Stoke-on-Trent City Council (202004616)

REPORT

COMPLAINT 202004616

Stoke-on-Trent City Council

31 March 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 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 the landlord’s:
1. Response to the resident’s reports of damp and outstanding repairs at her property.
2. Complaint handling.

Background

The resident is a tenant of the landlord of a house, and she lives with her two children who have vulnerabilities, of which the landlord has been made aware.
The landlord’s records showed that, in March 2020, the resident reported draughty and damaged windows and mould at her property affecting her vulnerable household to it, but that its job for this was cancelled. It then recorded that she re-reported damp and mould in her bathroom and bedrooms to it, as well as a new water leak in her loft and other repairs to it in July 2020, which it attended in July 2020. The landlord noted that its subsequently raised further inspections for the loft leak in August 2020, but that it was not given the access that it required to the resident’s neighbour’s property for this, and so it checked her roof again in September 2020.
In August 2020, the resident raised a stage one complaint with the landlord, as she said that there were outstanding works at her property, which included holes in the bathroom and roof. She also requested a damp and mould inspection of the property by it, as she said that there was still damp there. The landlord’s records say that such an inspection was raised for 8 September 2020, and that any outstanding repairs found at the property would be logged. This Service requested a copy of the landlord’s stage one complaint response for details of what repairs were agreed, but it confirmed that the complaint was resolved at stage one via telephone only.
On 30 July 2021, after originally advising the resident in June 2021 to escalate her dissatisfaction with her previous damp and repairs complaint from 2020, which she did on 6 July 2021, the landlord opened a new stage one complaint about this for her. In the latest complaint, she said that there was still damp throughout the property that it had only measured and not taken any action for, which was damaging the plaster and decorations that had already been damaged by water previously leaking from the holes in the roof. The resident added that this was affecting her daughter’s acute asthma, but that she had no feedback from the landlord about the damp inspection that it had carried out in September 2020.
The resident also said that a number of other repairs were outstanding to the house and garden that she had originally reported in March 2020, including a fence and gate to make her garden safe for her son’s learning difficulties, draughty windows, a hole above the back door, and a dripping and poorly flushing toilet. As her son’s disability meant that she had caring and childcare responsibilities, she requested prior notice of appointments.
The order of the subsequent events in August 2021 is unclear from the landlord’s records, but its internal emails show that its surveyor was dealing with the resident’s latest complaint, and that they referred to it previously having difficulties arranging access to the property. The surveyor therefore sought to do so in order to inspect her property and arrange works there by attending to request her permission for this in person, and leaving her a letter asking for her permission if she did not answer the door. However, the resident also contacted the landlord again in August 2021, as she was not happy that the surveyor and its other operatives had turned up at her property unannounced, but she confirmed in September 2021 that they had agreed to carry out a number of repairs.
The results of the landlord’s surveyor’s inspection of the resident’s property noted that there were no signs of moisture or mould on walls and skirting boards in the lounge, and a high moisture reading on the lower walls and skirting boards of the rear porch and ground floor toilet, but no significant signs of moisture or corroded plaster. It also said that there was speckled mould to silicone around the window frames possibly due to damaged window seals, water damaged upstairs surfaces from a previous roof leak, a loose floorboard, missing external mortar and breached floor vents, and a missing side fence panel and gate.
This Service requested a copy of the landlord’s latest stage one complaint response in order to confirm which of the above repairs it had agreed to complete. However, it again confirmed that, as the complaint was resolved on site during the surveyor’s visit, no formal complaint response was sent for this complaint either.
Following contact from this Service at the resident’s request in August 2021, however, the landlord escalated her latest complaint to the final stage of its complaints procedure on 2 September 2021.This was because she had said that its operatives had turned up unannounced at her property on four occasions after it had agreed to notify her prior to any repair visits due to her personal circumstances. This was also because the repairs at the resident’s property were still outstanding, for which the landlord recorded that it was declined access by her on 4 October 2021 as it was inconvenient.
In its subsequent final stage complaint response on 19 October 2021, the landlord apologised for the repair delays that the resident had experienced, and for any upset and stress that she had been feeling. It confirmed that its head of repairs had visited her on 15 October 2021, and that they had agreed to carry out a programme of repairs to address all of the outstanding works at her property at mutually convenient times over the next few months, which would commence in mid-November 2021. The landlord outlined that these would include replastering walls and ceilings, easing a door and re-fixing a floorboard on the landing, insulating and re-tiling the floor of the downstairs toilet, supplying a rear garden fence, and reviewing the condition of the garden.
The resident nevertheless complained to this Service in November2021, as she was dissatisfied with how the landlord handled her complaint, with its final stage complaint response not addressing the outstanding damp and mould, toilet, or remaining garden repairs, and the works that it had agreed to still being incomplete. She added that its operatives had continued to arrive at her property without arranging prior appointments, despite this being necessary due to her son’s disabilities, which was causing her stress.
In February 2022, the resident told this Service that she was still experiencing difficulty getting the landlord to complete the repairs because it was just sending her text messages with appointment times, rather than contacting her to agree mutually convenient times. She also raised some new additional repair and redecoration issues that, following contact from this Service, it opened a new stage one complaint to address. The landlord then confirmed to this Service that the repairs agreed in its 2021 final stage complaint response were all completed by the end of December 2021, with the exception of plastering in the living room, which it said was cancelled by the resident.

Assessment and findings

The landlord’s response to the resident’s reports of damp and outstanding repairs at her property

The landlord’s repairs and maintenance policy obliges it to attend routine repairs where there is not an immediate and serious risk to people or property at mutually agreed appointments with the resident, within an unspecified timescale, but informing her in advance when it will attend. It is nevertheless of concern that it did not attend her initial report in March 2020 of mould affecting her vulnerable household at her property until after she re-reported this to it four months later in July 2020. The landlord also did not inspect the draughty and damaged windows that the resident reported to it in March 2020 until at least 8 September 2020, which was inappropriate, although it did attend the water leak in her loft that she reported to it in July 2020 at the time and subsequently.
When the resident raised her stage one complaints about damp and outstanding repairs at her property in August 2020 and July 2021, the landlord additionally took appropriate steps inspect the property for both issues in September 2020 and August 2021, respectively. However, although the date of the former inspection on 8 September 2020, and the findings from the latter inspection, are included in its records, it is not clear what the former found or what the date was when the latter took place. Although the resident confirmed in September 2021 that the landlord had agreed to carry out a number of unspecified repairs from those listed as found by the latter inspection.
However, no stage one complaint responses were issued for either of the resident’s complaints, which is covered in the below complaint handling section of this report. As the landlord also failed to keep any other record of what action it agreed to take after either of its above inspections, it is unclear what repairs it agreed to carry out, with its subsequent repair records not showing any jobs being raised for these either, which was unreasonable.
The resident’s stage one complaints, her subsequent final stage complaint in September 2021, and the landlord’s records confirmed that her son’s disability and associated care needs meant that she needed prior notice from it of any repair appointments, as required by its repairs and maintenance policy. Therefore, it should have contacted her in advance to make appointments. However, the landlord reportedly failed to ensure it contacted the resident to confirm appointments so that it continued to arrive at the property unannounced, including on at least four occasions in August 2021 and subsequently, at times which were inconvenient for her that she found stressful.
Once the resident’s final stage complaint was escalated, the landlord took appropriate steps to re-inspect the property in October 2021, and to agree to a programme of repairs at mutually convenient times with her. This included replastering, door, floorboard, insulating, re-tiling and rear garden fence works found by its surveyor, who also found no significant moisture or mould at the property. The landlord’s final stage complaint response on 19 October 2021 therefore appropriately apologised to the resident for the delay in addressing the outstanding repairs at her property, and confirmed that the programme of repairs would start in mid-November 2021, which it then completed by the end of December 2021.
The landlord’s records also showed that its surveyor made reasonable attempts to contact the resident to re-inspect her property and arrange works there in August 2021. They did so by attending to request her permission for this in person, and by leaving her a letter asking for her permission if she did not answer the door, and it recorded that it was subsequently declined access by her on 4 October 2021 as it was inconvenient. Therefore, the landlord was not fully responsible for all of the inspection and repair delays that the resident experienced from it at that time, although it was still responsible for informing her of its attendances in advance under its repairs and maintenance policy.
The delays in attending, inspecting and carrying out the outstanding repairs to her property that the resident experienced included the following. A mould attendance between March and July 2020, a window inspection between March and at least September 2020, damp and mould and plastering works from at least September 2020 to December 2021, and garden, back door and toilet repairs from at least July to December 2021.The landlord also failed to keep accurate records of the repairs that were agreed from September 2020 to August 2021, and failed to contact the resident prior to appointments despite agreeing and being required to do so for her vulnerable household.
The resulting distress and inconvenience caused to the resident and her household would additionally have been further increased by her daughter’s acute asthma, which she reported as being affected by the damp and mould at her property from July 2021 until the landlord’s works for this in December 2021.There were therefore multiple failings by it in relation to repair delays, record keeping and communication that were increased by her household’s circumstances. Although the landlord apologised for this in its final stage complaint response, it was a further failing on its part that it did not consider offering the resident any other form of redress for the failings identified.
This was despite the landlord’s tenant and leaseholder compensation policy giving it discretion to consider offering the resident financial compensation where its service delivery failings caused her exceptional inconvenience and stress, as well as outlining that it had a separate process for personal injuries as a result of its acts or omissions. Therefore, it has been ordered below to pay her £600 compensation for its failings in respect of its response to her reports of damp and outstanding repairs at her property.
This is in line with this Service’s remedies guidance’s recommendation of compensation from £600 for failure that had a significant impact on the resident, and when the redress needed to put things right is substantial. This award has taken into account that she began reporting her daughter’s vulnerability to the landlord from July 2021 rather than from the outset of the case, that there was no supporting evidence provided for this, and that it was not fully responsible for all of the inspection and repair delays from August 2021 onwards. Its surveyor finding no significant moisture or mould, its acknowledgement of and apology for its delays and their effect on the resident, and its completion of the repairs by December 2021 have also been considered.
The landlord has additionally been ordered below to provide the resident with details to enable her to submit a liability claim to it for any personal injury experienced by her daughter from its repair delays in accordance with its process for doing so. Moreover, it has been ordered below to review its processes and its staff’s training needs in respect of timeliness, record keeping and communication when applying its repairs and maintenance policy, in order to ensure that its failings in the resident’s damp and repairs case do not occur again in the future.

The landlord’s complaint handling

This Service’s complaint handling code states that, at the completion of each stage of the complaints process, the landlord should write to the resident advising the following:
1. the complaint stage
2. the complaint definition
3. the decision on the complaint
4. the reasons for any decisions made
5. the details of any remedy offered to put things right
6. details of any outstanding actions
7. details of how to escalate the matter if dissatisfied.
The complaint handling code also states that “A full record must be kept of the complaint, any review and the outcomes at each stage. This must include the original complaint and the date received; all correspondence with the resident, correspondence with other parties and any reports or surveys prepared.”
The landlord has confirmed that no written stage one complaint responses were issued for either of the resident’s complaints, and it has been outlined above that there were no full records of the information required by this Service’s complaint handling code for both complaints. Therefore, there were also multiple failings on its part in respect of its complaint handling in her case. The failure to provide stage one complaint responses further meant that the resident was not provided with written details as to how to escalate the complaint or to approach this Service.
The landlord’s failure to keep full records of the resident’s stage one complaints additionally meant that, when this Service investigated her complaint, there was no record of the outcomes at stage one, or exactly what repairs it had agreed to carry out.
The complaint handling code also states that “Landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.” As no stage one complaint responses were issued, it is not possible to assess whether the landlord did so, or addressed the issue of why the repairs that were agreed in 2020 had not been carried out. It is also not possible to assess whether the resident’s stage one complaints were responded to within the 10 working days detailed in its compliments, comments and complaints procedure.
This meant that there were multiple failings by the landlord identified in respect of its complaint handling, which its final stage complaint response did not acknowledge or consider offering any redress for. Therefore, it has been ordered below to apologise to and pay the resident £400 compensation for these failings, which is in addition to the £600 ordered for its above failings in handling her damp and repairs case. This is in line with this Service’s remedies guidance’s recommendation of total compensation from £1,000 for cases where there have been serious failings by the landlord, which have had a seriously detrimental severe long-term impact on the resident.
This is because the landlord twice failed to issue the resident with stage one complaint responses or to keep records of these, and this contributed to the multiple delays that she experienced from it in its responses to her damp and repair reports, despite the vulnerabilities in her household that she reported to it. It has therefore also been ordered below to review its processes and its staff’s training needs in respect of the application of its compliments, comments and complaints procedure, and of this Service’s complaint handling code and remedies guidance. This is in order to ensure that the landlord’s failures in handling the resident’s complaint do not occur again in the future.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its response to the resident’s reports of damp and outstanding repairs at her property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration by the landlord in respect of its complaint handling.

Orders

The landlord is ordered to:
1. Write to the resident within four weeks to apologise to her for its multiple complaint handling failures in her case.
2. Pay the resident £1,000 total compensation within four weeks, which is broken down into:
  1. £600 for its repair delay, record keeping and communication failings in respect of its response to her reports of damp and outstanding repairs at her property.
  2. £400 for its poor complaint handling.
3. Review its processes and its staff’s training needs in respect of timeliness, record keeping and communication when applying its repairs and maintenance policy, in order to ensure that its failings in the resident’s damp and repairs case do not occur again in the future.
4. Review its processes and its staff’s training needs in respect of the application of its compliments, comments and complaints procedure, and of this Service’s complaint handling code at https://www.housing-ombudsman.org.uk/landlords-info/complaint-handling-code/ and remedies guidance at https://www.housing-ombudsman.org.uk/about-us/corporate-information/policies/dispute-resolution/policy-on-remedies/. This is in order to ensure that its failures in handling the resident’s complaint do not occur again in the future.
The landlord shall contact this Service within four weeks to confirm that it has complied with the above orders.