Leeds City Council (202126341)

REPORT

COMPLAINT 202126341

Leeds City Council

28 February 2023

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:
1. The landlord’s handling of various repairs needed to the resident’s property.
2. The landlord’s handling of the associated complaint.

Background

The resident is a secure tenant of the landlord. The resident has stated that she has vulnerabilities which were impacted by the delays in repairs.
On 24 November 2020, the landlord raised a job for plastering works to be completed in the property, as the plaster had blown whilst the resident was redecorating. The landlord has informed this Service that there was a delay in completing these works due to the work order being raised incorrectly and the demand from the Covid-19 pandemic which meant that it needed to prioritise its workload.
In August 2021, works were raised for the gas fire to be removed in the resident’s property, and the space bricked up. On 6 September 2021, works were raised for the handrail in the resident’s property to be secured. The gas fire was removed on 14 September 2021, and the space was bricked up and plastered. Follow on works were raised, such as capping the Peglar elbow and gas checks which were completed on 16 September 2021. On 23 September 2021, a surveyor inspected the property and identified several other repairs which were needed in the property including plastering, repointing works, a new toilet pan in the bathroom, and that the handrail still needed to be secured.
On 25 October 2021, the resident raised a complaint as she was unhappy that the works had not yet been completed. She stated that the lime mortar in the property was affecting her health, and the condition of the walls was worsening. She was also dissatisfied that she received no update about the works. She added that the contractor who attended to remove the gas fire had left a space for a vent, but never returned to install it and due to this, a pipe was sticking out which she stated was dangerous.
The follow-on works to the gas fire were completed on 12 January 2022. Between March 2022 and May 2022, the resident contacted this Service about the lack of communication and the delays she had experienced within the landlord’s service and was dissatisfied that she had to chase the works. She informed this Service that the issues were impacting her mental and physical health, and had caused distress and inconvenience.
The landlord provided its final stage two response on 1 July 2022. It apologised that no stage one response had been sent. In addition, it confirmed that a contractor would be attending the property on 5 July 2022 to assess any outstanding repairs. It stated that a start date of 25 July 2022 had been offered to the resident, but she had stated that she would be prefer for the works to take place in August. The landlord also apologised for not calling the resident back throughout November 2021.
The resident escalated her complaint to the Ombudsman on 8 July 2022, she was dissatisfied that the landlord had not provided compensation. She wanted the outstanding repairs to be completed and to be compensated for the delays. On 27 January 2023, the landlord informed this Service that it had carried out repairs to the roof repairs on 1 December 2022, and that its contractors had visited the resident during the week commencing 16 January 2023, to inspect the works needed, with a start date being provided of 2 February 2023 for any other repairs, including the plastering.

Assessment and findings

Scope of Investigation

The resident has stated that she was dissatisfied with the mess and damage caused by contractors carrying out works in the property during October 2022. As this is a separate issue to the complaint raised with the Service, this is not something that this Service can adjudicate on at this stage, as the landlord needs to be provided with the opportunity to investigate and respond to this aspect. The resident will need to contact the landlord and, if appropriate, raise a separate complaint to get this matter resolved.
The resident has also referenced how the delays in the plastering works impacted her health and led to breathing issues due to the lime mortar. However, the Ombudsman cannot draw conclusions on the causation of, or liability for, impacts on health and wellbeing. Nonetheless, consideration has been given to the general distress and inconvenience which the situation may have caused the resident. This is in accordance with paragraph 42(g) of the Housing Ombudsman Scheme which says the Ombudsman may not investigate complaints which concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.

The landlord’s handling of various repairs needed to the resident’s property.

The landlord’s repairs handbook states that the landlord is responsible for repairs to plastering and the structure of the property, any equipment installed for delivering gas to the property, and sink and toilet fittings. The landlord’s repairs handbook also states that Emergency repairs would be completed within 24 hours and general repairs would be completed within 20 working days. It also states that improvements such as pointing needed to brick work, major areas of re-plastering and roof repairs would be completed as planned works.
It is not disputed by either party that there were delays throughout the landlord’s handling of the repairs. The landlord confirmed that on 1 December 2022 it had completed repairs to the roof, however, it stated that the other repairs, including the plastering, were still outstanding and were due to commence on 2 February 2023. The landlord stated the delay was caused by the works order being incorrectly closed.
The resident initially reported the plastering repairs needed in the property on 24 November 2020. From the evidence provided, it appears that there was no progress in these works until September 2021, when the works were raised again during an inspection of the property. The landlord has advised the Ombudsman that this was due to the works being raised incorrectly, which resulted in the job not being allocated to a contractor. In addition, the landlord stated that due to the Covid-19 pandemic there was a backlog of works during 2020 and 2021, which it had to prioritise. The landlord has stated that the backlog led to delays throughout the repairs process, including between January and July 2022.
Whilst the Ombudsman understands that, at times, a landlord may not be able to complete repairs within the appropriate timeframes listed in its repair’s handbook, it would have been appropriate for the landlord to have kept the resident updated and to have effectively manage the resident’s expectations. Although the landlord has informed this Service that it regularly updated its website throughout this period, it would also have been expected to provide updates at a reasonable frequency to the resident directly. From the evidence provided, it is not apparent that the landlord provided such updates to the resident, which is an example of poor communication which caused distress and inconvenience for the resident, as she spent time chasing the works.
In September and October 2021, several other repairs were raised in the property including; the removal of a gas fire, a handrail in the property which needed to be secured, pointing works to the property and outbuildings, and roofing repairs needed to the resident’s shed.
On 14 September 2021, a contractor attended and removed the resident’s gas fire and bricked and plastered the opening. Follow on works to remove the Peglar elbow were completed on 16 September 2021. This was a total of 15 working days from the date the works were raised, which was in line with the appropriate timeframes listed in the landlord’s repairs handbook.
Following this, in October 2021, the resident raised concerns with the landlord as, during the works to remove the gas fire, a space was left for a vent but no one had returned to complete the works. The landlord stated that no gap was needed as a vent was not necessary, and raised for follow on works to take place where the gap would be filled. These works were rearranged on five separate occasions before being completed on 8 December 2021 and 12 January 2022, whilst this prolonged the repairs being completed, on three occasions the works were rearranged at the resident’s request and therefore the delay was not entirely the landlord’s responsibility.
The landlord has acknowledged that there were delays following the works being raised in July 2022, as the resident had asked for the work to be completed after she had returned from her holiday in August 2022. Likewise, a further delay resulted from the resident only allow weekend work due to her work schedule. Due to this, the landlord had to source a new contractor who had weekend availability. In addition, the landlord has explained that during conversations with the resident between July and August 2022, she asked that the plastering works be completed before any other repair. This led to a further delay in some works being completed, such as; the toilet pan repair, which the landlord had to rearrange until after the plastering works were completed. These delays were outside of the landlord’s control, as it accommodated the resident’s request in order to try and minimise any impact on her during the works.
It is clear that the landlord attempted to progress the works, such as; on 23 September 2022 when plaster was removed from the stairs, foyer and landing of the property and repointing work was completed to the gable end of the property and the outbuilding. In addition, on 15 September 2022, the landlord raised an asbestos survey to take place prior to the plastering being completed.
However, there were occasions throughout the repairs process where appointments did not go ahead, the reasons for which were within the landlord’s control. Such as on 29 November 2021, where the contractor failed to attend due to other emergency works being raised. Whilst it is reasonable for the landlord to prioritise emergency repairs where necessary, it would have been expected to manage the resident’s expectations appropriately. Although the landlord did inform the resident that the contractor was running late when she chased the works, it failed to adequately manage her expectations as the contractor failed to attend at all on the day. This is a further example of poor communication which impacted the resident, and as a result it had been recommended that the landlord considers providing additional staff training on the importance of communicating with residents in line with its obligations and the expectations of this Service.
Similarly, there were two occasions where a contractor attended to secure the handrail at the property, but was unable to complete the works due to the plastering works still being outstanding. It would have been appropriate for the landlord to ensure the necessary works had been completed, prior to arranging the appointment. It not doing so impacted the resident, as it unnecessarily prolonged the timescale of the repair works needed, and led to inconvenience due to the unsuccessful appointments.
On 17 May 2022, the resident informed the Ombudsman that she used the bannister to pull herself up the stairs due to struggling with her back. Whilst there is no evidence to suggest that the landlord was aware of this vulnerability, it would be appropriate for the landlord to contact the resident to gain an understanding of the urgency of this repair and to determine whether it would have been appropriate for it to complete an assessment as to whether any reasonable adjustments were required.
Overall, it is clear that there were significant delays throughout the repairs process, which were caused by failings on the landlord’s behalf. Where a landlord has acknowledge its failings, as it had in this case, the Ombudsman’s role is to consider whether the landlord has acted in line with Ombudsman’s Dispute Resolution Principles: Be fair, put things right and learn from outcomes.
In this case, whilst the landlord had acknowledged the delays, and apologised to the resident, it failed to consider an offer of compensation. Furthermore, it failed to provide evidence which shows that it had learnt from its mistakes. Taking this into account and considering that as of 27 January 2023, there were several repairs still outstanding in the property, it is the Ombudsman’s opinion that there was maladministration in the landlord’s handling of the various repairs needed, and that compensation of £300 would provide adequate redress. This is in line with the remedies guidance provided by the Ombudsman which states that compensation between £100 and £600 is appropriate in cases where the landlord has acknowledged some failings, but failed to reasonably address the overall detriment to the resident.
Given that the landlord has acknowledged that that a job was also incorrectly closed which resulted in further delays until February 2023. The landlord has also been ordered to inspect the resident’s property, to ensure the repairs have been completed satisfactorily, and raise works for any repairs which remain outstanding at that point.
It has also been recommended that the landlord consider providing additional staff training in relation to raising and managing work orders, as this resulted in a significant delay in the repairs, which caused distress and inconvenience for the resident.

The landlord’s handling of the associated complaint

The landlord’s complaints and compliments policy states that stage one and stage two responses will be issued within 15 working days. In accordance with the Ombudsman’s Complaint Handling Code, landlords should issue stage one complaint responses within ten working days, and stage two complaint responses within twenty working days. The landlord has therefore been ordered to review its ‘Complaints and Compliments’ policy, in order to bring it in line with the Ombudsman’s Complaint Handling Code.
The resident raised her complaint with the landlord on 25 October 2021. On 6 December 2021, the resident asked for her complaint to be escalated as she had received no stage one response. It would have been appropriate for the landlord to issue a stage one response in line with its obligations, and the Ombudsman’s expectations as listed in the Complaint Handling Code. It not doing so impacted the resident, as she spent time and trouble chasing a complaint response.
Following the escalation, the resident continued to chase the stage two response, with assistance from this service. It ultimately the landlord issued its stage two response on 1 July 2022. This was a total of 141 working days, which is significantly outside of the timeframes listed in both the landlord’s Complaints and Compliments Policy and the Ombudsman’s Complaint Handling Code. This delayed the resident from being able to escalate her complaint to this Service, and resulted in further distress and inconvenience for her. In addition, where there is likely to be a delay, the landlord would be expected to contact the resident, explain the reason for the delay and provide a new complaint response timescale to manage their expectations, there is no evidence that the landlord did.
Within the stage two response, the landlord failed to address the full impact of the delays in repairs, since they were initially raised in 2020. The Ombudsman’s Complaint Handling Code highlights the importance of a landlord addressing all of the concerns raised by residents. However, in this case, whilst the stage two response provided an expected date for works to begin, the landlord failed to investigate all of the resident’s concerns about the outstanding repairs and the service it had provided. It is therefore not evident that the landlord had taken her concerns seriously, or attempted to understand how the situation had impacted her.
Similarly, the Ombudsman’s Complaint Handling Code explains how a landlord should identify any failures, and inform the resident of how it intends to put them right. It also states that a landlord should provide information on how it would learn from the complaint such as; revising policies and procedures, providing training to staff and contractors, and improving communication and record-keeping. In this case, the landlord failed to adequately identify its failings, and as a result did not provide proportionate redress to the resident nor did it acknowledge how it could learn from the complaint.
Throughout the complaints process, the landlord failed to comply with the Complaint Handling Code provided by the Ombudsman. Furthermore, it failed to maintain an appropriate level of communication with the resident, which led to further distress and inconvenience due to the time and trouble she spent chasing the complaint. It is therefore the Ombudsman’s opinion that there was maladministration by the landlord in its handling of the complaint.
When considering the above factors, it would be appropriate for compensation of £150 to be paid to the resident in order to provide adequate redress for the failings identified throughout this investigation. The landlord has also been ordered to review its Complaints and Compliments policy to ensure that it is in line with this service’s Complaints Handling Code. A recommendation has also been made that the landlord provide further staff training on complaint handling, to ensure its staff are complying with its policies and the Ombudsman’s Complaint Handling Code in order to prevent a similar situation occurring in the future.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the various repairs needed to the resident’s property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in the way the landlord handled the associated complaint.

Orders and Recommendations

Orders

That within four weeks of the date of this determination, the landlord is ordered to:
1. Pay the resident £450 compensation, made up of:
  1. £100 for the delays throughout the repairs process,
  2. £100 for poor communication,
  3. £100 for distress and inconvenience and,
  4. £150 for the landlord’s complaint handling failures.
2. Inspect the resident’s property to ensure all of the outstanding repairs have been completed satisfactorily, and if not, to raise any work orders needed.
3. To review its Complaints and Compliments policy, and to bring it in line with the Ombudsman’s Complaint Handling Code.
4. To confirm that it has complied with the above orders.

Recommendations

It is recommended that the landlord provides further staff training on raising and managing work orders, and the importance of communicating with residents throughout repairs.
It is recommended that the landlord review its staff’s training needs in relation to their application of its complaints and compliments policy and the Ombudsman’s expectations as provided in the Complaint Handling Code, to prevent a recurrence of its above failures.