Ombudsman issues “good practice” guide on temporary accommodation for homeless people

The guide follows recent court decisions on the subject and an increase in the number of complaints the Ombudsman has received.

It also sets out:

• relevant law and guidance about temporary accommodation
• the role of the Ombudsman
• what the Ombudsman expects to see
• the organisation’s approach to complaints – including the difference between maladministration and service failure
• kow the Ombudsman remedies injustice when it finds fault
• key steps local housing authorities need to take to ensure their service is compliant with both the law and guidance.

Cases covered in the guide include those where the suitability of the temporary accommodation “has not been kept under review, despite the family’s change in circumstances”, said the Ombudsman.

In one case, a survivor of domestic abuse was placed in temporary accommodation with disrepair issues. The Ombudsman said: “The council decided it was ‘fit for purpose’ but did not tell the survivor of her statutory right to have the council’s decision reviewed.”

In another case, the family of a child at risk of sexual exploitation was placed in accommodation but the council “did not consider what security measures were needed at that accommodation to ensure the family were protected”.

The guide concludes by stating that the duty to provide suitable accommodation to households owed the main housing duty is “immediate, non-deferrable, and unqualified”.

Paul Najsarek, Local Government and Social Care Ombudsman, said: “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.”

Lottie Winson