Ombudsman issues Good Practice Guide for local authorities in relation to unsuitable temporary accommodation

Highlighting that the duty to provide suitable accommodation is immediate, non-deferrable and unqualified, Ombudsman sets out key steps for councils to take to ensure they are compliant with law and guidance

The Local Government and Social Care Ombudsman has issued a Good Practice Guide for local authorities in relation to unsuitable temporary accommodation.

Following recent court decisions in relation to cases where homeless applicants who are owed the main housing duty are occupying temporary accommodation which the council accepts is unsuitable – including Elkundi, R (On the Application Of) v Birmingham City Council [2022] EWCA Civ 601 and R(B) v Redbridge LBC [2019] EWHC 250 (Admin) – in addition to an increase in the number of complaints on the subject, the new Good Practice Guide sets out –

• relevant law and guidance about temporary accommodation;
• the role of the Ombudsman;
• what the Ombudsman expects to see;
• the Ombudsman's approach to complaints – including the difference between maladministration and service failure; and
• how the Ombudsman remedies injustice when he finds fault.

Using case studies from his investigations to illustrate the key learning points for local authorities, the Ombudsman highlights that Elkundi established that the duty to provide suitable accommodation is immediate, non-deferrable and unqualified and that, to be compliant with law and guidance, councils should –

• keep the suitability of temporary accommodation under review, particularly following reports of disrepair or a change in circumstances;
• ensure decisions that a property is suitable are communicated in writing and set out the statutory right to request a review under section 202 of the Housing Act 1996;
• be able to evidence the efforts made to secure suitable alternative accommodation, at both the individual and strategic level;
• consider steps to limit the impact of unsuitable accommodation on households waiting to move;
• ensure any Transfer List or similar is supported by a written policy or procedure;
• make sure Transfer Lists differentiate between situations where the council is in breach of its statutory duty to provide suitable accommodation and those where the council considers a move in the short or medium-term is necessary;
• have regard to the specifics of individual cases and needs when prioritising applicants for a move;
• investigate complaints about delays in providing suitable accommodation and consider both maladministration and service failure; and
• remedy any injustice caused by fault in line with the Ombudsman's guidance.

Ombudsman Paul Najsarek said today –

'Together with a special report we published in March about the Homelessness Reduction Act this guide provides key essential learning for local authorities about their role and duties towards homeless people in temporary accommodation.

This is an important area of our work given the challenges families suffering homelessness face and the increasing use of this type of accommodation by authorities with the difficult job of finding suitable housing for rent.

I would urge housing professionals at all levels to read these free reports and guides to ensure the services they provide to people who are either homeless, or at risk of homelessness, meet their duties under the law and guidance.'

For more information, see Ombudsman issues guide on temporary accommodation for homeless people from lgo.org.uk