot say that Miss X would have moved into suitable accommodation sooner but for the delay. However, the delay caused Miss X avoidable uncertainty at an already difficult time. This is an injustice to Miss X.
Unsuitable accommodation The Council accepts that Miss X is in unsuitable accommodation and has been since 28th August 2023, which is when the Council should have made the decision the property was unsuitable. Miss X needs a property with at least four bedrooms which is without stairs. Such properties are scarce.
The Council’s records show that it has tried to find alternative accommodation for Miss X and her children. She has emergency medical priority on the housing register and can bid for properties with four bedrooms. The Council has also contacted other agencies to ask about available properties.
It is not for lack of trying that the Council has been unable to provide Miss X with suitable accommodation. Nevertheless, the law is clear that the Council has a duty to provide accommodation to homeless applicants which is suitable. It has not done so. This is a service failure.
As a result, Miss X and her children have been in unsuitable accommodation for eight months. This is causing Miss X and her children significant injustice.
There is also no evidence the Council has considered whether it should have completed a referral to explore whether Miss X has eligible care needs or would benefit from an Occupational Therapy (OT) assessment. This could help determine if there are additional aids or adjustments the Council could make to the property for it to become suitable for Miss X and her needs.
Agreed action
To remedy the injustice to Miss X from the faults I have identified, within four weeks of my final decision the Council has agreed to: Apologise to Miss X in writing.
Pay Miss X £1600. This is calculated at £200 a month for eight months, which is in line with our Guidance on Remedies for unsuitable accommodation.
Pay Miss X a further £200 for each month she remains in unsuitable accommodation or the Council discharges its housing duty.
Refer Miss X to Adult Social Care or an Occupational Therapy service for an assessment of her eligible care need or an OT assessment. This should be with a view to explore whether Miss X would benefit from aids or adjustments in the property. And, based on that assessment, consider any recommendations from that for aids or adaptations.
The Council should provide us with evidence it has complied with the above actions.
Final decision
I have completed my investigation. I find fault with the Council for failing to provide suitable temporary accommodation.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman