Nottingham Community Housing Association Limited (202009349)

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REPORT

COMPLAINT 202009349

Nottingham Community Housing Association Limited

18 October 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint is about the landlord’s handling of concerns the resident raised about the style of bath installed during a bathroom upgrade.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident is a tenant of the landlord. The resident lives in the property with her daughter who has additional needs. The resident’s daughter was struggling to use the bathing facilities and so, in a report to the landlord on 9 September 2019, an occupational therapist recommended that an electric shower should be fitted as well as grab rails.
  2. As the resident’s bathroom suite was due for renewal the following year, the landlord decided to carry out the adaptation works and the bathroom replacement at the same time to minimise disruption. The works were completed on 11 December 2019.
  3. On the 15 January 2020, the resident contacted the landlord. She advised the bathroom replacement works had been completed to a good standard but that she was dissatisfied with the replacement bath. She explained that she wanted a straight metal bath, the landlord had installed a moulded, plastic bath. The resident explained the change has meant her daughter will not wash and that this is distressing for her. The resident states than in an earlier conversation with the landlord on 23 September 2019, that she had sought assurances that the bath be replaced like for like.
  4. The complaint was logged and acknowledged by the landlord on the same day. The landlord advised the acknowledgement letter included a complaints information sheet which detailed what the resident should do if they remained dissatisfied after receiving their response.
  5. The landlord issued a response to the complaint on 16 January 2020. The landlord advised that it no longer fits metal baths, it fits baths to a standard specification and therefore there is not the option to choose a type of bath. The landlord advised the works had been carried out to a high standard but agreed to arrange an inspection on 24 January 2020.
  6. The landlord confirmed that a Technical Inspector attended the property on 24 January 2020. The landlord advised there was no report to either be produced or sent to the resident, and that they had attended to assess the works. The inspector reported his findings back to the landlord by email, advising the bathroom had been completed to a high standard, that the bath was of the same length and width as the previous bath, that the internal mouldings may be slightly different but that it was the standard bath fitted in all the landlord’s properties.
  7. The resident contacted this Service on 23 November 2020. The resident advised her complaint concerns the style of bath installed during the bathroom upgrade. The resident states the new bath is a different shape, is narrower and she is unable to lie down in it. She explained the change has meant her daughter will not wash and that they have to go to her parent’s house to use their bath. This Service then contacted the landlord to request that it investigate the resident’s complaint.
  8. The landlord contacted this Service on 15 January 2021, providing a copy of the Stage One response dated 16 January 2020. It confirmed it had contacted the resident following contact from the Ombudsman, and that it had explained the complaints process to the resident. The landlord stated it had advised the resident to request another OT report if her and her daughter are unable to use the bath.
  9. The resident contacted this Service on 21 March 2021, confirming they had received the landlord’s stage one response in January 2020. The resident stated that if they had been aware that they would not get to choose their bath, that they would have asked to keep their old bath. The resident emphasised that the situation was negatively impacting her and her daughter’s mental health.
  10. This Service contacted the landlord on 1 June 2021 and asked that the landlord either escalate the matter to Stage Two or to confirm that the complaint has exhausted the complaints process and so the resident could escalate the case to this Service.
  11. On 3 June 2021, the landlord confirmed that the complaint had been closed as the landlord did not receive a request from the resident to escalate their complaint. The landlord confirmed that the resident had exhausted the complaints process and could escalate the case to the Ombudsman.
  12. On 1 July 2021 and 9 August 2021, the resident contacted this Service and confirmed as a resolution she is seeking for the original bath to be reinstalled. She advised her daughter feels unable to use the current bath which has led to hygiene issues.
  13. In a call to this Service on 15 September 2021, the resident confirmed she has been very upset by the situation. When asked if she had requested to escalate the complaint, the resident advised she had not. The resident explained she contacted Citizens Advice in April 2020, who had advised that she call the landlord about her concerns. The landlord confirmed that the resident spoke with its Customer Contact Team on 3 April 2020 and that she stated she would call the landlord in a few weeks about the bath. The landlord advised there are no contact notes to indicate that the resident contacted the landlord about the bath again.

Reasons

  1. Paragraph 39(e) of the Housing Ombudsman Scheme states that

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising; complaints should be made to the landlord within six months of an issue’s occurrence.

  1. The landlord issued the resident with a Stage One response on 16 January 2020. The resident then contacted the Ombudsman on the 23 November 2020, over 11 months later, explaining they were dissatisfied with the landlord’s response.
  2. The Ombudsman accepts that the resident may have been expecting an outcome following the landlord’s attendance on 24 January 2020, however the resident did not contact the landlord until April 2020. During this call, the resident advised they would contact the landlord in a few weeks about the bath. The resident did not escalate their complaint to Stage Two in this time. The landlord confirmed that although the Stage One response did not detail how to escalate the matter to Stage Two, that this information was given on a complaints information sheet provided alongside an acknowledgement that was posted to the resident after she raised a complaint.
  3. Complaints, including complaint escalation requests, should be made within 6 months of an issue’s occurrence and therefore the Ombudsman does not find it reasonable that the resident did not request that their complaint be escalated and contacted the Ombudsman 11 months after receiving their Stage One response. Therefore, in accordance with paragraph 39 (e) of the Scheme, the Ombudsman cannot consider this complaint.
  4. This Service accepts that this is likely to be a disappointing outcome for the resident. The impact on the resident and her daughter is not in dispute. As advised by the landlord, the resident may wish to consult an occupational therapist about requesting an assessment for adaptations and support for her daughter with the new bathing facilities. The resident may also wish to seek support from their local Mind branch: Welcome to Nottinghamshire Mind – for better mental health