The Ombudsman's final decision
Summary: There is no evidence of fault by the Council. The Council has said that it has passed on complaints about a dirty sofa and carpet to the temporary accommodation landlord, but it is not able to require the landlord to replace them as they are still fit for purpose. Other repairs to the house have been completed.
The complaint
The complainant, who I shall call Mrs X, complains the Council has not agreed to replace the carpet and sofa in her temporary accommodation. Mrs X says that the dirty carpet and sofa are affecting her health.
Mrs X has also said that the Council has not arranged for a leak in the roof to be repaired, after its inspection in May 2022.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 read the papers put in by Mrs X and discussed the complaint with her.
I considered the Council’s comments about the complaint and any supporting documents it provided.
Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
The Council placed Mrs X in temporary accommodation, a house owned by a private landlord, in January 2020.
Mrs X has complained to the Council about several problems with the house.
Lounge carpet and sofa Mrs X complains the dirty lounge carpet and sofa are affecting her Asthma and she worries that it will harm her recovery after an operation.
The Council has spoken to the private landlord, who is not willing to change the carpet but will remove the sofa if Mrs X wants to replace it with her own.
The Council has visited the property and has said the carpet and sofa are fit for purpose so it cannot make the landlord change them. Mrs X has said the Council made this decision on the basis of wrong information, as officers said she did not own a vacuum cleaner and cleaned the carpet with a brush.
The Council has said it now accepts that Mrs X has a vacuum cleaner. It has said ‘officers will arrange to visit Mrs X to see her vacuum cleaner in operation to see if this appears to be effective in removing dust. The officer will take with them a vacuum cleaner that works well. From this, it will hopefully be possible to establish whether Mrs X's hoover is effective. If not, our recommendation will be that she sources a new one’.
I understand that Mrs X wants a new carpet. The Council has said that at present, it cannot make the landlord replace it because it is dirty. However, officers will revisit so Mrs X can be sure the Council’s decision was made correctly, in light of the misunderstanding about the vacuum cleaner. This seems a sensible way forward to me.
With regard to the sofa, Mrs X can replace this with one of her own if she wishes, so I find no fault on this point. I can find no mention in housing legislation, that temporary accommodation is legally required to provide a sofa, so this is not something the Council can require the landlord to replace.
Mrs X raised a new issue after she put in her complaint to the Ombudsman. She said the gripper spikes were coming through the carpet on the stairs. Mrs X said the landlord visited to repair this, but the fitter told her the carpet should be replaced.
The Council visited and has confirmed the repair to the stair carpet has been completed. The Council has visited and confirmed that Mrs X’s vacuum cleaner was working. The officer explained to Mrs X that to reduce dust they could damp dust the property and use the attachments on the vacuum cleaner. The officer said Mrs X could put a rug in front of the sofa or hire a carpet cleaner but the Council could not make the landlord replace the carpet as it is fit for purpose. I can find no evidence of fault, although I appreciate that Mrs X has said they cleaned the carpet but the stains in front of the sofa are still there.
Roof leak Mrs X reported a water leak in a bedroom. The landlord inspected the property in May 2022 and noted the light fitting was dry and there was no staining on the ceiling. The Council said that roof repairs were carried out in July and October 2022, when the repair was completed.
It is clear there have been several issues with the property, which Mrs X has had to report to the Council. However, it is also clear the repairs have also been carried out, other than replacing the carpet and sofa. So, I can find no fault with regard to the roof leak.
Final decision
I have completed my investigation of the complaint. I have found no evidence of fault so this complaint is not upheld.
Investigator's decision on behalf of the Ombudsman