The Ombudsman's final decision
Summary: Miss F complained the Council failed to ensure her temporary accommodation was suitable prior to a move in date. I have ended my investigation as Miss F had a statutory right to request a review of the suitability of the accommodation.
The complaint
Miss F complained the Council failed to ensure her temporary accommodation was suitable prior to a move in date. This meant she was unable to move into the property on time as it was unsafe, but she says she was still charged rent and council tax and was still expected to move into the property despite the issues to avoid becoming intentionally homeless. This in turn caused her significant distress and inconvenience.
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) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide it would have been reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I spoke to Miss F about her complaint and considered the information she and the Council sent.
Miss F 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 law and guidance Temporary accommodation If a council is satisfied someone is eligible, homeless, in priority need, and unintentionally homeless it will owe them the main housing duty. Usually a council will then arrange temporary accommodation for the person until it makes a suitable offer of social housing or privately rented accommodation. (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 accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2) Suitability of accommodation and reviews 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. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2) The council must therefore consider if the accommodation is: affordable in good enough condition available in a suitable location the right size suitable for any health issues or disabilities.
Anyone who believes their temporary accommodation is unsuitable can ask the council to review the accommodation’s suitability within 21 days of the Council accepting the main housing duty. (Housing Act 1996, section 202) A review about the suitability of accommodation must be completed within eight weeks of the review request. (The Homelessness (Review Procedure etc.) Regulations 2018, Homelessness Code of Guidance Chapter 19) If the council’s review decides the accommodation is unsuitable, the council must provide suitable accommodation. (Housing Act 1996, section 204) The person has a right to appeal the Council’s review decision to the county court on a point of law. (Housing Act 1996, section 204) We expect people to use their review and appeal rights and therefore we usually do not investigate when someone has these rights. However, we may exercise discretion to investigate in exceptional cases. For instance, where the Council has failed to inform someone of their right to seek a review.
What happened Miss F was living in temporary accommodation. In June 2023 she was offered new temporary accommodation (Flat X). Miss F visited the flat with the Council and on 22 June 2023 the Council issued a letter offering the accommodation. The letter says that Miss F had a right to request a review of its suitability.
Miss F had concerns about the flat, in particular in relation to a leak and the gas supply. She therefore remained in her existing property until 3 September 2023.
In November 2023, Miss F asked her solicitor to write to the Council as she had rent arrears and council tax arrears in relation to Flat X. She asked the Council to start her liability for rent and council tax from the date she moved in, rather than the offer date.
The Council responded on 22 November 2023 that it was satisfied that the property was habitable at the point of signing up. The statutory checks had been made and Miss F could have contacted the gas company and been available for the turn on and test appointment to enable her to move in on the date her tenancy commenced, 27th June 2023. Miss F came to the Ombudsman.
My findings
We contacted the Council who confirmed Miss F had been owed the full housing duty and provided evidence of its letter offering Flat X to Miss F. This letter advised Miss F of her right to request a review of the suitability of Flat X.
The Ombudsman expects people to use these review rights and would generally not investigate complaints about the suitability of temporary accommodation where there is the option to request a review with the Council.
I consider it would have been reasonable for Miss F to have exercised her review rights. I have therefore ended my investigation.
Final decision
I have discontinued my investigation as Miss F had the right to request a review of the suitability of the accommodation the Council has provided to her.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman