Acis Group Limited (202229209)
REPORT
COMPLAINT 202229209
Acis Group Limited
21 October 2024
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
- The complaint is about the landlord’s response to the resident’s reports about anti social behaviour (ASB) from neighbours.
Background
- The resident is an assured tenant of the landlord. The tenancy started in August 2014. The property is a 2-bedroom end terrace house. The landlord did not confirm if it had any vulnerabilities recorded for the resident.
- The resident made reports to her landlord about ASB from her neighbours between 2019 and 2021. The resident raised a complaint about the landlord’s handling of these reports which was investigated by this Service in June 2023, under the complaint refence 202009656. The Ombudsman determined there was no maladministration in the landlord’s handling of the resident’s reports of ASB and there was reasonable redress offered in respect of the email sent to the resident not intended for her which the resident felt was derogatory.
- The resident reported further incidents of ASB from her neighbours to the landlord during 2022. This included reports of banging of walls, her bins being moved, neighbours’ children playing ball games near her property and bouncing balls off her property. The resident raised a complaint to the landlord on 1 August 2022. She said she had been reporting ASB for the past 6 months and the landlord had not responded to her emails. She said the ASB had been ongoing for 3 years.
- The landlord provided its stage 1 response on 15 August 2022. It said the following:
- It received an email from the resident on 17 July 2022 about children playing football, and another following up on 21 July 2022. The landlord responded on 22 July 2022 and confirmed it would address the issues.
- Within its ASB policy it committed to responding to reports of general ASB within 5 working days. It had met its policy commitments.
- The resident told the landlord that she had not received the email sent on 22 July 2022, and acknowledged this may have been missed within her email thread.
- It took steps to remedy the reported ASB with the parents of the children.
- On 1 August 2022, the resident emailed the landlord reporting continued ASB from children in the street. The landlord responded the same day and advised it would investigate the matter.
- On 5 August 2022, the landlord confirmed it was currently investigating the matter and the resident was due to visit the landlord on 11 August 2022 as part of ongoing case management.
- The landlord committed to contact the resident during the investigation on a fortnightly basis and would inform her when it closed the case.
- The landlord had looked through cases which dated back to February 2022 and was satisfied that there was evidence of significant contact about the issues.
- The landlord’s records showed the resident requested an escalation of her complaint on the same day. The landlord’s records evidenced it attempted to contact the resident to discuss this but had not been able to contact her. It issued a stage 2 response on 5 September 2022. It said it had reviewed the stage 1 documentation and upheld the stage 1 decision. Following contact from the resident the landlord reviewed the stage 2 complaint again and issued a final response on 13 September 2023. It said the following:
- The reason for the resident’s outstanding concern was that she felt important relevant information was not considered at stage 1.
- It discussed the complaint during a call on 12 September 2022. During the conversation, the resident agreed that communications more recently from the landlord had improved and she was satisfied with the response from the team.
- The resident previously had some open ASB cases that its Safer Communities Officer was supporting with. These were now closed but the Safer Communities Officer was available to speak with about any additional issues or support the resident may need.
- It had discussed support with considering alternative properties and provided information on this. It said this had been part of the conversation on 12 September 2022 and not an indication that this was being encouraged by the landlord.
- It found no evidence that important information had not been considered.
- The resident raised a further complaint to the landlord on 11 February 2023. She said she had passed on video evidence to the landlord following further reports of ASB in September 2022, which the landlord had shared with the police. The resident said this was a “malicious attempt” to have her arrested, and the landlord had not been impartial.
- The landlord provided its stage 1 response on 20 February 2023. It said at the time of requesting the video footage, the member of staff was not aware of the conditions on the resident’s restraining order. Once it was acknowledged the video footage appeared to be a breach of the restraining order, it reported this to the police in line with its information sharing agreement. It said the officer was investigating a complaint of ASB directed at the resident from children and it was satisfied this was investigated impartially, fairly, and in line with its policy.
- The resident requested an escalation of her complaint on the same day. She said the action was intentional and the police officer the landlord sent the evidence to was impartial because the resident had complained about them to the police. The landlord told the resident on 21 February 2022 that it would not escalate her complaint because the criteria for escalation was not met. The resident contacted this Service for assistance. On 12 June 2023, this Service asked the Landlord to respond at stage 2 by 17 July 2023.
- On 23 June 2023, the landlord provided its stage 2 response. It said the following:
- The officer investigating the ASB case was not aware of the conditions of the resident’s restraining order. The officer was treating the ASB report like any other and asking the resident for evidence to assist in resolving the matter.
- While reviewing footage if anything which may be illegal or breach a court order takes place it had a duty to notify the correct authorities. Which is what happened in this case.
- This was standard practice and not a deliberate or a premeditated act.
- Sending the footage to a police officer who the resident had complained about previously was not something it could have known or taken into account.
- It would not receive information about a complaint to a third party.
- It did not uphold the complaint at stage 2. The actions taken followed standard procedures when investigating a claim of ASB.
- The resident remained dissatisfied with the landlord’s response to both complaints raised and asked this service to investigate in July 2023.
Assessment and findings
Scope of investigation.
- It is noted that there was a history of ASB reports by the resident. A complaint about the landlord’s handling of the resident’s reports of ASB from neighbouring properties and an email sent to the resident not intended for her which the resident felt was derogatory, was determined by this Service on 30 June 2023. The previous investigation considered a complaint which completed the landlord’s complaints process in September 2021. This current investigation has focused on the landlord’s handling of the resident’s reports of ASB from 2022 that were considered during the landlord’s complaint responses.
- The Ombudsman cannot consider the further reports of ASB from September 2022 onwards which were not considered in the landlord’s final responses. In accordance with paragraph 42.a. of the Housing Ombudsman Scheme and in the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s formal complaint which were addressed in the landlord’s final responses on 13 September 2022 and 23 June 2023. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to the involvement of this Service. Any further issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if required.
- Part of the resident’s complaint in February 2023 was about the landlord sharing information (video footage) she had provided with the Police. Paragraph 42.j. of the Scheme states that the Ombudsman will not consider complaints that fall properly within the jurisdiction of another Ombudsman, regulator, or complaint-handling body. Therefore, this aspect of the resident’s complaint falls under the jurisdiction of the Information Commissioner’s Office (ICO) and is not one which the Ombudsman can investigate. Should the resident want to pursue this, She should do so by contacting the ICO. While this Service had not investigated the matters relating to the sharing of information, they have been referred to in the report below for the purpose of providing context. This investigation has considered the landlord’s response to the resident’s concerns about the landlord requesting the video footage.
- In raising her complaint, the resident referred to the situation impacting upon her health. While the Ombudsman is able to assess the service the landlord provided, and any overall distress or inconvenience this may have caused, the investigation cannot directly assess any reported impact on health or the liability for impacts on health and wellbeing, as this is better suited for the courts.
The landlord’s response to the resident’s reports about anti social behaviour (ASB) from neighbours.
- The landlord’s standard terms and conditions for assured tenancies says residents are responsible for the behaviour of every person (including children) and animal living in or visiting a home. It says residents must not use or threaten to use menacing, abusive or violent behaviour, threaten to do anything which causes or is likely to cause a nuisance, annoyance or disturbance, and must not commit or threaten any form of harassment towards anyone living in, visiting or engaging in a lawful activity in the locality of the home.
- The landlord’s ASB policy at the time of the resident’s complaint gives examples of what it does not consider to be ASB which includes, children playing considerately, parking disputes, and neighbour disputes such as social media arguments or unpleasant staring. The landlord prioritises ASB based on the type, as either a priority 1 with a serious risk of harm, priority 2 which are urgent ASB, or priority 3 which is general ASB complaints. The landlord will interview victims of ASB within the following timescales:
- Priority 1 – 1 working day.
- Priority 2 – 3 working days.
- Priority 3 – 5 working days.
- The policy says that in its management of ASB, the landlord will use the tools and powers that are reasonable and proportionate considering the seriousness, impact and frequency of the behaviour, the level of risk that it poses to those affected, and the evidence available. It says in most cases it will be appropriate to use early interventions to manage ASB. These include interviewing perpetrators early, giving verbal and written warnings, and mediation. The policy says the landlord may work with other agencies and services in order to resolve ASB. If there is an on-going police investigation, it may wait to see the outcome of this before taking any action. The policy says the landlord may share information with such other third parties where it has either an information sharing agreement in place with them or a legal duty to do so.
- The landlord’s complaint handling procedure at the time of the resident’s complaint says it has a 2 stage complaints process. The policy says the landlord should provide a response to a stage 1 complaint within 10 working days of receipt of the initial complaint. On receipt of a stage 2 complaint request, the landlord will review to confirm that one of the following criteria to escalate a complaint is met:
- The earlier investigation and associated response were factually inaccurate (details of these inaccuracies are needed)
- The response did not address the complaint.
- Important relevant information was not considered at stage 1.
- The landlord does not complete the actions agreed at stage 1 (the timescale for these actions may go beyond the complaint closure date) within a reasonable timescale.
The landlord aims to respond to a stage 2 complaint within 10 days of the request to escalate.
- The purpose of this investigation was not to establish if ASB occurred, or which party was responsible. It was for the Ombudsman to determine whether, in response to reports of ASB, the landlord responded in accordance with its relevant policies and procedures and if its actions were fair and reasonable in all the circumstances of the case.
- When ASB is reported, it is necessary for the landlord to respond in accordance with its ASB policies and deal with reports in a proportionate and appropriate manner. The landlord must consider its obligation as a landlord to treat allegations from all its residents in a consistent and evidence-led way.
- The landlord’s records demonstrated that it recorded and responded to the resident’s reports of ASB made from January 2022 until the landlord’s final complaint response on 13 September 2022, appropriately and in line with its ASB policy. It kept adequate records of each incident reported, its communications, and the actions it had taken.
- On 13 January 2022, the resident reported an incident with a neighbour banging and screaming. The landlord responded on 17 January 2022. This response was within the timescales set out in its ASB policy. The landlord confirmed to the resident that counter allegations had been received and it had written to both parties to advise it was a neighbour dispute and it could not investigate the matter. This approach was proportionate, and in line with its ASB policy. It was also noted the landlord contacted the police about the matter which demonstrated multi agency working.
- On 19 January 2022, the resident sent the landlord a copy of an email she had sent to the police about an incident with a neighbour at local shops. The landlord’s records showed it confirmed receipt of the email and advised the resident it could not take action about ASB incidents which happened away from the property and she should report them to the police. This response was again in line with its ASB policy. It was an appropriate action to advise the resident to report such incidents which occurred in public places to the police.
- On 14 February 2022, the resident told the landlord a neighbour had moved her bin. The landlord investigated the issue with the neighbour and also the local authority. On 22 February 2022, the landlord asked the resident to move her bins from the footpath. Following the resident raising concerns about neighbours’ bins and items on communal paths, the landlord took the appropriate action of sending letters to all residents about the matter. It confirmed the action it was taking to the resident on 23 February 2022 and its records show letters were sent to all residents about bins and the blocking of access to communal paths on 4 March 2022. The action of sending all residents a letter about their obligations regarding bins and keeping communal pathways clear was proportionate and showed the landlord applying a consistent approach to the multiple reports about bins and access to pathways it had received.
- The resident made a further report to the landlord on 6 March 2022 about a neighbour’s fridge freezer against her boundary. The landlord responded on 11 March 2022 to confirm this was being removed the following week. This demonstrated the landlord taking prompt action to resolve the resident’s reports about her neighbour.
- On 4 April 2022, the resident reported that the children of neighbours were playing ball games on the grass next to her property and bouncing the ball of her property. The landlord responded the same day asking the resident for further details in order for it to investigate the matter directly with the neighbours involved. The resident provided details of the alleged perpetrators and also reported noise from children riding scooters on the path. The landlord responded again the same day and said it was unable to enforce action about the scooters on pathways but it would speak with the neighbours about the ball games. This demonstrated the landlord setting the resident’s expectations about what it was able to investigate as ASB and the action it was taking in response to her report. The landlord’s records showed it sent a letter to all residents about ball games on 14 April 2022. This was a proportionate action in line with its ABS policy.
- The resident reported further instances of ball games near her property on 5 May 2022. The landlord responded on 9 May 2022 to request further information. There was no evidence of the resident providing further details about the matter. The resident made a further report of ASB on 5 July 2022. This was about weed killer, stones and food being thrown into her garden. The landlord responded the following day to request further evidence. The landlord’s records noted that no specific allegations were made. It was therefore reasonable for the landlord to take no further action on this report at this stage. However, it had demonstrated that it had taken her reports seriously and was responsive to her concerns.
- The landlord’s final response stated that it had responded to the resident’s reports of ASB in July 2022 and August 2022 within 5 working days. The landlord’s records demonstrated that it responded to the resident’s report of ASB on 17 July 2022 about ball games against her property on 22 July 2022. In this email, the landlord also followed up on a response it had sent to the resident requesting further evidence following her report on 5 July 2022. It is acknowledged that the resident stated she did not receive the email on 22 July 2022. This Service has been provided with evidence of the emails sent by the landlord during this timeframe which demonstrate it had responded as confirmed in its complaint responses.
- In its final response on 13 September 2022, the landlord set out the steps it was taking in response to the resident’s reports of ball games outside her property on 1 August 2022. The landlord stated it had advised the resident on 1 and 5 August 2022 that it was investigating the issue. The response here was within the timescales in its ASB policy. The landlord took the appropriate step of allocating a Safer Communities Officer as point of contact for the resident. The landlord also set out how it would contact the resident throughout the investigation of this report of ASB. This demonstrated good practise by the landlord in setting a plan for the communication about the ASB report going forward.
- The landlord set out in its final response on 13 September 2023 how it would continue to support the resident with any future concerns about ASB. This was appropriate and a customer focused approach by the landlord to attempt to repair the landlord-tenant relationship and provide reassurance to her that it would continue to support her with any future ASB reports.
- The resident raised a complaint in February 2023 about the landlord’s action in September 2022 to share video footage with the police which the resident had provided to the landlord as evidence of a report of ASB. As explained above, this Service cannot investigate the information sharing aspect of this complaint. The request made by the landlord for available video footage as evidence of the resident’s reports of ASB was reasonable as an attempt to gather evidence to support the ASB investigation.
- Given that the resident’s reports about ASB in August and September 2022 had included concerns about what she had viewed on her CCTV cameras, it was a reasonable step for the landlord to request any footage as evidence for its investigation. There was no evidence provided to this Service from the landlord’s internal records or external emails with the police, that the landlord had requested this information for purposes other than to investigate the reported ASB. The landlord’s response to this aspect of the resident’s complaint was reasonable.
- Overall, the landlord responded to the resident’s reports about ASB appropriately. It demonstrated that it catagorised the reports and responded to her reports within the timescales set out in its ASB policy. The landlord engaged in multi agency working and discussed the ASB reports with the local authority and the police where appropriate. There was no evidence that the landlord had not acted in an impartial way when requesting the video evidence of ASB from the resident. The actions taken by the landlord were proportionate to the ASB reported. The evidence the landlord had at the time of each report did not indicate it was appropriate for the landlord to consider further action. As such there was no maladministration in the landlord’s response to the resident’s reports about anti social behaviour (ASB) from neighbours.
Determination
- In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s response to the resident’s reports about anti social behaviour (ASB) from neighbours.