The Ombudsman's final decision
Summary: Ms X complained she has been living in unsuitable accommodation with her child for around nine months and it is affecting their health. We find the Council at fault. We recommend the Council apologise to Ms X, take steps to address issues with her current property, and make a symbolic payment.
The complaint
Ms X complains the Council has not moved her and her child to different temporary accommodation after a review in September 2023 found her current property unsuitable. As a result, Ms X and her child, who has Autism, remain in unsuitable temporary accommodation which negatively affects their health. Ms X would like the Council to find suitable accommodation.
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 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) 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 with Ms X about her complaint.
I made written enquiries of the Council and considered its response along with relevant law and guidance.
Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final 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 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 their household. This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2) Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters: the distance of the accommodation from the “home” district; the significance of any disruption to the education of members of the applicant’s household; and the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)
Background
Ms X is homeless. The Council has accepted it owes her the main housing duty. In May 2023 the Council provided her with 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.
Ms X asked the Council to review the suitability of the accommodation in July 2023.
In September 2023, the Council decided the accommodation was not suitable for Ms X and her child. This means the Council had to find somewhere else for them to live.
As of June 2024, Ms X is still living in the accommodation the Council agreed was not suitable for her because it has not found her anywhere else.
The Council says it has tried to find alternative accommodation for Ms X and her child. The Council contacts housing providers regularly to ask about available properties. It also works with organisations who identify available social housing and utilises its housing stock for temporary accommodation.
The Council has not been able to identify properties which meet Ms X’s need, due to housing shortages. It has asked her to consider private rented accommodation, however Ms X says the properties sent to her are either in the wrong area or are too expensive.
Analysis The Council accepts Ms X is in unsuitable accommodation and has been since September 2023. This is fault. As a result, Ms X has been living in a property that is unsuitable for her son’s medical needs. This is injustice. The Council says there is currently a significant shortage of accommodation available, and there is a long waiting list. However, that does not change the Council’s duty to ensure Ms X is placed in accommodation that is suitable for the needs of her household.
It is not for lack of trying that the Council has been unable to provide Ms X with suitable accommodation. However, 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 fault.
As a result, Ms X and her child have been in unsuitable accommodation for almost 9 months. Ms X says this has caused her and her son significant issues and has impacted their health. An occupational therapist has highlighted a number of risks with the current property and recommended actions that can be taken. The unsuitable accommodation is causing Ms X and her child distress and significant injustice.
Agreed action
To remedy the injustice to Ms X from the faults I have identified, the Council has agreed to:
Within one month
Apologise to Ms X in writing.
Pay Ms X £1,350 (£150 a month for 9 months) to acknowledge the distress caused by living in unsuitable accommodation from September 2023 to June 2024.
Pay Ms X £150 for each month, starting from July 2024, until the Council adheres to its duty to provide suitable accommodation. This is to acknowledge the ongoing injustice this is causing the family.
Liaise with Ms X and her children’s care and support teams to identify if any aids and adaptations can be provided at the property in the interim.
The Council should provide us with evidence it has complied with the above actions.
Final decision
I find the Council at fault for not securing suitable accommodation for Ms X and her child. The Council has accepted my recommendations and I have completed my investigation.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman