Clarion Housing Association Limited (202106696)

REPORT

COMPLAINT 202106696

Clarion Housing Association Limited

26 May 2022

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

This complaint is about the landlord’s handling of:
1. the resident’s request for her internal doors to be adapted;
2. the resident’s report of an unsafe driveway;
3. the resident’s reports of internal repairs needed to the property;
4. the related complaint.

Background and summary of events

Background

The resident is an assured shorthold tenant who succeeded the tenancy on 18 August 2020. The tenancy agreement shows that the property is a three-bedroom house.
During the course of this complaint, the resident advised the landlord that she has mental health disabilities and a physical health condition that meant property adaptations were required.
The landlord has a repairs and maintenance policy that shows that it will attend emergency repairs within 24 hours and non-emergency repairs within 28 calendar days. It adds that major component replacements are delivered through ‘planned programmes’ but that ‘prior to the referral process, all repairs needed to keep an item safe and serviceable should be completed’.
The landlord’s website has a section about repairs that shows that it is responsible for water mains, walls, ceilings, drives and paths.
The landlord has an aids and adaptations policy that shows that it requires an occupational therapy referral for all aids and adaptations (major or minor). The landlord’s website has a section on aids and adaptations that shows that it aims to complete all minor adaptations within 28 days of receiving the necessary documents.
The landlord’s complaints policy shows that it has a two-stage complaints procedure where it is required to respond within 10 working days (at stage one) and 20 working days (at stage two) respectively.
The landlord has a compensation policy that shows it can make a financial award where a resident has been caused unnecessary inconvenience; this includes examples of when compensation may be paid such as repairs that have gone beyond their target time. There are suggested ranges of compensation that can be applied depending on the impact on a complainant.

Summary of Events

The landlord’s repairs records show that a new appointment was made on 25 August 2020 due to a report of a raised and cracked pathway and driveway.
The landlord’s records show that a new appointment was made on 27 August 2020 for an order that included reference to cupboard doors not closing, hallway floor joists slanting and birds falling into the chimney. The order was closed on 9 September 2020 with a note showing a bedroom door had been adjusted.
The landlord’s records show that it stopped a plumbing leak at the property on 3 September 2020 and renewed a chimney cowl on 10 September 2020 (to prevent birds falling down the chimney).
The landlord’s records show that it noted contact from the resident on 11 September 2020 and that she advised it that she could not wait too long for a resolution to the stopcock-airlock issue.
The landlord noted on 14 September 2020 that a follow-on plumbing job was needed to replace the stopcock and isolator valve. It recorded the following day that the resident would liaise with her water supplier to carry out a shutdown as required for it to be able to replace the stopcock.
The landlord’s records show that it initially booked in works on 14 September 2020 to fit new handles for internal doors. It noted on 28 September 2020 that the door handles in the property were functioning as they should.
The landlord’s records show that a new appointment was made on 18 September 2020 to consider cracks to the ceilings in most rooms.
The landlord’s records show that it noted on 30 September 2020 that the resident had mentioned multiple issues that needed resolving, including doors, cracks in ceilings and walls, the stopcock and a chimney problem.
The landlord noted on 5 October 2020 and 11 October 2020 that a surveyor was needed to assess the driveway works because the resident had requested a replacement.
The resident made a complaint on 19 October 2020 on the grounds that there had been delays and service failings in the landlord completing the following works:
1. removal of a temporary plyboard covering to the hearth and dead animals that had fallen down the chimney
2. internal door handles that she reported to be a fire safety risk
3. bowed flooring to the upstairs hallway
4. a surveyor’s visit to assess health and safety to the garden area
5. a surveyor’s visit to assess works required to ceilings and walls in the property
6. a plumbing leak (due to delays in the landlord communicating with neighbours about the required water supply shutdown from a shared stopcock)
7. the water flow into the property was found to be low which meant that her shower (which had to be used given her physical health conditions) could not be used at the same time as the washing machine
8. she asked for a reduction in rent and compensation in recognition of her experience over the previous three months.
The landlord acknowledged the resident’s email the following day, advising it would be passed to its contractor. The resident chased progress on 27 October 2020.
The landlord closed the ceiling repair order on 5 November 2020, noting that the resident had asked about some ceilings being renewed.
The resident submitted a further complaint on 9 November 2020, advising she had still received no response from the landlord and raising further concerns that a contractor had attended on 4 November 2020 to address the faulty bedroom door but been unable to complete works due to a lack of information having been passed to him. She asked for urgent contact and a surveyor’s inspection.
The landlord’s records show that it replaced a bedroom door on 25 November 2020 but that the resident was struggling with the other door handles in the property.
The landlord contacted the resident on 27 November 2020, advising it would update her after a planned inspection of 2 December 2020.
The landlord’s records show a surveyor’s report of 3 December 2020 was produced that led it to decide to take out a fire, seal an opening with brickwork, plaster and make good.
The landlord’s records show that a CCTV drainage survey was completed on 9 December 2020.
The landlord issued a complaint response on 9 December 2020 – it concluded that:
1. the contractor attended on 5 October 2020 for the garden issue but the resident had said the driveway needed renewal which the contractor decided was unnecessary
2. some plastering was completed on 9 October 2020 but the resident had said she needed a new ceiling
3. the contractor had attended on 15 October 2020 for a plumbing leak and told the resident to liaise with the water board to find out where the street stopcock was
4. the resident had requested replacement of all internal doors but the contractor decided this was unnecessary albeit it did replace a bedroom door on 25 November 2020
5. an inspection on 2 December 2020 led it to raise orders to remove fireplace boarding, clear up debris from the fireplace, complete a CCTV drain survey in relation to movement of the driveway and re-board the dining room ceiling
6. it would work with its contractors to organise the water supply switch off to allow plumbing works (to replace the faulty stopcock and service valve)
7. the inspection established that no works were needed to the upstairs hallway flooring and the resident had been signposted to the local authority for an occupational therapy assessment if she wanted internal door furniture replaced due to her health condition
8. it awarded £150 compensation in recognition of repeated repairs visits, inconvenience caused and the resident’s vulnerabilities.
The resident replied to the landlord’s complaint response on 21 December 2020. She advised that:
1. the landlord had made an appointment for 5 January 2021 to complete chimney works
2. works had begun on the dining room ceiling works but she was of the view that the same boarding works were needed to the upstairs hallway and bedroom ceilings
3. she was awaiting the outcome of the CCTV drain survey that had been done on 9 December 2020
4. she was awaiting contact from the local authority occupational therapist (OT) but reported in the meantime that a bedroom cupboard door repair had left sharp corners
5. she wanted a banister that could be temporarily removed when furniture needed to be moved about
6. information about the shared stopcock had been provided to the landlord on 22 September 2020 but the property stopcock and service valve repair was still outstanding
7. she asked for all repairs to be completed by 12 February 2021 and an increase to £1,000 in the level of compensation awarded.
The resident advised the landlord on 12 January 2021 that the chimney works had been delayed and rescheduled to 29 January 2021 and she was still waiting to hear about other outstanding repairs.
The landlord’s records show that the chimney works were completed on 29 January 2021 and a jet washing drainage job was completed on 3 February 2021.
The landlord’s internal records show that it reviewed the case on 12 February 2021 and noted that it would raise works to make safe driveway joints and a cupboard door.
The landlord’s records show that it completed the job to renew the stopcock and valve on 17 February 2021 (and that this had required liaison with four properties regarding a water supply shutdown, some of which were not owned by the landlord).
The landlord’s records show that it made a new appointment on 17 February 2021 to overboard the upstairs hallway and bedroom ceilings.
The landlord issued a stage one complaint response to the resident on 24 February 2021. It concluded that:
1. following further discussions, it had agreed to ‘overboard’ upstairs bedroom and hallway ceilings and intended to do so on 9 March 2021
2. an inspection was planned for 2 March 2021 to create a scope of works to make safe the driveway (and it would be considered for replacement through planned improvement in the future)
3. the contractor had been asked to return to make safe the faulty bedroom cupboard door repair on 2 March 2021
4. a removable banister was not possible so an appointment had been made for 9 March 2021 for a banister and newel post to be installed
5. the stopcock and service valve repairs were completed on 17 February 2021
6. it had proposed £450 compensation (including £50 for complaint handling delay) but the resident had rejected this.
The landlord’s records show that it completed skirting board and vent works to the old fireplace on 2 March 2021 and addressed the cupboard door fault.
The landlord noted on 3 March 2021 that it had considered the driveway the day before and decided that there was no cost-effective repair, any surface treatment would not last long and that it had considered re-laying concrete around an inspection chamber (but the resident had disagreed with this approach).
The landlord’s records show that a new appointment was made on 4 March 2021 due to a report that the kitchen tap water flow was too slow.
The resident replied to the landlord on 15 March 2021. She raised continued dissatisfaction on the grounds that:
1. she originally submitted a complaint on 19 October 2020
2. chimney-related plastering and skirting was not completed until 2 March 2021
3. she had already decorated the bedroom when the landlord refused to complete the ceiling boarding work but it had reversed its decision and delayed so works were now planned for 31 March 2021 and 2 April 2021 (and she sought confirmation that the plasterer and electrician would be attending on consecutive days so she was not left without lighting for too long)
4. there had been no follow up to the driveway inspection of 2 March 2021
5. despite the 17 February 2021 stopcock and valve repair, low water flow to the property had been ongoing and she wanted to know how this would be handled
6. the 9 March 2021 banister appointment was booked as an inspection only so the repair would need to be rescheduled
7. the landlord should now have received recommendations from the local authority OT and she wanted to know when it would replace the three internal doors accordingly
8. she still sought compensation of £1,000 and all repairs to be completed by 30 June 2021.
The landlord’s records show that it overboarded the upstairs hallway ceiling on 1 April 2021.
The landlord received an adaptations request from the local authority OT on 1 April 2021. The report (dated 19 March 2021) from the OT set out that the resident had difficulty opening and closing doors to the reception room and small bedroom (due to the door handle style) and in using the rear entrance (due to a loose rail).
The landlord’s internal records show that it wrote to the local authority on 8 April 2021 to ask if an OT report was pending. It also chased its planned maintenance team to find out a timescale for the driveway works.
The landlord noted on 9 April 2021 that it needed to raise a repair order because the resident had reported that the hallway light did not always work since repairs to the hallway ceiling began on 31 March 2021.
The landlord issued its final complaint response on 9 April 2021. It concluded that:
1. most repairs had now been completed but it apologised for delays and unannounced visits to the property
2. the increase of the compensation award to £450 was appropriate and reflected the inconvenience caused to the resident
3. it was waiting on the water supplier to carry out works before its contractor could attend to move the water supply from a shared to an independent service
4. it had not received the local authority OT report but would chase this up
5. as the driveway work was not a day-to-day repair, it had been referred to its planned maintenance team and would update the resident on a decision and timescale for works in due course
6. it could not guarantee completion of all repairs by 30 June 2021 but would offer fortnightly updates to the resident
7. a further £100 compensation was offered for its complaint handling failings.

Summary of Events after landlord complaint process

The landlord’s contractor forwarded a quote dated 16 April 2021 for water supply works.
The landlord’s internal records show that it passed the OT referral to its repairs department on 19 April 2021 but that it had to cancel a proposed appointment for 3 June 2021.
The landlord’s records show that a ‘make safe’ repair order was raised on 22 April 2021 as a child had tripped on the driveway. It noted on the same date that no repair was required but chased the referral to the planned maintenance team on 27 April 2021. It noted on 27-28 April 2021 that its budget for these types of works had been cut but, given the feedback from inspections, it would treat these works as a priority.
The landlord’s records show that on 2 May 2021, it was seeking to obtain a quote to move the resident’s water supply.
The landlord’s records show that an order was closed on 5 May 2021 for renewal of a man hole cover, disposal of rubbish, fencing work and renewal of sub-base concrete.
The landlord’s records show that a new appointment was arranged on 19 May 2021 because of a report that cracks were opening up to the living room ceiling and wall again.
The landlord’s records show that the resident called it on 3 June 2021 to chase progress with the outcome of the driveway inspection.
The resident approached this Service in June 2021 – she said that she had reported a few repair issues each week from mid-August to mid-September 2020 but had to make a complaint in October 2020 as the landlord failed to act on them. She added that she was of the view that the landlord did not respond to the complaint until February 2021. She raised concerns that:
1. the downstairs bedroom-dining room and upstairs hallway ceiling works were still outstanding
2. the landlord had failed to progress internal door adaptation works after an occupational therapist visit in December 2020 and had cancelled an appointment at short notice for 3 June 2021
3. a survey of the garden (including driveway and paths) was undertaken on 14 May 2021 and established several health and safety concerns but there had been no progress despite her health conditions and her recent report of an accident
4. there was still a problem with water flow into the property that meant showering was sometimes impossible and the landlord had blamed the water supplier for this and delayed even after diagnosing the required works on 27 April 2021
5. she was seeking completion of all repairs and an increase of the compensation award to £2500 in recognition of the delays and the impact of these on her and her living conditions.
The landlord’s internal records show that its contractor attended for the OT-referred works on 22 June 2021 and noted that new internal doors with lever handles were to be fitted.
The landlord’s planned investment team noted on 2 July 2021 that it had received the referral about the driveway because of a trip hazard concern and the scale of works required. It recorded that it had measured up, agreed a price and intended for works to proceed in the summer-autumn period. It said it would change the driveway and path from concrete to block paving and amend the front path direction and driveway layout.
The landlord’s internal records indicate that it missed an appointment for the OT-referred works on 19 July 2021. It recorded that the rear door rail works were carried out on 27 July 2021 and the internal door handle works were completed on 10 August 2021.
The resident advised this Service in August 2021 that the internal door replacements had been completed on 10 August 2021 but other repairs were still outstanding.
The landlord has provided evidence that, during October 2021, it was working on the driveway and raised an order to unblock a downpipe before drains could be ‘re-done’ as part of this job. They have since advised this Service that the separate water main was also installed in October 2021.

Assessment and findings

Adaptations

The landlord initially recorded in mid-September 2020 that the resident had raised a concern about using internal door handles. It attended to this report by the end of that month, noting that all doors were functioning correctly. It was appropriate that the landlord addressed this repair report within 28 calendar days as its repairs policy obliges and that no follow-on works were organised given it established there was no repair requirement.
By the point the resident raised the matter through her complaint in October 2020, she reported that the landlord had decided that one door needed to be replaced and that she disagreed with its assessment regarding the suitability of the other doors. The landlord recorded that it replaced a bedroom door in November 2020 and it reiterated in its December 2020 complaint response that this was the only work its contractor had identified was necessary. It was reasonable that the landlord relied on the advice of its contractor and only addressed the repairs that it found to be necessary.
The resident advised that she was seeking assistance from the local authority OT in December 2020 but there is no evidence that the landlord received a report from them until 1 April 2021 – there was therefore no service failure on the landlord’s part prior to April 2021.
However, when the landlord issued its final complaint response, it incorrectly told the resident that the OT report had not been received. Further, although it passed the report to its contractors in mid-April 2021, the related works were not completed until July 2021 (rear door rail) and August 2021 (internal doors). Given the landlord was aware from the OT report that the resident required these adaptations to be able to use the property fully and its aids and adaptations policy sets out that it will conduct minor adaptation repairs within 28 calendar days, it was inappropriate that it took more than four months to complete these works.
In summary, there is no evidence of service failure on the part of the landlord in the way it dealt with the resident’s door handle concerns from September 2020 to April 2021. However, it delayed unreasonably by more than three months in completing the works that were recommended by the OT in April 2021.

Driveway

The resident raised concerns that external areas of her property were hazardous at least by late August 2020. She mentioned that the driveway and pathways were uneven and subsequently reported that they represented a trip hazard. There is no evidence of any action on the part of the landlord until it decided in early October 2020 that a surveyor should attend – this delay was inappropriate given the seriousness of the resident’s concerns.
Although the landlord progressed the driveway issue by carrying out a CCTV drainage survey and conducting follow-on works, it did not arrange the required surveyor inspection until early March 2021. It was reasonable for the landlord to explore the drainage issue given it was unclear why the driveway had deteriorated but it was inappropriate that the landlord took five months to conduct the surveyor inspection that it originally proposed in October 2020.
The surveyor’s inspection identified that some temporary repairs could be done but that this would not be cost-effective and the resident favoured the replacement of the driveway. The landlord’s repairs policy shows that large component replacements are dealt with through its planned programme of works so it was appropriate that it referred the job to its planned maintenance team by April 2021. It noted that month that its budget for these types of works had been removed but it was reasonable that it took into account the safety concerns raised by the resident and said it would prioritise the driveway replacement.
After the end of the complaints process, the resident advised that the landlord completed a survey in May 2021 and the landlord noted that by July 2021, it had measured up and agreed a price for works which it suspected it would complete over the following few months. The landlord committed to offering fortnightly updates to the resident when it closed her complaint and it is unreasonable that there is no record of this being carried out with regard to the driveway works. It is also of concern that the landlord has not offered evidence of when works to the driveway were completed albeit there is an indication that works were ongoing in October 2021 – a recommendation is made below in this regard.
In summary, the landlord delayed unreasonably in organising a surveyor’s inspection of the driveway between October 2020 and March 2021 despite the resident’s safety concerns. When the landlord reviewed the matter through the complaints process, it correctly decided to pass the job to its planned maintenance team to complete but it did not offer regular updates to the resident after April 2021 as its final complaint response promised.

Internal repairs

The resident took over the tenancy of the property in August 2020. Over the course of the following two months, she made a variety of reports that repairs were needed at her property. These included:
1. chimney works that were reported in August 2020 but not completed until 2 March 2021
2. sloping to the upstairs hallway flooring which the resident reported in August 2020 but the landlord did not complete its assessment of until December 2020 (the assessment concluding that no works were needed)
3. cracks to the walls and ceilings of various rooms (including the upstairs hallway and bedroom) in the property for which a repair order was originally raised in September 2020 but works were still being conducted in April 2021
4. plumbing works to repair a stopcock for which a repair order was raised in September 2020 but works were not completed until mid-February 2021
5. plumbing works to remedy low water flow which the resident raised at least as early as October 2020 but was still reported as a problem when the resident escalated the complaint to this Service in June 2021
6. the resident made a request for a removable banister in December 2020 which the landlord determined was not possible but did not complete the works that it decided were possible until March 2021.

The landlord should have resolved these repairs within 28 days in accordance with its repairs policy for non-emergency works but instead took several months to do so which was inappropriate and will have caused the resident inconvenience.

In mitigation, some delay was inevitable with the plumbing works given the landlord and resident needed to work with the water supplier and other residents (some of whom were not tenants of the landlord) to arrange a shutdown and allow the resident’s water supply to be moved from shared to individual. Further, Covid-19 and related restrictions had an impact on the ability of most landlords to conduct repairing obligations within usual timescales during this period.
Nevertheless, the resident had explained the impact that the low water flow issue in particular had given her physical health condition meant that it was important that she had working shower facilities. The landlord’s failure to pro-actively resolve this matter, and the other range of repairs, was therefore unreasonable given it was aware of the resident’s vulnerability and the potential impact on her of outstanding repair issues.
When the landlord considered its handling of repairs through the complaints process, it apologised for delays and awarded £400 compensation in recognition of these, including £100 for the impact on the resident and £100 for the inconvenience of repeated visits. Although this indicated that the landlord accepted its failings and attempted to put them right, given the delay was over a period of at least eight months for some repairs, a variety of rooms in the property were affected and the potential vulnerability of the resident, this level of compensation was insufficient.
Further, the £400 compensation offer was made in the landlord’s complaint response of February 2021 and the plastering repairs and water flow issues were still outstanding well beyond this date. The resident said that the cracks to ceilings and walls were not fully resolved and she was still experiencing the water pressure problem when she escalated her complaint to this Service in June 2021. The landlord promised in its final complaint response of April 2021 to provide fortnightly updates and it is unreasonable that these were not offered.
In summary, the landlord delayed unreasonably between September-October 2020 and April 2021 in completing a range of repairs that the resident reported when she took over the tenancy. Some of the repairs, including to address low water flow, were still outstanding as recently as October 2021 and the landlord’s compensation award did not sufficiently recognise the impact of these delays on the resident.

Complaint handling

The resident made her original complaint to the landlord on 19 October 2020. The landlord acknowledged this correspondence the following day but instead of logging the matter as a complaint, it passed the concerns to its contractor. This meant that the landlord failed to respond to the complaint within 10 working days as its complaints policy obliged it to. This was inappropriate and caused the resident to have to chase the matter on 27 October 2020 and submit a further complaint on 9 November 2020 before the landlord eventually responded on 9 December 2020.
The resident expressed continued dissatisfaction to the landlord on 21 December 2020. The landlord should have escalated the resident’s concerns at this point to be reviewed at a more senior level. However, it instead issued another stage one complaint response on 24 February 2021. It was inappropriate that the landlord addressed the resident’s concerns at stage one of its complaints process again despite being aware that these were a continuation of the issues she had first complained about in October 2020.
The resident submitted a further complaint escalation to the landlord on 15 March 2021. The landlord responded at the final stage of its complaints process on 9 April 2021 – this was within the 20 working days that its complaint procedure required but it was inappropriate that this was more than three months after the resident’s original December 2020 complaint escalation.
When the landlord considered the resident’s complaint at the final stage of its complaints process, it apologised for its mishandling of the complaint and increased its compensation to £150. The landlord therefore demonstrated that it recognised its failings and awarded compensation that adequately recognised the additional time and trouble caused to the resident by it effectively adding a stage to its complaints process. This level of compensation was within the range recommended in its compensation policy for failure to meet service standards for responses.
In summary, the landlord delayed by more than a month in responding to the resident’s original complaint and did not escalate the complaint in December 2020 as it should have. However, it apologised for this and awarded an appropriate level of compensation that offered reasonable redress for the service failure.

Determination

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of:
1. the resident’s request for her internal doors to be adapted;
2. the resident’s report of an unsafe driveway;
3. the resident’s reports of internal repairs needed to the property.
In accordance with paragraph 55b of the Housing Ombudsman Scheme, the landlord has offered reasonable redress to the service failures identified in its handling of the related complaint.

Reasons

The landlord delayed by more than three months in completing adaptation works that the local authority OT recommended it complete in April 2021.
The landlord delayed by four months in arranging a surveyor’s inspection of the driveway and, while works were pending, did not provide the promised fortnightly communications to the resident from April 2021.
The landlord delayed in completing internal repairs to the resident’s property that she reported from August-September 2020 and its compensation offer of £400 did not fully recognise the impact of the service failure on her.
The landlord delayed in responding to the resident’s initial complaint and failed to escalate the complaint in line with its complaints policy. However, it has accepted and apologised for these service failures and its compensation offer of £150 was fair given the circumstances of the case.

Orders

The landlord to write to the resident to apologise for the service failures identified in this report.
The landlord to pay the resident compensation of £700, made up of:
1. £250 in recognition of the distress and inconvenience caused to her by the service failures identified in its handling of her request for her internal doors to be adapted;
2. £200 in recognition of the distress and inconvenience caused to her by the service failures identified in its handling of her report of an unsafe driveway;
3. an additional £250 in recognition of the distress and inconvenience caused to her by the service failure identified in its handling of her reports of internal repairs needed to the property.

The landlord should confirm compliance with these orders to this Service within four weeks of the date of this report.

Recommendations

If it has not already done so, the landlord to pay the resident the compensation of £550 that it awarded through its complaints process.
If these works are still outstanding, the landlord to update the resident within four weeks of the date of this report as to:
1. when it plans to complete any outstanding driveway works;
2. how, and when, the water flow issue will be fully resolved.

The landlord should confirm its intentions in regard to these recommendations to this Service within four weeks of the date of this report.