London Borough of Islington (202344546)

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REPORT

COMPLAINT 202344546

Islington Council

28 November 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

  1. The complaint is about the landlord’s response to the resident’s concerns about the condition of the windows and the door at her property.
  2. The landlord’s complaint handling is also considered.

Background

  1. The resident has a secure tenancy that started on 27 April 2018. The property is a one-bedroom, ground floor flat. The landlord is a local authority. The landlord’s records show the resident is vulnerable.
  2. The resident made a complaint to the landlord on 5 January 2024. The resident said that when she moved into her flat, she was told the property would get double glazing. The resident said she had disabilities and respiratory conditions, her home was freezing and despite reporting issues with the windows and doors, she had received no help from the landlord.
  3. The landlord acknowledged receipt of the complaint on the same day.
  4. The landlord provided a stage 1 complaint response on 19 January 2024. The landlord said a surveyor had attended the resident’s property and confirmed no work was required. The landlord said it recognised the resident wanted new windows and it had forwarded her query to the relevant team. The landlord did not uphold the resident’s complaint.
  5. On 22 January 2024 the resident asked for her complaint to be escalated. The landlord acknowledged receipt of the resident’s complaint on 20 January 2024.
  6. The landlord provided a stage 2 complaint response on 16 February 2024. The landlord said it was unable to provide any further information on when the windows and doors at the resident’s property would be replaced. The landlord did not uphold the resident’s complaint.
  7. The resident referred the complaint to this Service on 27 February 2024.

Assessment and findings

Landlord’s response to the response to the resident’s concerns about the condition of the windows and doors at her property

  1. On 27 November 2023 the resident reported to the landlord that there were large gaps around the windows and doors in her property, and the presence of damp and mould. The resident asked when the property would receive doubled glazing. On the day it received the resident’s report the landlord raised a routine repair for a surveyor to attend and carry out an assessment.
  2. The landlord’s repairs policy states that due to the complexity of some types of repairs, it may be necessary to conduct an inspection. The policy states the landlord will attempt to complete a survey or inspection within 10 working days. The landlord acted reasonably in scheduling the survey on receipt of the resident’s report. The repair records show the inspection took place on 5 December 2023, which was within the landlord’s target completion timeline.
  3. The inspection survey recorded that the windows at the property had draught proof strips installed. It noted there was a gap of less than 2 mm at the side of the door and that no damp or mould was found. The survey notes stated that a draft could not be felt and that no works were required.
  4. The resident contacted the landlord on 21 December 2023 as she was dissatisfied with the results of the survey. An internal landlord email sent on the same day stated that a surveyor would not reattend, however, if the resident remained dissatisfied then a glazier could investigate further.
  5. The resident raised a complaint to the landlord on 5 January 2024. The resident said she moved into the flat in 2018 and was told the property would have double glazing installed. The resident said her flat was freezing, and she had reported the condition of the doors and windows numerous times but had not received any help. The resident said she had multiple disabilities, asthma and chronic obstructive pulmonary disease (COPD), and did not want to continue to live in her current conditions.
  6. The resident contacted the landlord on 18 January 2024 about the doors and windows in the property. The resident reiterated that she had COPD and was assisted by carers. The resident said had asked for the gaps around the windows and doors to be addressed as she was on a low income and heating the property was prohibitively expensive. The landlord’s call records state that resident told it she had mental health issues, and she felt suicidal. The landlord told the resident it would investigate it and get back to her. The landlord has provided no evidence that it made a safeguarding assessment or referral after the call.
  7. An internal landlord email sent on 18 January 2024 stated a survey had found that no works were required, and the resident had been advised to speak with ‘the energy advisers’ to see if any further assistance could be offered.
  8. The landlord provided a stage 1 complaint response on 19 January 2024. The landlord said that after the resident reported the gaps around the windows and doors it had arranged a survey. The landlord said the survey found there were already draft strips in place, and did observe there to be cold air coming through the windows. It said that during the visit the resident said she wanted new windows. The landlord said the repairs team did not carry out improvements but would repair existing windows. The landlord said it had forwarded the resident’s query to its major works team. The team would respond to the resident directly regarding any future planned works. The landlord said the survey had confirmed there was no other work that could assist the situation. The landlord did not uphold the resident’s complaint.
  9. The landlord acted unreasonably in telling the resident that it could do nothing further to assist her. The resident had communicated to the landlord that the issues were ongoing and were having a detrimental effect on her physical and mental health. The landlord’s internal correspondence had said a glazier could attend to investigate. The landlord acted unreasonably in not organising this further investigation. It also failed to demonstrate that it sought to make referrals to any relevant support services.
  10. On 22 January 2024 the resident asked for her complaint to be reviewed at stage 2. The resident disputed the findings of the survey and said that her physical and mental health were suffering due to her living conditions. The resident provided photos of the windows and doors to illustrate issues she had reported.
  11. The landlord provided a stage 2 complaint response on 16 February 2024. The landlord said it was unable to provide any further advice as to when the doors and windows in the resident’s property would be replaced. The landlord said it was unable to identify any service failure and did not uphold the resident’s complaint. The landlord provided contact details for organisations that could potentially help if the resident was having trouble paying utility bills. The landlord acted unreasonably in again failing to offer the resident any assistance with the ongoing repair issues she had reported.
  12. The landlord’s repair records show that on 8 March 2024 it raised a work order for an inspection of the windows and doors at the resident’s property. On 15 March 2024 an operative attended to investigate and recommended the windows and trickle vents be overhauled. On 26 March 2024 a further inspection was carried out. The notes from this visit record the works in greater detail and identify where new vents need fitting. The inspections were completed within the landlord’s target response time of 20 working days.
  13. On 6 April 2024 the landlord replaced the draft excluders on the windows and doors and undertook repairs to the windows. The operative advised that vents were not available at that time. The landlord attended on 17 May and 6 June 2024 to continue the works but did not gain access. The landlord raised a job on 7 June 2024 to fit the trickle vents to the window. The works were recorded as completed on 20 June 2024.
  14. The landlord has told this Service that it had not received any further reports of drafts at the property, since the works were completed. There is no evidence to demonstrate the landlord responded to the resident’s query about double glazing.
  15. In summary, the landlord acted reasonably in raising a survey in response to the resident’s reports of disrepair to the windows and doors. However, after the survey was completed, the resident continued to report ongoing issues with drafts and disrepair. The landlord’s response to these reports was inadequate. It told the resident there was nothing further it could do, despite internal landlord correspondence stating a different operative could attend. The landlord’s response caused considerable distress to the resident. There is no evidence that when the resident communicated this distress to the landlord that it undertook a safeguarding referral or assessment. The landlord did subsequently undertake repairs to the windows and has told this Service that there have been no further issues. There is no evidence the landlord provided an update to the resident in response to her query about double glazing. These failings and the resulting impact upon the resident amount to a determination of maladministration by the landlord. Orders are therefore made for the landlord to apologise to the resident and to pay £250 for the time, trouble, distress and inconvenience caused because of these failings. This amount of compensation is calculated in accordance with the Ombudsman’s remedies guidance.

Complaint handling

  1. The resident raised a complaint to the landlord on 5 January 2024. The landlord acknowledged receipt of the complaint on the same day and provided a stage 1 complaint response on 19 January 2024.
  2. The landlord has a 2-stage complaints process. The landlord’s corporate complaints policy states that it will acknowledge a complaint at stage 1 within 5 days of receipt and provide a complaint response with 10 working days of receiving the complaint. The landlord provided a stage 1 complaint acknowledgement and response within its target timeline.
  3. On 22 January 2024 the resident asked to escalate her complaint. The landlord acknowledged receipt of the resident’s escalation request on the same day. The landlord provided a stage 2 complaint response on 16 February 2024.
  4. The landlord’s complaints policy states that at stage 2, the landlord will acknowledge receipt within 3 working days and provide a response within 20 working days of receiving the complaint. The landlord provided a stage 2 complaint acknowledgement and response within its target timeline.
  5. In summary, there was no maladministration in the landlord’s complaint handling.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s response to the resident’s concerns about the condition of windows and doors at her property.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s complaint handling.

Orders and recommendations

  1. Within 4 weeks of the date of this report, the landlord must:
    1. Apologise to the resident in writing for the failings identified in this report.
    2. Pay the resident £250 compensation for the time, trouble, distress and inconvenience caused as a result of the failings in the landlord’s response to the resident’s concerns about the condition of windows and doors at her property.

The compensation should be paid direct to the resident and should not be paid to a rent or service charge account.

  1. Respond in writing to the resident’s query regarding the scheduling of replacement double glazed windows and doors at her property.
  1. The landlord should provide evidence of compliance with these orders within the timescales outlined above.