Clarion Housing Association Limited (202404262)

Decision
Case ID	202404262
Decision type	Investigation
Landlord	Clarion Housing Association Limited
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	29 May 2026

Background

On 10 November 2023, the resident reported a defective window to the landlord. It carried out several temporary repairs while waiting on parts before completing the repair in May 2024.

What the complaint is about

The complaint is about the landlord’s handling of the resident’s reports of a defective window.
We have also investigated the landlord’s complaint handling.

Our decision (determination)

There was maladministration in the landlord’s handling of the resident’s reports of a defective window.
There was reasonable redress in the landlord’s complaint handling.

We have made orders for the landlord to put things right.

Summary of reasons

The handling of the defective windows

The landlord repeatedly missed dates when it said it would complete the repair. Overall, the timeframe to complete the repair was excessive and significantly exceeded the timeframes in its repairs policy. Its communication with the resident throughout the process was poor.

The handling of the complaint

There were delays in acknowledging the resident’s complaint and escalation request, however, the landlord apologised and offered a reasonable amount of compensation.

Putting things right

Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Order	What the landlord must do	Due date
1	Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: the apology is provided by a senior manager the apology is specific to the failures identified in this decision, meaningful and empathetic it has due regard to our apologies guidance	No later than 26 June 2026
2	Compensation order The landlord must pay the resident £500 to recognise the distress, inconvenience, time and trouble caused by its handling of the resident’s reports of a defective window. This sum includes the landlord’s original offer of £250. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid.	No later than 26 June 2026
3	The landlord must contact the resident to arrange an inspection of the window. It must take all reasonable steps to ensure it completes the inspection by the due date. A suitably qualified person must complete the inspection. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. Following this, it must give the resident and us a clear update in writing on what repairs it will do, if they are needed. This must include clear timeframes on when it will complete any work.	No later than 26 June 2026

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our recommendations
If the landlord has not already done so, it should pay the resident the £100 compensation it awarded for the delays associated with its complaint handling as this was the reason for our finding of reasonable redress.

Our investigation

The complaint procedure

Date	What happened
16 January 2024	The resident complained to the landlord. She said she had reported a defective window on 10 November 2023. She advised an operative had attended in December 2023 and told her the window needed a new part. The operative confirmed they would order the part and she would hear back within 2 weeks. She advised the repair remained outstanding. She said she had called the landlord 6-7 times but it had not responded. She stated that the ongoing delay was unacceptable and that she wanted the repairs to the window completed urgently.
29 February 2024	The landlord provided its stage 1 complaint response. It acknowledged and apologised for the delay in conducting the repairs to the window and for the delayed complaint response. It said it had been difficult to locate the spare parts due to staff sick leave. It confirmed that it would complete the repairs on 7 March 2024. It offered £150 compensation.
10 March 2024	The resident escalated her complaint. She said that an operative had attended and told her that the incorrect parts had been ordered. She confirmed the operative had conducted a temporary repair and told her the new parts would be available in May. She advised that the temporary repair had made it difficult to open and close the window. She said she had already waited over 3 months to have the window fixed and did not want to have to wait until May for the landlord to finish the repair. She confirmed she expected further compensation to cover the ongoing delays.
18 April 2024	The landlord provided its stage 2 response. It acknowledged the resident had first reported the issues with the window on 10 November 2023. It said it had conducted several visits to repair the window but had difficulty obtaining the parts and had to undertake temporary repairs. It acknowledged that it had not completed the full repair it said it would in the stage 1 response. It advised it had raised an order to complete the work on 25 April 2024. It awarded a further £200 compensation
Referral to the Ombudsman	The resident told us that the operative had not properly repaired the window in May 2024. She advised this meant she could not fully open or close the window. She said she wanted the landlord to repair the window with the correct fixtures and fittings so that she could use the window as expected.

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

Complaint	The handling of the window
Finding	Maladministration

What we have not looked at

In accordance with our remit, we focused on the landlord’s response to the resident’s current complaint. This is reflected in the timeline above. Unless otherwise stated, any issues (that were raised after the landlord repaired the window on 18 May 2024, which it committed to in its stage 2 response) are beyond the scope of this assessment. This is because, in general, landlord’s need to be given a fair opportunity to investigate and resolve any issues prior to our involvement. If the resident remains dissatisfied with the landlord’s actions, and any impact these have had on her, she has the option to make a new complaint. She may then refer any such complaint to us for a separate investigation if she is unhappy with the landlord’s final response.
The resident told us this situation had a detrimental impact on her health and wellbeing. It would be fairer, more reasonable, and more effective for the resident to make a personal injury claim for any injury caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We have not investigated this any further under any of the complaint grounds. We can decide if a landlord should pay compensation for distress and inconvenience.

What we have looked at

On 10 November 2023, the resident told the landlord that her window was hanging on with one hinge. The landlord raised this as an emergency repair and attended the same day but was unable to gain access. The landlord’s response was appropriate and in line with its repairs policy.
The resident raised the repair again on 13 November 2023. The operative attended the same day. They advised that the window was in a safe condition and concluded that a bracket was required. A further operative attended on 8 December 2023 and found another defect with the window that required an additional part. The repeated visits would have likely caused the resident frustration.
The resident contacted the landlord 7 times between 18 December 2023 and 31 January 2024 asking for an update. There is no evidence that anyone responded to her until 27 February 2024. The failure to respond was unreasonable. This poor communication likely left the resident feeling unheard and that the repair was not a priority for the landlord.
On 26 February 2024, the landlord called its supplier to chase the parts it had ordered. The supplier advised it was unable to trace them. In the landlord’s stage 1 response it said it could not locate the parts due to staff illness but that it would complete the repairs on 7 March 2024. Why it said it could complete the repairs on 7 March 2024 when it was aware it did not have the parts was unclear. The landlord’s reasoning was inconsistent. It also unfairly raised the resident’s expectations.
During the visit on 7 March 2024, the operative conducted a temporary repair and noted that the window also required a new handle. The continuing failure to conduct a lasting repair was frustrating for the resident.
In its stage 2 response the landlord confirmed it would complete the repair on 25 April 2024. This inspection did not go ahead due to staff illness and was re-arranged for 29 April 2024. The resident reported that she again expected the operative to attend with the parts and to complete the repair. However, this did not happen. The operative told her that he had attended to assess what repairs the window required and that another appointment would be needed to complete the work. This indicates a further failure of the landlord to deliver on commitments it made in its complaint responses, which caused continuing, time, trouble and frustration for the resident.
The landlord returned on 18 May 2024 and completed the repairs. The notes from the visit indicated that the operative replaced the window handle. They also stated that the catch was too small but that the window closed and was secure. The landlord’s repairs policy requires it to complete routine repairs within 28 calendar days. In total, it took the landlord 191 calendar days. This significant timeframe was unreasonable and a failure of the landlord to comply with its repairs policy.
The resident told us that the window still does not operate as expected. She said because the catch was too small, she could not lower the handle into the lock position or lock the window. We have therefore made an order for the landlord to inspect the window to determine if it needs to complete any further work.
In its stage 1 response the landlord awarded £150 compensation for the delay in completing the repair to the window. This amount included compensation for its delayed complaint response, however, it was not clear how much. We have therefore assumed £50 for complaint handling and £100 for the window repairs.
In its stage 2 response it awarded £150 for the further delays associated with the repairs, which made a total of £250. We do not feel that the landlord’s offer of compensation was sufficient for the distress, inconvenience, time and trouble caused to the resident over the period. It also failed to complete the repairs when it said it would in its stage 2 response. Given the observations highlighted above we have made an additional award of £250 compensation.
This sum is in line with our compensation guidance for cases where a landlord has acknowledged failings and made some attempt to put things right, but the offer was not proportionate to the failings identified by our investigation.

Complaint	The handling of the complaint
Finding	Reasonable redress

At the time of the complaint the landlord had a 2 stage complaints procedure. At stage 1 it aims to provide a response within 10 working days. If a resident is unhappy with the response, they can request a peer review of the complaint. The landlord aims to respond at this stage within 20 working days. However, due to a cyber incident in 2022 the landlord put in place a temporary procedure which extended these timescales to 20 and 40 days respectively. It also aimed to log and acknowledge complaints within 10 working days.
The landlord acknowledged both the stage 1 complaint and the escalation request out of time. The delays were not significant but would have been frustrating for the resident given the poor communication she had already experienced. It provided the stage 1 and stage 2 complaint responses within the required timescales. The landlord acknowledged the delays, apologised and offered an appropriate level of compensation.

Learning

Knowledge and information management (record keeping)

The landlord’s record keeping was satisfactory in this case.

Communication

The landlord’s communication was poor and mainly only in response to repeated contact from the resident. Our spotlight report on repairs identifies effective communication as a “common theme” essential for an effective repairs service. Poor communication often leads to delays, confusion, and a breakdown in trust. The landlord may wish to review this guidance if it has not done so recently.