Tower Hamlets Community Housing (202309641)

REPORT

COMPLAINT 202309641

Tower Hamlets Community Housing

31 January 2025

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. Alleged anti-social behaviour (ASB).
2. The associated complaint.

Background

The resident is an assured tenant of the landlord’s since 2004. The property is a 1-bed flat within a block.
On 8 May 2023 a member’s enquiry from a local councillor was sent to the landlord on behalf of the resident. The enquiry said the resident had been experiencing excessive noise from a neighbour in the property above her own. Nuisance from excessive noise is a form of ASB. The landlord responded to the local councillor on 25 May 2023.
The resident complained to the landlord on 12 June 2023. She said she had been experiencing noise nuisance from a neighbour for the past 7 years. The resident said the ASB was affecting her mental health.
The Ombudsman intervened on 21 July 2023 and asked the landlord to respond to the resident’s complaint. The landlord replied at stage 1 of its internal complaints process on 28 July 2023. It said it would arrange a meeting with the neighbour to discuss the alleged ASB. The landlord said it would help the resident download a “noise app” on to her phone in order to record evidence of the noise. It also said it would explore the use of mediation between the resident and her neighbour, which is a recognised tool for resolving ASB disputes.
On the same day the resident escalated her complaint to the landlord. She said she did not think its proposed action would resolve the problem.
The landlord responded at stage 2 of its complaints process on 24 August 2023. It said again it would help the resident download the noise app and provide diary sheets to evidence the noise. The landlord said it would visit the neighbour and discuss the alleged ASB. It also signposted the resident to the local authority’s environmental health team.
On 22 August 2024, the landlord sent a stage 2 “follow up” letter to the resident. It said it had reviewed its correspondence to her and incorrect information had been provided regarding the noise app. It offered the resident £100 compensation for this error.
The resident has told this Service on 9 January 2025 the situation has not been resolved and she is still experiencing noise nuisance from the neighbour above.

Assessment and findings

Scope of investigation

In the resident’s correspondence with the landlord, she said she had been complaining about noise nuisance over a period of 7 years. The Ombudsman encourages residents to raise complaints with their landlord in a timely manner. This is so the landlord has a reasonable opportunity to consider the issues while they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events which occurred. As the substantive issues become historical it is increasingly difficult for either the landlord, or an independent body such as the Ombudsman, to conduct an effective review of the actions taken to address those issues.
In the interest of fairness, the scope of this investigation is limited to events from 8 May 2023. This is the date the members enquiry was sent by a local councillor to the landlord on behalf of the resident. The scope of the investigation ends on 22 August 2024 when the landlord sent the resident a follow up stage 2 letter.
Throughout the complaint and in communication with this Service, the resident said this situation had a detrimental impact on her health and wellbeing. The courts are the most effective place for disputes about personal injury and illness. This is largely because independent medical experts are appointed to give evidence. They have a duty to the court to provide unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. When disputes arise over the cause of an injury, oral testimony can be examined in court. While the Ombudsman cannot consider the effect on health, consideration has been given to any general distress and inconvenience which the resident experienced because of any service failure by the landlord.

The landlord’s handling of alleged anti-social behaviour

On 8 May 2023 a member’s enquiry from a local councillor was sent to the landlord on behalf of the resident. The enquiry said the resident had been experiencing excessive noise from a neighbour in the property above her own. The resident said the noise had affected her life to the extent that she had moved out and was staying with family.
The landlord responded to the local councillor on 25 May 2023. It said it would visit the neighbour to discuss the alleged ASB. The landlord said if there was no answer, a letter would be hand delivered to remind the neighbour of the terms of their tenancy agreement and to ensure they keep noise to a minimum. It said it would then contact the resident following this to “provide an update”.
The landlord’s ASB policy states it defines ASB as deliberate and intentional acts, including the failure to address inconsiderate behaviour that may result in nuisance, annoyance, harassment, alarm or distress to others.
The resident complained to the landlord on 12 June 2023. She said there was an ongoing issue with ASB from the neighbour above her property who “makes noise daily”. The resident said she suffered with “severe” mental health issues and due to the noise,she hadtemporarily moved out of the property. She said she had made many complaints over the years, but the landlord had not taken action. The resident said she was suffering from suicidal thoughts which were “getting worse” as she was unable to have peaceful enjoyment of her own home.
The resident chased her complaint with the landlord on 16 June 2023. The Ombudsman intervened on 21 July 2023 and asked the landlord to respond to the resident’s complaint. It replied at stage 1 of its internal complaints process on 28 July 2023.
In its stage 1 response the landlord said the following:
1. It had invested in an “app” that could monitor the noise. The landlord could help support the resident to download the app on to her phone.
2. A meeting was to be arranged with the neighbour to discuss the ASB within 10 working days of the stage 1 response.
3. The landlord “may” seek to arrange mediation with the resident and her neighbour.
The landlord’s ASB policy states it will:
1. Respond to all reports of ASB and explore “all reasonable tools available”.
2. Complete a risk assessment, agree an action plan and regular contact between it and the resident.
3. Take “prompt action” to address customer concerns in accordance with its service standards.
4. Provide “tailored care and support” to enable customers to enjoy their home.
At stage 1 the landlord stated it would implement actions in line with its ASB policy to resolve the situation. However, the evidence shows this did not occur. The landlord subsequently disclosed, when requested by this Service, that it did not meet with the resident or her neighbour in person to discuss the case. The inaction occurred both at the time of the initial reports and at the time of the landlord’s stage 1 response. It also said it did not assess the risk of the resident or conduct a wider risk assessment regarding the circumstances of the ASB case. This was a significant failing. Particularly due to the elevated risk following the resident’s disclosure that she was experiencing suicidal thoughts that were getting worse due to the impact of the situation.
The landlord’s response at stage 1 lacked empathy as it failed to address the resident’s concerns that the noise nuisance had affected her mental health. It also failed to provide tailored care and support for the resident to help her enjoy her home. These were breaches of the commitments made in its ASB policy and therefore inappropriate failings by the landlord.
On the same day the stage 1 response was issued, the resident responded and asked the landlord to escalate her complaint. She said she was unhappy with the landlord’s response as it would not resolve the noise nuisance. The resident said she did not think mediation would work as she had previously tried talking to her neighbour about the ASB, but the noise had continued. She said again that she struggled with her mental health.
The landlord responded at stage 2 of its complaints process on 24 August 2023 and said the following:
1. It would help the resident record the noise using the noise app and provide her with diary sheets to note the date and time of the noise nuisance.
2. It would visit the neighbour and explain that the noise from their flat was being monitored. The landlord would also provide support to the neighbour to help reduce the noise by removal of laminate flooring and fitting underlay and carpet.
3. The resident could make an independent complaint to the local authority’s environmental health team regarding the noise. (Environmental health teams can investigate noise that may be classed as a “statutory nuisance” for a local authority).
The landlord’s response at stage 2 appeared to be in line with its ASB policy and it signposted the resident to further support which was appropriate. However, the landlord has subsequently told this Service it did not meet with the resident’s neighbour to discuss the ASB case nor provide her with the support it detailed in the response. The resident told this Service the landlord also did not provide her with diary sheets to record the incidents of noise nuisance.
As at stage 1, the landlord again failed to recognise the resident’s vulnerabilities and concerns with her mental health. No risk assessments were completed at stage 2 despite the resident yet again disclosing her mental health concerns. This was inappropriate of the landlord and a breach of its ASB policy. It was also inappropriate that the landlord took no action and did not investigate the ASB despite its response to the contrary. The impact on the resident was significant as she has told this Service she felt unable to live in her property due to the noise.
On 30 August 2023 the resident replied to the landlord. She said she did not think its response had taken into account her mental health issues and that she was staying with family due to the noise from the neighbour. The resident said her brother had been staying temporarily at the property and had advised there was no change to the level of noise nuisance.
The landlord replied to the resident on 4 September 2023. It said it would require proof of the noise nuisance in order to take any action to resolve the situation. The resident contacted the landlord on 16 October 2023 to say she was yet to receive the diary sheets from it. This was around 30 working days after the landlord said it would provide them.
The landlord’s communication to the resident that it required proof to take action was insensitive. Given its failure to gather any evidence to date as part of its handling of the resident’s complaint, it undermined its credibility to deliver a functioning and fair complaints process.
On 30 October 2023 the landlord told the resident it had visited her neighbour to discuss the noise nuisance but there was no answer. While this was an appropriate action for the landlord to take, it was a failing on its part that it took 6 months to complete what was a reasonable initial action. It asked the resident to complete the diary sheets and return them to the landlord.
The landlord sent a stage 2 “follow up” letter to the resident, a year later, on 22 August 2024. It said it had reviewed the complaint responses sent to her, as part of the evidence collection to the Ombudsman’s investigation. The landlord said the following:
1. At stage 1 and 2 the landlord had recommended the resident download the noise app to record the ASB. However, it had ceased using the noise app when the responses were sent to the resident. It offered the resident £100 compensation for this error.
2. It had been in touch recently with the resident’s neighbour upstairs and was in the process of “exploring further measures” to tackle the noise nuisance. An action plan would be put in place which included:

i. Bi-weekly calls with the landlord and the resident.

ii. Mediation between the resident and the neighbour.

iii. The resident to provide diary sheets to the landlord.

The landlord’s compensation policy states between £50 to £175 compensation can be awarded for a service failure with a “medium impact” to a resident. The compensation offered was specifically for the advice given about the noise app. The landlord failed to recognise this error as part of its complaints process which resulted in a significant delay in its offer of redress to the resident. The landlord failed to acknowledge any of its other failings as part of its additional response.
In summary, the landlord provided responses to the resident’s complaint that included appropriate actions which were in line with its ASB policy. However, it effectively failed to follow through with any of its proposed actions. It took 5 months for the landlord to attempt to visit the neighbour and discuss the noise nuisance. The landlord did not risk assess the resident despite her mental health concerns and her disclosure that the ASB was having a detrimental effect on her. It told her to install a noise app that it had ceased to use as an evidence gathering tool. As a result of its inaction and error, the landlord effectively failed to gather any evidence or follow its policy in its handling of the resident’s complaint.
The landlord failed to offer compensation as part of its complaints process. In its subsequent correspondence it offered £100 compensation. The amount of compensation offered by the landlord is far below what was reasonable to put things right. The compensation offered does not reflect the severity of its failings and the subsequent distress and inconvenience caused to the resident.
These failings lead to a determination of severe maladministration. An order for £800 compensation is made below. The level of compensation reflects that the resident had moved away from the property during much of the period of the landlord’s failings, but that the property remained occupied by a family member. The compensation amount has been calculated using the Ombudsman’s remedies guidance where there has been a failure by a landlord that has a significant impact on a resident.

The landlord’s handling of the associated complaint

The resident complained via email to her landlord on 12 June 2023. She chased her complaint on 16 June 2023 as she had not received an acknowledgement. The Ombudsman contacted the landlord on 21 July 2023 and requested that it respond to the resident’s complaint no later than 28 July 2023. In its response to this Service the landlord apologised for not actioning the complaint.
The landlord’s complaint policy states it will acknowledge a complaint in writing within 5 working days. It failed to acknowledge and process the resident’s complaint within this timeframe, which was a breach of its policy.
The landlord responded at stage 1 of its internal complaints process on 28 July 2023, around 34 working days later. The landlord’s complaint policy states it will respond to complaints at stage 1 within 10 working days. As such, there was a breach of its policy’s timeframe with a delay of around 24 working days.
On the same day the resident escalated her complaint. The landlord acknowledged the complaint on 31 July 2023 around 1 working day later. It said it would respond to the complaint escalation within 4 weeks. On 24 August 2023, the landlord responded to the resident at stage 2 of its internal complaints process. This was within the 4-week timescale.
On 22 August 2024 the landlord sent what it described as being a ‘follow up stage 2 letter’ to the resident. This was prompted by the Ombudsman’s investigation and the landlord’s review of its correspondence. It included a new offer of £100 compensation and an action plan for the ASB.
In summary, as part of its complaint handling the landlord failed to acknowledge the resident’s initial complaint and took action only after intervention by the Ombudsman. The landlord’s stage 1 response recognised the inconvenience caused to the resident and apologised for the delay; however, it made no attempt to put things right with an offer of compensation. The failure to provide appropriate redress for its failings leads to a determination of service failure with the landlord’s complaint handling. An order for £100 compensation is made below to reflect the inconvenience caused to the resident.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration in relation to the landlord’s handling of alleged ASB.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in relation to the landlord’s handling of the associated complaint.

Orders

The landlord must, within 4 weeks of the date of this report:
1. Provide the resident with a written apology for the failings outlined above.
2. Pay the resident £900 compensation, broken down as:

i. £800 for the distress and inconvenience caused by its failures in handling the alleged ASB. The landlord may deduct the sum of £100 which it has previously offered if it has already paid this amount to the resident.

ii. £100 for the distress and inconvenience caused by its failures in the associated complaint handling.

iii. The compensation balance must be paid directly to the resident and not offset against a rent or service charge account.

The landlord must provide a strategy document and an action plan to show how it will manage risk, gather evidence and communicate with parties in response to the residents reports of ASB. It will provide a copy to this Service.

The landlord should reply to this Service providing evidence of compliance with the orders within the timescale outlined above.