The Community Housing Group Limited (202410088)
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Decision |
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Case ID |
202410088 |
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Decision type |
Investigation |
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Landlord |
The Community Housing Group Limited |
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Landlord type |
Housing Association |
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Occupancy |
Assured Tenancy |
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Date |
26 February 2026 |
Background
- The resident in this case lives in the property with his partner, and we will refer to them both as ‘the resident’ in this report. Both individuals have had ongoing health issues since 2017, and the resident has PTSD. The resident received 2 malicious letters from their neighbour in December 2023, and they reported the incidents to the landlord and the police. The resident complained about the landlord’s handling of the reports and completed its complaints process in April 2024. They remained unhappy and brought their complaint to this Service in September 2024.
What the complaint is about
- The complaint is about the landlord’s handling of:
- Reports of ASB.
- Fitting a fireproof letterbox.
- The landlord’s handling of the associated complaint.
Our decision (determination)
- There was Maladministration in the landlord’s handling of the reported ASB.
- There was Service failure in the landlord’s handling of the installation of the letterbox.
- There was Service failure in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
The ASB
- The landlord did not address the reports of further ASB incidents correctly or in line with its published policy and caused avoidable uncertainty and distress to the resident. As a result, the landlord did not provide adequate resolution to this ongoing ASB issues or provide adequate reassurances to the resident.
The letterbox
- The landlord acknowledged the impact the delays had on the resident and offered compensatory redress for this. The redress provided was appropriate for the level of failing. However, it did not identify or embed learning to prevent such failings from occurring in the future.
The complaint
- The landlord provided timely responses to the resident, but these responses lacked clarity on how it was managing the ongoing ASB issues and how it was going to provide a lasting and meaningful resolution. Whilst the landlord did identify areas of learning, it did not identify failings in its handling of the ASB and as such did not explain how it would implement service improvements in this area. In addition, it highlighted the need for mediation in its responses but took an unreasonable amount of time to provide this.
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.
Orders
Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 27 March 2026 |
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2 |
Compensation order The landlord must provide evidence that it has paid directly to the resident £400 in compensation for the distress and inconvenience caused by its failings in its handling of reports of ASB. The landlord must provide evidence that it has paid the previously offered compensation of £150 or pay this sum directly to the resident in compensation for the impact of its delays in installing the fireproof letterbox. The landlord must provide evidence that it has paid the previously offered compensation of £50 or pay this sum directly to the resident in compensation for the impact of its failings in its complaint handling. |
No later than 27 March 2026 |
Our investigation
The complaint procedure
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Date |
What happened |
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Event prior to the complaint |
Prior to the complaint logged in March 2024, the resident had completed the landlord’s internal complaints process in December 2023. These complaints were also themed around the ASB issues and a request for the landlord to reimburse the resident for the cost of erecting a fence in their front garden. |
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8 March 2024 |
This Service has not had sight of a copy of the resident’s complaint logged on this date but the landlord provided a detailed acknowledgment response and summarised the residents points. As there was no follow-up from the resident, we have concluded that the landlord captured all the points the resident wished to raise. |
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11 March 2024 |
The landlord acknowledged the resident’s complaint and promised to issue a response by 22 March 2024. It also summarised the resident’s points as:
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21 March 2024 |
The landlord issued its stage 1 response, and it said:
– It had already offered £150 as a goodwill gesture for a privacy fence. – It could not honour the “rent-free” request. – It noted the resident later said on 23 February they no longer wished to move, despite earlier discussions about moving costs.
– £50 for the letterbox installation delay. – £50 for the delay providing ASB Case Review information. – £50 for not logging the good neighbour case. |
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25 March 2024 |
The resident submitted an escalation request to the landlord, which said:
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2 April 2024 |
The landlord issued its escalation request acknowledgement, and it said that it had received the resident’s handwritten letter dated the 25 March 2024. It understood the resident wished for the following points to be investigated again:
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24 April 2024 |
The landlord issued its stage 2 response, and it said:
Regarding the 8-week delay in fitting the fireproof letterbox, it said that it recognises:
Regarding the risk of ongoing safety issues, it said:
Regarding police involvement, it said:
Regarding the resident’s reported behaviour, it said:
Regarding the alleged data breach, it said:
Regarding the delays in offering mediation, it said:
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Referral to the Ombudsman |
The resident brought their complaint to this Service, and said they were still unhappy with the landlord’s handling of:
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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.
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Complaint |
The landlord’s handling of the reported ASB |
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Finding |
Maladministration |
What we have not investigated and why
- We understand the resident reported the incident of the malicious letters to the police. We can see the resident raised their concerns regarding the police officer’s response with West Mercia Police’s Professional Standards Committee. This Service has no jurisdiction to investigate complaint regarding police conduct and therefore we have not investigated this particular aspect of complaint further.
- The resident also raised concerns about an alleged data protection breach, relating to information the landlord shared about a neighbour. While the landlord considered and addressed this matter within its complaint responses, the concern did not relate to the resident’s own personal data. Complaints regarding alleged breaches of the Data Protection Act are outside the jurisdiction of this Service and should be directed to the Information Commissioners Office.
What we have investigated
- Having considered the information supplied to this investigation, it is important to note that it is not this Service’s role to determine whether ASB occurred or, if it did, who was responsible. What the Ombudsman can assess is how a landlord has dealt with the reports it had received and whether it had followed proper procedure, followed good practice, and behaved reasonably, taking account all of the circumstances of the case.
- Evidence shows the landlord did not agree with the level of risk perceived by the resident following events in December 2023. While the resident reported feeling unsafe, the landlord did not complete a vulnerability risk assessment in response to these concerns.
- During discussions with the resident, the landlord stated it sought to reassure them through the offer of the fireproof letterbox. The landlord also advised that the resident was at “no greater risk than prior to the incident” and confirmed that the emergency replacement of the letterbox was intended as a “measure to reassure”, rather than a response to an assessed safety risk.
- The landlord told the resident that the situation had been assessed by police and that officer assigned to the case agreed with the landlords finding. They said this was because the neighbour had not posted any further letters. But this assessment did not provide adequate reassurance to the resident.
- The resident reported that this response increased their concerns about personal safety and described experiencing elevated stress levels. As a result, the resident said that they felt unable to remain in the property overnight between 18 December 2023 and 12 February 2024 and stayed at their son’s home during this period.
- The landlords own records demonstrate that it recognised shortcomings in its handling of early ASB reports. In a letter dated 20 December 2023, the landlord acknowledged that mediation should have been offered at an earlier stage and apologised for this oversight. While the landlord indicated it remained open to exploring ways to alleviate ongoing issues, it did not progress with mediation until 2025.
- The landlord has advised this Service that it did not treat the reports of malicious letters as “ASB”, stating the resident’s concerns did not meet its threshold to open an ASB case and were instead managed under its Good Neighbour Procedure. However, this position is not clearly reflected in the landlord’s complaint responses, which repeatedly refer to “ASB incidents”, “ASB updates” and “partnership working in relation to ASB”. Additionally, it awarded compensation for “ASB-related service failings”.
- We understand this confusion may have stemmed from historic references to ongoing ASB issues with the resident’s neighbours. This inconsistency, however, still created a lack of clarity regarding how the landlord was managing the residents reports and which procedures were being applied. This miscommunication ultimately resulted in avoidable uncertainty and confusion for the resident.
- The landlord was aware of the resident reported vulnerabilities and concerns regarding personal safety but did not complete a vulnerability risk assessment or action plan in line with its procedures.
- When considered cumulatively, this Service finds Maladministration in the landlord’s handling of the reported ASB. An order has been made in respect of this.
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Complaint |
The handling of fitting a fireproof letterbox |
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Finding |
Service failure |
- The landlord raised emergency works for the letterbox to be replaced on 18 December 2023, and it did not complete the replacement until 13 February 2024. The landlord acknowledged the delays in replacing the letterbox and for the lack of contact to the resident during this time. It apologised for the inconvenience and distress caused and increased its offer of compensation to £150. This amount was reasonable and proportionate to the impact of the service failing identified.
- However, while the landlord states that outcomes had been identified, it did not clearly demonstrate what learning had been taken from the case and what changes had been or would be implemented to prevent a recurrence of similar delays or communication failures in the future. As such, while the compensation offered was reasonable, the landlord did not clearly demonstrate what it had learned from its failings. Therefore, we find Service Failure in the landlord’s handling of this matter.
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Complaint |
The handling of the complaint |
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Finding |
Service failure |
- The landlord’s complaint responses demonstrate the resident raised a wide range of issues, including concerns about ASB, personal safety, communication with partner agencies, compensation and impact on health and wellbeing. While the landlord listed these issues within its responses and it gave comprehensive responses, the resident told us that they felt it was not always clear how each point had been considered.
- The landlord’s complaint handling also lacked consistency in how the underlying issues were described. In its complaint responses, the landlord referred to ASB incidents and ASB-related actions, while later advising this Service that the matter had not been treated as ASB at the time. The resident indicated to us that this inconsistency was not clearly explained during the complaints process and therefore caused confusion about how their concerns were being managed.
- Although the landlord acknowledged certain service failings and offered compensation, its responses did not consistently explain the rationale for key decisions, including why key requests were declined or why specific processes were not undertaken. The resident told us they were left feeling confused as to how the landlord had reached its conclusions.
- The landlord identified areas for learning and acknowledged that aspects of its handling of elements of complaint could have been improved and offered £50 for these failings. However, areas of learning did not cover the landlord’s handling of the ASB report. As such, a finding of reasonable redress cannot be made but we consider the sum of £50 to be proportionate to the level of time and trouble caused and so no further financial remedy is required.
- In light of the above, the Ombudsman finds Service failure in the landlord’s handling of the complaint. While the landlord engaged well with the complaints process and provided timely responses at each stage, there were some shortcomings in clarity, consistency, and explanations. We order the landlord to pay the resident £50 it has previously offered, if it has not already done so.
Learning
- It is important to evidence a positive culture to learning and to use the complaints process to identify areas of improvement in communications. Within this case, the landlord identified some areas of learning but did not set out or commit to ways to prevent such failings happening in the future against all acknowledged failings.
Communication
- Whilst the communication was prompt and professional, the investigation surfaced issues with clarity and repetition which the resident reported as having promoted uncertainty.
Knowledge information management (record keeping)
- The original complaint was not provided to this Service. In order to provide a full and fair assessment of the evidence, it is important for the landlord to provide evidence of every stage of the complaint process.