The Riverside Group Limited (202333075)

REPORT

COMPLAINT 202333075

The Riverside Group Limited

31 October 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

The complaint is about the landlord’s handling of:
1. The resident’s reports of Anti-Social Behaviour (ASB).
2. The resident’s loss of hot water and heating.
3. The resident’s reports of staff conduct.
This Service has also considered the landlord’s handling of the associated complaint.

Background

The resident is an assured tenant under an agreement dated November 2015. He lives in a one bedroom flat in a purpose built block. He is registered as disabled, has previously experienced heart failure, and experiences depression, all of which the landlord is aware.
On 27 January 2023, the resident contacted the landlord about what he felt was a lack of support from its staff, and asked for a hard copy of a complaint form so he could fill it out with various complaint points.
According to the landlord’s records, the resident then contacted it in August 2023 to report ASB from his neighbour in relation to noise disturbance. Additionally, on 18 September 2023, the landlord had to carry out emergency work at the block due to a gas leak, which affected the resident’s heating and hot water.
Between September 2023 and December 2023, the resident raised around four formal complaints. These concerned the landlord’s handling of his ASB complaint, its handling of repairs which he said meant he was left without heating and hot water for over two months, and the conduct of its staff.
The landlord responded at stage one of its complaint process on 18 January 2024. The response encompassed all of the previous complaints raised by the resident. It said:
1. Heating had been off for some time at the block, and its contractor had offered the resident electrical heaters in the interim. It also said that hot water had not been affected, and that when it asked the resident if he had contacted it about any additional costs he had incurred as a result of using electrical heaters, he said he had been unwell and unable to follow up on it.
2. It had discussed ASB with the resident and he told it that since security staff had been implemented at the block, ASB had improved but was still an issue. It reassured the resident that its caseworkers were doing what they could to stop ASB, but were limited in what they could do. It also confirmed that it was supporting the resident’s neighbour, which it said should resolve the issue of noise disturbance.
3. Its staff had met with him face to face previously, but due to his behaviour were reluctant to do so again. It also explained that one of its caseworkers had to cancel a meeting with him due to catching Covid-19 and the resident had told it that if he knew this at the time, he would not have complained.
The resident remained unhappy with the landlord’s response, and requested an escalation of his complaint on 31 January 2024.
The landlord provided its final response on 22 April 2024. It said:
1. It had investigated all of the resident’s ASB reports, and was unable to share all details with the resident due to confidentiality. It also confirmed that it had supported his neighbour following the resident’s ASB complaint, but they had since sadly passed away. It had received a new ASB report from the resident about another neighbour trying to fight with him, and this had been investigated.
2. It would pay the resident £88 in compensation towards his rent arrears for the two electrical heaters he was using while the heating at the block was off.
3. Reiterated that its staff had been reluctant to meet with him due to his past behaviour, and had referred him to its mental health team and his doctor for support.
4. To resolve his complaint, the resident wanted the landlord to install additional CCTV, be moved to a new property, compensation for time and stress, and compensation for the loss of heating. The landlord explained that it could not install additional CCTV due to costs. It also said a move would only be possible via the local authority, and the resident did not meet the criteria. In addition, it did not think that further compensation beyond what it paid out for the electrical heaters was warranted.
5. It confirmed it had agreed with him that a caseworker would contact him once a week going forward.
The resident remains dissatisfied with the landlord’s response. When he contacted this Service on 1 May 2024, he said that he was still experiencing problems with the landlord’s staff, and that ASB was ongoing. In further contact with this Service in October 2024, he said that the landlord had taken no further action on his complaint points. He also explained that to resolve his complaint, he wants the landlord to move him to another property.

Assessment and findings

The landlord’s handling of the resident’s reports of ASB

The landlord’s ASB policy states that it will:
1. Take all complaints of nuisance and anti-social behaviour seriously and respond promptly in an effective and sensitive manner aiming to resolve issues.
2. Consider and where appropriate use intervention methods such as mediation services.
3. Consider and where appropriate offer support to vulnerable residents…who are responsible for anti-social behaviour to try and help modify their behaviour.
The landlord’s records show that when the resident reported noise disturbance from his neighbour in August 2023, it was in regular contact with the neighbour from September 2023 up until March 2024 in an effort to support them and resolve the ASB issues the resident had complained about. This was appropriate, and in line with its ASB policy. However, it is unclear whether the landlord made the resident aware of this at the time. Had it done so, it may have helped to reassure the resident that action was being taken to resolve the problem.
When the resident raised further concerns about an altercation with another neighbour in March 2024, the landlord discussed the incident with both parties, and arranged for mediation to resolve the issue. This was also in adherence to its ASB policy, and the mediation appears to have been successful based on the information provided.
Overall, the landlord responded to the resident’s reports of ASB promptly, and appropriately, in adherence with its ASB policy, and the Ombudsman finds that there was no maladministration by the landlord in its handling of the resident’s reports of ASB.
The resident has raised a number of concerns to the landlord about drug use in the block, but does not appear to have raised an ASB complaint about a specific party in relation to this. A recommendation has therefore been made below for the landlord to contact the resident to check any current ASB concerns he has, explain what information it would need and any action it could take, and confirm with the resident the correct process for making an ASB report.

The landlord’s handling of the resident’s loss of heating and hot water

The landlord’s responsive repairs policy says:
1. Emergency repairs will be attended to within 12 hours. [The landlord] will either complete a repair or carry out a temporary repair to make the situation safe within 12 hours of the repair being reported. If [the landlord] carries out a temporary repair, it will return within a reasonable timeframe to complete the repair. They may include:
  1. complete loss of heating, electricity, hot water, or water supply.
  2. Gas leaks.
The landlord has confirmed that works at the block had to be carried out “reactively” after an “issue” had been discovered with its mains gas supply on 18 September 2023. A temporary fix had to be carried out as an emergency, which meant that the resident was left without hot water and heating while the gas was “capped” by the landlord.
According to the landlord’s repairs summary, on 20 September 2023, a further temporary repair was done to restore the hot water, but the heating was still down. The landlord then delivered electrical heaters to the resident. A quote for full repairs was raised on 27 September 2023, and approved on 20 October 2023. Repair work then started on 30 October 2023, and was completed as part of reactive major works on 17 November 2023.
While the landlord’s initial response to the repairs was reasonable and in line with its repairs policy, and the Ombudsman appreciates there can be many mitigating factors that can affect major repair work, it is unclear why there was a substantial delay in getting a quote approved for the works. This impacted the repair timescales, and meant that a full repair was not completed for almost three months, which was not a reasonable time for the resident to be left without working heating. It is noted that the landlord provided electrical heaters, but these are expensive to run, and not a substitute for central heating over a prolonged period.
In its response to the resident’s complaint, the landlord also stated that hot water at the block had not been affected. However, this was incorrect according to its own overview of repairs which states that hot water was down from 18 September 2023, until 20 September 2023.
Overall, the landlord did not complete repairs in adherence with its responsive repairs policy, with avoidable delays in both getting quotes approved and repairs completed. Subsequently, the Ombudsman finds that there was maladministration by the landlord in its handling of the resident’s loss of hot water and heating, for which the landlord will be ordered to pay an appropriate remedy.
The landlord’s compensation policy sets out that it may make a redress payment between £0 and £250 for “low impact” failures which have caused minor inconvenience or distress to a resident.
The landlord paid £88 towards the resident’s rent arrears for the use of two heaters. However, it has not addressed the length of time the resident was left without proper heating or hot water. The landlord has therefore been ordered to pay the resident an additional £250 in compensation, to recognise the inconvenience caused to him. This is in line with its own compensation policy, and the Ombudsman’s remedies guidance for failures which a landlord has made some attempt to put right, but failed to address the detriment to a resident.

The landlord’s handling of the resident’s reports of staff conduct

This Service can look at whether the landlord responded fairly and appropriately to the resident’s complaints about staff conduct. What we cannot do, however, is order the landlord to take disciplinary action against individual staff members or dismiss them.
Based on the evidence available, the landlord investigated the resident’s concerns and spoke with the relevant staff involved. The landlord also addressed the issue in its final response, and provided the resident with an explanation of its findings. On this basis, the landlord’s response to the allegations about its staff was reasonable and the landlord appropriately investigated the issue as part of the resident’s complaint. Therefore, the Ombudsman finds there was no maladministration by the landlord in its handling of the resident’s reports of staff conduct.

The landlord’s handling of the associated complaint

The Ombudsman’s Complaint Handling Code (Code) is a guidance document that sets out the Ombudsman’s expectations for how landlords should handle complaints. The Code encourages landlords to adopt a positive complaint handling culture that enables them to resolve disputes, improve the quality of the service it provides to residents and ensure that complaints provide an opportunity for learning and positive improvement.
The landlord operates a two-stage complaints process. In line with the Code, the landlord must acknowledge a complaint at stage one of its process within five working days and supply a written response within 10 working days from the date of acknowledgement. It must also acknowledge a stage two complaint within five working days and supply a written response within 20 working days.
Between January and November 2023, the landlord recorded four separate stage one complaints for the resident. The first in January 2023 was about what the resident felt was a lack of support from the landlord’s staff. The second in September 2023 included no complaint points, but the resident told the landlord he wanted someone to visit him and talk about the issues he had been reporting. The third in October 2023 and fourth in November 2023 related to delayed repairs and lack of heating.
The information provided by the landlord indicates that there was some confusion when processing the resident’s complaints. In some instances complaints were recorded when he had not raised any complaint points, in others, duplicate complaints were raised for the same issues. The landlord subsequently arranged a meeting with the resident in January 2024 to clarify what issues he was unhappy with. This was a reasonable approach by the landlord, given the amount of correspondence between it and the resident, and the clear confusion that had arisen over determining the appropriate complaint points.
It subsequently issued a stage one acknowledgment on 12 January 2024, and a stage one response on 18 January 2024, in which it combined all of the resident’s separate complaints. However, despite attempting to combine the complaints and clarify the issues that the resident was unhappy with, the landlord went on to raise various acknowledgments and responses that were unnecessary. These included:
1. A stage one acknowledgment on 24 January 2024 for the resident’s ASB concerns.
2. A stage one response on 6 February 2024 for the resident’s concerns about lack of heating.
3. A stage two response on 22 February 2024 about the resident’s ASB concerns.
This seems to have added further confusion to the complaints process, and it is unclear why so many separate stage one responses were issued following the landlord’s previous intervention. A revised stage two response encompassing all of the resident’s separate complaint points was issued by the landlord on 22 April 2024, however this was only after intervention by the Ombudsman. It is also noted that the landlord raised concerns internally that the resident was not following its ASB reporting process correctly, and was instead raising a formal complaint every time he contacted it about ASB. Nevertheless, there is no information to show that this was explained to the resident, and the responsibility for recording the resident’s concerns correctly was the landlord’s.
While this Service understands that multiple communications regarding separate complaint points can cause confusion, overall, the landlord failed to manage the resident’s complaints appropriately and in adherence with both the Code and its own complaints policy. This meant that the resident was delayed in bringing his complaint to this Service within a reasonable length of time. Therefore, there was service failure by the landlord in its handling of the resident’s complaint.
Compensation of £50 has been awarded to recognise the unnecessary delays in the resident’s complaints journey, caused by the landlord. This is in line with the landlord’s compensation policy for “low impact” failures, and the Ombudsman’s remedies guidance for failures that a landlord has failed to appropriately acknowledge.
An order has also been made for the landlord to review how it logs formal complaints, in order to make sure the failings identified in this report do not reoccur.
The resident has previously advised both the landlord and this Service that he would like to be moved to a different property in a different area as part of the resolution to his complaint. We are unable to order the landlord to rehouse the resident, as we would not make an order which could lead to the resident being unfairly prioritised over other residents who may have a greater need or priority. However, we have assessed whether or not the landlord considered the resident’s request to be rehoused within its overall handling of his complaints.
It is noted in the information available that the landlord advised the resident a move would only be possible through his local authority. It also explained that current requirements for housing in the borough are that a resident must be currently residing in the area, and have been residing there for five years, and the resident did not meet this requirement as of April 2024. This was reasonable, however a recommendation has been made for the landlord to assist the resident in contacting his local authority by providing him with the relevant contact information, and offering any appropriate assistance in making a housing application.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s reports of ASB.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, the landlord was responsible for maladministration in its handling of the resident’s loss of heating and hot water.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s reports of staff conduct.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, the landlord was responsible for service failure in its handling of the associated complaint.

Orders and Recommendations

Orders

Within four weeks, the landlord is ordered to pay the resident a total of £300 in compensation. This should be paid directly to the resident, and not offset against any arrears. The compensation comprises of:
1. £250 for its failures in regard to the resident’s loss of heating and hot water.
2. £50 for its failures in handling the associated complaint.
Within eight weeks, the landlord must review how it logs formal complaints, to avoid the errors identified in this report reoccurring, and ensure the process is clear for residents. It must provide the findings of its review to the Ombudsman.
The landlord must provide the Ombudsman with evidence of compliance with the above orders.

Recommendations

The landlord should contact the resident to check any current ASB concerns he has, explain what information it would need and any action it could take, and confirm with the resident the correct process for making an ASB report.
The landlord should provide the resident with relevant contact information for his local authority and offer any appropriate assistance in making a rehousing application.