for the length of time it left Ms X in unsuitable temporary accommodation and for delaying in responding to her complaint. As a result, Ms X had to live in accommodation which was not suitable for her household. The Council agreed to apologise to Ms X and make a payment to acknowledge the time she spent in unsuitable accommodation.
The complaint
Ms X complains about the length of time the Council took to move her from unsuitable temporary 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 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
As part of this investigation, I considered the information provided by Ms X and the Council. I discussed the complaint over the telephone with Ms X. I made enquiries with the Council and considered the information received in response.
I sent a draft of this decision to Ms X and the Council for comments.
What I found
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 (unless it refers the application to another housing authority under section 198). This is known as the full housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39) 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) What happened The Council provided Ms X with a two bedroom property on the third floor of a building, following her approach for homelessness assistance in July 2019. In December 2019 the Council decided it owed Ms X the full housing duty.
Ms X asked for a review of the suitability of her accommodation in December 2020. Ms X argued the property was too small for her and her two children, one of which was a baby. Ms X said she could not manage to carry a pram up and down the stairs and there was no lift facility. She also mentioned issues with the condition of the property.
The Council provided its review decision in February 2021. The Council decided the property was suitable for Ms X. The review officer considered the size of the property, location, family support, repair issues and the housing needs in the area.
Ms X continued to argue her property was unsuitable on the basis she could not manage the stairs. On 31 August 2021, the Council carried out a further suitability assessment of the property. The Council decided the property was unsuitable for Ms X and that she required temporary accommodation in the greater London area. This was on the basis Ms X was overcrowded, lived on the third floor and was in the later stages of pregnancy and needed assistance to carry her pushchair and child up the stairs to access the property.
Throughout September, October and November 2021, Ms X continued to chase the Council for updates about moving out of her accommodation. Ms X also raised issues about the condition of the property. The Council told Ms X she was on the list to be moved from unsuitable temporary accommodation but this could take some time.
On 20 December 2021, Ms X made a formal complaint to the Council. Ms X asked the Council to urgently transfer her to suitable accommodation as she was living with a teenage child, 14 month old and new born baby. Ms X said she could not get out of her property as she could not manage the stairs.
On 31 December 2021, the Council provided its stage one complaint response. The Council said there was a shortage of properties available but it was speaking with her accommodation provider to see if a three bedroom property was available.
On 13 January 2022, Ms X asked the Council to progress her complaint further. Ms X said she was still in the same situation and was meant to be contacted by a housing allocations officer from the Council but had not been.
In the meantime, Ms X continued to telephone the Council to report issues of repair and asked it to move her into suitable accommodation.
The Council provided its final complaint response to Ms X on 19 May 2022. The Council apologised for the time taken to move Ms X into a suitable property. The Council told Ms X it had a suitable property on reserve for Ms X and an allocation officer would be in touch to offer it to Ms X.
Following its final complaint response, the Council offered Ms X a three bedroom flat.
Analysis The Council was at fault for not moving Ms X out of unsuitable accommodation sooner. The Council decided Ms X’s property was unsuitable at the end of August 2021, however it took until May 2022 to move Ms X.
While I empathise with the Council’s position that it has limited housing available, it accepted Ms X’s temporary accommodation was unsuitable in August 2021. Therefore, it had a statutory duty to move her to suitable accommodation. From the evidence provided it is unclear what steps the Council took between August 2021 and May 2022 to move Ms X into alternative suitable accommodation.
As I have found fault I need to consider what injustice this caused Ms X. The obvious injustice was Ms X remained in a property which was unsuitable for her. During this time there were records showing Ms X contacted the Council about the condition of this property. In addition, there were records showing Ms X contacted the Council to explain the difficulties she had getting out of the property due to the flights of stairs and having two babies. Ms X explained she had a caesarean section when giving birth to her child in late 2021. As a result, she was bedbound for a time in a property which had repair issues. She was also unable to leave the property as she could not lift her double pram down the stairs.
Where someone has remined in unsuitable accommodation, our guidance on remedies recommends a financial payment of between £150 and £350 per month. Given the difficulties Ms X faced in the property I am inclined to recommend a payment of £300. The Council decided Ms X’s property was unsuitable on 31 August 2021. I consider it would be reasonable to have given the Council some time to look for suitable accommodation for Ms X, therefore I will start the financial payment from October 2021.
The Council was also at fault for delays in complaint handling. The Council’s complaints policy says at stage two it could take up to 30 working days to receive a response. In Ms X’s case the Council took 76 working days to provide the stage two response. As a result, Ms X had to wait longer to conclude the complaints procedure and bring her complaint to the Ombudsman.
Agreed action
Within one month of my final decision the Council agreed to carry out the following and provide evidence to the Ombudsman it has done so.
Apologise to Ms X for the time taken to move her from unsuitable accommodation and for the delays in providing the stage two response.
Pay Ms X £2,100 for the time she was in unsuitable temporary accommodation. I have calculated this from October 2021 to May 2022 at £300 per month.
Consider why it took so long to provide Ms X a stage two complaint response in this case and identify what steps the Council will take to improve complaint handling.
Final decision
I have completed my investigation and found the Council was at fault for the length of time it left Ms X in unsuitable temporary accommodation and for delaying in responding to her complaint. As a result, Ms X had to live in accommodation which was not suitable for her household. The Council has agreed to the above actions to remedy the injustice caused.
Parts of the complaint that I did not investigate I have not investigated any concerns Ms X may have with her current accommodation. This is because she has review rights she could exercise to challenge the suitability.
Investigator's decision on behalf of the Ombudsman