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Futures Housing Group Limited (202424095)

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REPORT

COMPLAINT 202424095

Futures Housing Group Limited

4 September 2025

 

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration,’ for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about the landlord’s:
    1. Handling of the resident’s reports of antisocial behaviour (ASB).
    2. Complaint handling.

Background

  1. The resident is an assured tenant of a 3-bedroom house where she lives with her 2 children. The landlord, a housing association, owns the property is aware of the resident’s health vulnerabilities.
  2. On 24 June 2024 the resident complained to the landlord. She said it was not doing enough to resolve her reports of noise and aggressive behaviour by a neighbour. The resident also said the ASB had affected the mental health of all household members.
  3. The landlord acknowledged the resident’s complaint on 24 June 2024. And sent its stage 1 response on 10 July 2024. The landlord said it had tried unsuccessfully to contact her. As such, it had insufficient evidence to investigate her complaint. It said it had an open ASB case against her neighbour which it would monitor. However, it did not uphold the resident’s complaint.
  4. The resident approached us for guidance. We advised her to escalate her complaint, which she did on 15 July 2024. The resident repeated her dissatisfaction with the landlord’s handling of her ASB reports over 5 years. And she said the landlord had completely ignored her reports throughout 2023. The resident further described how her mental health had deteriorated and her children were scared to go outside.
  5. The landlord acknowledged the resident’s request on 16 July 2024. And it spoke to her on 9 August 2024 to agree an extension date for its stage 2 response.
  6. The landlord sent its stage 2 response on 3 September 2024. It summarised the steps it had taken to address her recent ASB reports. And it remained satisfied with its communication with her. The landlord did not uphold the resident’s complaint and directed her to the local council for an independent ASB case review.
  7. The resident remained unhappy with the landlord’s response and brought the complaint to us. She sought our help to ensure the landlord took steps to stop the ASB.
  8. In June 2025 the landlord reviewed the resident’s case. It identified service failures with its response to her ASB reports and its complaint handling. The landlord offered the resident £750 compensation. £500 for how it handled her reports of ASB. And £250 for its complaint handling failures.

Assessment and findings

Scope of investigation

  1. In contact with us and the landlord, the resident said the ASB incidents caused anxiety and affected the mental health of all members of the household.
  2. We are unable to say what caused an illness or injury. Such matters require a decision by a court or through an insurance claim. The resident may wish to seek independent legal advice if she wants to pursue a claim for damages.

Handling of the resident’s reports of antisocial behaviour (ASB)

  1. Our role is not to decide if the actions of the alleged perpetrator amounted to ASB. We will consider if the landlord dealt with the resident’s reports in accordance with its ASB policy and procedures, and in a manner that was reasonable overall.
  2. The landlord’s ASB policy adopts the Crime and Policing Act 2014 definition of ASB. In which, it states that it is conduct which:
    1. Has caused, or is likely to cause, harassment, alarm or distress to any person.
    2. Is capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises.
    3. Is capable of causing housing-related nuisance or annoyance to any person.
  3. The landlords ASB policy adopts these definitions to determine behaviours considered a breach of a resident’s tenancy conditions.
  4. The landlord’s ASB policy includes that it will:
    1. Complete risk assessments to assess the impact of ASB on the resident and whether they are vulnerable and have support needs.
    2. Agree action plans with residents, including the frequency and method of contact.
    3. Consider the possible vulnerabilities of both the victim and perpetrators of ASB, deciding the intervention actions appropriate to the case.
    4. Take the necessary support action, where the prime responsibility to lead an investigation lies with another service, such as the police.
    5. Make it easy for residents to access help and to make reports of ASB.
  5. The evidence shows the resident reported ASB caused by a neighbour from as early as 2019. This continued throughout 2021 and 2022. However, we also note the neighbour made counter allegations which resulted in the landlord issuing the resident with a warning letter in 2022. This action was consistent with the landlord’s ASB policy.
  6. We note the resident considered the landlord’s enforcement action unfair. And she also wanted to know what action it took against the neighbour. While we recognise how a warning letter might be upsetting, without consent, the landlord is unable to disclose third party information to the resident. Therefore, the landlord acted appropriately by treating the resident’s and the neighbour’s cases separately. This was appropriate and demonstrated the landlord’s efforts to manage the expectations of both parties, whilst respecting confidentiality.
  7. In 2022 the landlord arranged mediation for the resident and the neighbour. It also consulted with the police. However, we have been unable to identify any risk assessments or action plans for the reports at this time. While mediation demonstrates the landlord acted on the resident’s concerns, it has not demonstrated effective use of the processes within its ASB policy.
  8. Throughout 2023 the resident reported at least 3 ASB incidents to the landlord. We have been unable to identify any action taken by the landlord to respond to the resident’s reports until February 2024. The landlord’s inaction caused the resident time, trouble, distress, and inconvenience raising matters to the police. This did nothing for the landlord and resident relationship. Nor demonstrate how the landlord made things easy for the resident to access help for ASB. This was not consistent with its ASB policy.
  9. In early 2024 the landlord demonstrated improved application of its ASB policy. There is evidence it responded to, met with, and created an action plan with the resident. This included completion of a risk assessment. However, having assessed the case and resident’s vulnerabilities as ‘high risk,’ it is unclear why the landlord did not identify additional support for the resident. This was not consistent with the landlord’s ASB policy. However, we acknowledge the landlord did, at a later date, raise the resident’s case at a multi-agency meeting.
  10. The landlord did not uphold the resident’s complaint at stage 1 or 2 of its complaints process. Given the evidence throughout 2023 and the gaps during 2024, it is unclear how the landlord reached this conclusion. The evidence shows the landlord failed to appropriately apply its ASB policy over an extended period of time. It also failed to communicate or respond to her. Therefore, the landlord should have identified these failings and demonstrated learning to prevent similar happening again.
  11. Following our contact with the landlord, it reviewed its handling of the resident’s ASB reports in June 2025. This was approximately 9 months after its final response. The landlord’s investigation identified it could have done more to support the resident with her reports of ASB. It also described how it had learned from her case. This included a review, and changes to its ASB process, and staff training. The landlord apologised and offered the resident £500 compensation. This demonstrated the landlord’s efforts to put things right.
  12. We encourage landlords to revisit complaints. However, we have to consider its apology and offer of compensation came approximately 9 months after its stage 2 response. And only after the resident sought our help.
  13. While we find the landlord’s financial offer proportionate and in line with our remedies guide, it had opportunity to do this within its original complaints process. Therefore, in such circumstances, our outcome guidance is clear that a finding of reasonable redress cannot be determined.
  14. Based on our findings we find maladministration. We order the landlord to pay its offer of £500 compensation, if not already paid.

Complaint handling

  1. The Ombudsman’s Complaint Handling Code (the Code) 1 April 2024 requires landlords to acknowledge a complaint or escalation request within 5 working days. Landlords must issue a stage 1 response within 10 working days of acknowledging the complaint. They must also issue a stage 2 final response within 20 working days of an escalation acknowledgement. The landlord acknowledges these expectations within its complaints policy.
  2. The landlord sent its stage 1 and 2 acknowledgements and responses on time. It also correctly agreed an extension date with the resident at stage 2. This was consistent with the Code.
  3. However, the landlord failed to demonstrate any meaningful investigation or communication at stage 1 of its complaints process. The landlord chose to close the resident’s complaint having not made successful contact with her. It is unclear why the landlord did not demonstrate more than one attempt to communicate with the resident. Nor did it attempt multiple communication methods after the initial telephone call was unsuccessful. By closing the resident’s complaint, the landlord missed an opportunity to resolve the resident’s concerns.
  4. The landlord revisited its handling of the resident’s complaint in June 2025. The landlord accepts it did not demonstrate effective communication or a thorough investigation. As such, it failed to address all of the resident’s concerns. The landlord also recognised it did not offer the resident an appropriate remedy to recognise these service failures.
  5. In June 2025 the landlord offered the resident £250 for the poor handling of her original complaint. While this sum is consistent with our remedies guide, the landlord made the offer 9 months after its stage 2 response. As explained earlier in this report, in such circumstances, our outcome guidance is clear that a finding of reasonable redress cannot be determined.
  6. Therefore, based on our findings, we find maladministration. We order the landlord to pay the resident its offer of £250, if not already paid.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration with the landlord’s handling of the resident’s reports of antisocial behaviour (ASB).
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration with the landlord’s handling of the resident’s complaint.

Orders and recommendations

Orders

  1. We order the landlord to take the following action within 4 working weeks of the date of this report. The landlord must provide the Ombudsman with evidence that it has complied with these orders:
    1. Pay the resident a total of £750 compensation. This is made up of:
      1. £500 for the distress and inconvenience caused by the landlord’s handling of the resident’s reports of ASB. The landlord may deduct the sum of £500 offered to the resident on 4 June 2025, if already paid.
      2. £250 for the distress, inconvenience, time, and trouble caused by the landlord’s complaint handling. The landlord may deduct the sum of £250 offered to the resident on 4 June 2025, if already paid.

Recommendations

  1. We recommend the landlord contacts the resident to assess the current ASB position.