Clarion Housing Association Limited (202338466)

Background

1. The resident agreed to join a government backed energy efficiency programme in January 2022. The landlord began work in June 2022. In January 2024, the resident made a complaint. She said the work had stopped and left her home in an unfit condition due to increased heating costs and damaged areas. The landlord explained delays were due to issues with the programme. It completed the outstanding works in July 2024.

What the complaint is about

2. The landlord’s handling of:
   1. Energy efficiency improvement works under the Social Housing Decarbonisation Fund (SHDF).
   2. The complaint.

Our decision (determination)

3. We found the landlord offered:
   1. Reasonable redress in its handling of energy efficiency improvement works under the Social Housing Decarbonisation Fund (SHDF).
   2. Reasonable redress in its handling of the complaint.

We have not made orders for the landlord to put things right.

Summary of reasons

4. The landlord apologised and provided compensation to the resident for the delays in its delivery of improvement works. This shows it understood the detriment to the resident and followed its compensation policy.
5. The landlord did not respond to the complaint in line with the Housing Ombudsman’s Complaint Handling Code’s (the Code) timeframe at stage 1. It acknowledged this failure and provided an appropriate remedy in line with its compensation policy to recognise the detriment caused to the resident.

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.

Recommendations

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

Our investigation

The complaint procedure

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.

6. The work agreement, dated 26 January 2022, said the work would be completed in a timely manner and the landlord would be responsible for any damage to the property. The evidence shows the work started in June 2022.
7. The landlord’s compensation policy said it would not compensate for a resident’s time off work and damaged items could be claimed through its insurance. It further said compensation of up to £250 could be awarded for minor, low impact failings. £250 to £750 could be awarded for failings over a long period of time but no permanent impact on the resident.
8. The landlord contacted the resident on 8 February 2023 and 28 March 2023. It apologised for the delays and said it was waiting for a cable to be installed before finishing the work. It offered £350 compensation and £500 towards the resident’s increased heating costs, a total of £850. It also said it would reimburse any extra costs above £500 if the resident provided evidence. This shows it recognised the impact the delay had on her and provided compensation in line with its compensation policy. The evidence shows the landlord paid this to the resident.
9. At the start of January 2024, the resident told the landlord she had taken time off work to wait for it to complete work when it said it would. She also said parts of the property, including plaster and wallpaper, had been damaged by leaks because the work to the windows and doors was incomplete. Evidence shows the landlord sent several letters to the resident from late January to February 2024, about the planned works. It explained the scope of the works, how long they would take, and when it would attend the property. This included replacing windows and doors on 27 February 2024, which it said would take 1 day. This shows the landlord provided clear updates once the works were due to resume.
10. In its stage 1 response, the landlord apologised for the delay in completing the work. It offered £450 compensation for complaint handling failures, policy failures, and inconvenience to the resident’s household. It said it expected to finish by 5 April 2024 and informed the resident it could not compensate for time off work. It said she could claim through its insurance for any damage to the property.
11. The landlord did not explain how it calculated the total compensation or provide a breakdown across the identified failings. However, it is reasonable to attribute a proportion of the £450 to this aspect of the complaint. For the purposes of our investigation, we have reasonably attributed £350 of this sum to this matter. We consider this amount to be proportionate and in line with the landlord’s compensation policy.
12. In its stage 2 response, the landlord reiterated its position set out at stage 1. It confirmed it would reimburse any excess heating costs if the resident provided evidence.
13. The evidence shows the main works finished in April 2024. The landlord signed off all work, including minor issues, in July 2024. This was over 2 years after work began. While there was a delay, the landlord offered compensation which was proportionate and consistent with its compensation policy and with our compensation guidance for situations which had a significant impact on the resident, with prolonged delays.
14. The landlord has completed the work and updated the resident of planned works. Therefore, we find the landlord has offered reasonable redress in this situation.

15. The landlord’s complaint policy at the time complies with the definition of the complaint in the Code April 2022. The timeframes in the landlord’s complaint procedure complied with the Code.
16. The resident made a complaint on 10 January 2024. The landlord acknowledged the complaint on 23 January 2024. This was outside the policy timeframe to acknowledge complaints within 5 working days. It sent it’s stage 1 response on 12 February 2024. This was 4 working days outside the expected 10 working day response timescale.
17. The landlord apologised at stage 1 for the delay and offered compensation. While it did not provide a breakdown of its total offer of £450, we have reasonably attributed £100 for complaint handling failures. This was in line with its compensation policy.
18. The resident escalated her complaint on 22 February 2024, which the landlord did not acknowledge. However, the landlord issued a stage 2 response on time and offered an additional £50 for communication failures.
19. The landlord offered a total of £150 compensation for complaint handling delays, including £100 attributed to delays at stage 1 and £50 for communication failures at stage 2. This amount is proportionate to the level of detriment caused, where there was no permanent impact on the resident, and is in line with our compensation guidance. The landlord also acknowledged its failings and the impact on the resident. Therefore, we find it has offered reasonable redress for its handling of the complaint.

Learning

Compensation

20. To avoid confusion about compensation, the landlord could reconsider the way it presents any compensation it offered and make clear which part of the complaint each amount relates to. This will help everyone understand how it reached its decision. Our compensation guidance and centre for learning can support with this.

Knowledge information management (record keeping)

21. In this case, the landlord’s record keeping was a reasonable standard.

Communication

22. There were extended periods of time when the landlord did not provide updates to the resident. This left her unclear about when works would take place at the property. While it did provide updates once work resumed, it would have been be reasonable for it to provide interim updates during the long periods of time where no work is being completed. This would help manage the resident’s expectations. Our centre for learning provides guidance on maintaining effective communication during delays.