For a lot of homelessness practitioners unsuitable accommodation, especially where the Local Authority has breached the “6 week in a B’n’B” rule for family’s (A bit more legal detail and sample pre-action) is a common occurrence (unfortunately more so in West / Central London).
While generally it is swiftly dealt with a gentle call to the local Authority’s housing team (of the three near to me all are familiar with us on a first name basis due to the frequency of this) this generally solves the issue. Sometimes however a pre-action is required (as above), though generally the matter is resolved with a little delay. This however results in added costs (storage, travel etc.) to the client, who 9/10 cannot afford extra expenses. A remedy that can be sought is through a complaint to the Authority and Local Government Ombudsman.
While Croydon have been reprimanded in the past for this (complaint no 11 005 774 against Croydon, 12 December 2012), as well as Hounslow Council, Ealing Council has been under fire by the LGO resulting in compensation of almost £4000 between the two complaints.
How to make a complaint
The two mentioned cases above from Ealing Council had resulted in families overstaying for 7 – 10 months in unsuitable accommodation, so the LGO will not be a route for all cases of unsuitable accommodation. However if you wish to pursue a complaint the LGO make it very easy. There is a guide for advisers and guide to making a complaint online.
Other Avenues
Without getting too pro-Authority it is understandable with the current rent market why it is difficult in sourcing properties for temporary accommodation, generally we also advise:
- Approach your Housing officer for help with storage or other costs. Some Authorities have access to storage facilities (as sometime required under s211) and may be able to help with costs under their welfare fund.
- Find a property yourself and apply for Discretionary Housing Benefit for help with deposit and / or rent advance. This enables the client to pick location and condition of property which may not always be the case if the Local Authority provides a property.
If you have experience with complaints to LGO and / or tips for client’s in the said scenario please let us know below.
I am disabled in a wheelchair and I have had bad experiences with the Local Government and Social Care Ombudsman and the Housing Ombudsman Service. They are both a waste of time to help resolve your complaints they take sides with the landlord.