Council left family in B&B accommodation for a year more than maximum allowed period: Ombudsman
Birmingham City Council placed a family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments, the Local Government & Social Care Ombudsman (LGSCO) has found.
Following the Ombudsman’s investigation, the council has agreed to make a payment to the resident to remedy his family’s injustice. It has also agreed to make service improvements.
The family was placed in bed and breakfast (B&B) accommodation by Birmingham after presenting as homeless in March 2023.
A charity requested a review of the accommodation's suitability, citing the length of their time there, the lack of space for a wheelchair-user and difficulty access to a shared kitchen.
The council accepted the unsuitability but failed to relocate the family by June despite a formal complaint.
Birmingham apologised and offered a redress payment of £2,300 for 23 weeks of excess stay between 3 May and 11 October.
A direct offer of a three-bedroom house was made to the resident, who accepted the offer despite concerns about its size and location. However, he was unable to move into the house until 26 April due to significant repairs, leaving the family living in B&B accommodation.
The Ombudsman found fault in the length of time the family were left in the B&B accommodation, saying Birmingham had breached its duties under the Housing Act 1996.
Additionally, the council failed to inform the resident the maximum stay in their accommodation was six weeks, after which it had a duty to secure alternative, suitable accommodation. This was also fault.
The LGSCO found that the family’s stay in B&B accommodation would have caused them inconvenience and distress. The Ombudsman also considered the council’s offer to make a weekly payment of £100 was too low.
However, the Ombudsman found that the accommodation had suitable kitchen facilities available and that the family had not incurred unnecessary expense on food because of the type of accommodation provided.
The LGSCO was also satisfied that the accommodation offered to the family in January was suitable at the time and the required repairs should not have prevented the family from moving in.
The council’s decision to cancel any charges for the B&B accommodation between 15 January 2024 and 26 April 2024, when the family moved into the house, was appropriate.
The Ombudsman decided that increasing the payment, from the already offered £100, to £150 for each week between 27 April 2023 and 26 April 2024 was appropriate.
Birmingham has therefore agreed to make a payment to the resident of £7,800, minus any payments already made. It will make this payment within four weeks.
Additionally, the council has agreed, within eight weeks, to amend its letter template to ensure that when applicants with dependent children are placed in B&B accommodation under the interim or main housing duty, they are informed that the Homelessness Code of Guidance states that this should be limited to no more than six weeks.
Finally, the council updated its ‘B&B elimination plan’ which details the actions it is taking to reduce the time families are staying in B&B accommodation. The LGSCO said it would continue to monitor this plan.
A spokesperson for Birmingham said: "We apologise to Mr B for any distress caused. We have agreed to pay appropriate compensation along with other actions set out by the Ombudsman.
“There is a national housing crisis, meaning the demand for accommodation in Birmingham has never been higher. This severely restricts what options we can offer to people in need, and we know many people across the city are in difficult situations and facing a long wait for a home, but we are always working to reduce the number of households needing temporary accommodation and the length of time it is needed.”
Harry Rodd
