Walsall Housing Group Limited (202401971)

Decision
Case ID	202401971
Decision type	Investigation
Landlord	Walsall Housing Group Limited
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	23 June 2026

Background

The resident has health conditions which affect her mobility and is a carer for her daughter. She has lived in the property, which has a private garden, since 2009. She told the landlord that the slabs in the rear garden were a trip hazard and asked it to carry out repairs.

What the complaint is about

The complaint is about the landlord’s response to:
1. The resident’s concerns about the condition of the rear patio.
2. The associated complaint.

Our decision (determination)

We have found that there was:
1. Maladministration in the landlord’s response to the resident’s concerns about the condition of the rear patio.
2. Maladministration in the landlord’s response to the associated complaint.

We have made orders for the landlord to put things right.

Summary of reasons

Repairs

The landlord carried out repairs to the path in line with its responsibilities. It acknowledged there had been delays completing repairs and offered compensation. However, it did not appropriately manage the resident’s expectations by clearly explaining its repair responsibilities and demonstrating it had considered her vulnerabilities. This meant the resident remained confused about why the landlord had not repaired the whole patio are. She felt that it was treating her unfairly.

Complaint handling

The landlord did not recognise the resident’s complaint in 2023. It failed to respond to the 2024 complaint at stage 1 in line with its policy and did not acknowledge or apologise for this in its complaint responses. The landlord responded to the stage 2 complaint in line with its policy.

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.

Order	What the landlord must do	Due date
1	Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: The apology is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance.	No later than 21 July 2026
2	Compensation order The landlord must pay the resident an additional £200 compensation made up as follows: £100 for inconvenience caused by its response to concerns about the condition of the patio £100 for inconvenience caused by its response to the associated complaint. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date.	No later than 21 July 2026
3	Inspection order The landlord must contact the resident to arrange an inspection of the garden. It must take all reasonable steps to ensure the inspection is completed by the due date. The inspection must be completed by someone suitably qualified to complete an inspection of the type needed. If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date. What the inspection must achieve The landlord must ensure that the surveyor: Inspects the garden of the property and produces a written report with photographs. The survey report must set out: Whether there are any hazards as set out in the Housing Health and Safety Rating System (HHSRS) Whether the landlord is responsible to repair or resolve the issue together with reasons where it is not responsible and an explanation of the factors it considered A full scope of works to achieve a lasting and effective resolution to the issue (if the landlord is responsible) The likely timescales to commence and complete the work (if applicable). The landlord must provide a copy of the report to the resident and this Service by the due date. It should ensure it clearly explains its consideration of the resident’s physical health condition and its responsibility to keep the property free from hazards.	No later than 4 August 2026

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our recommendations
We recommend the landlord reviews its record keeping procedures and practices.
We recommend the landlord considers refreshing staff guidance on complaint handling to ensure it accurately identifies complaints.

Our investigation

The complaint procedure

Date	What happened
19 March 2024	The resident said she had reported concerns about broken slabs and the uneven patio area multiple times. She was unhappy because the landlord had carried out several inspections but not completed any repairs.
29 April 2024	The landlord issued its stage 1 complaint response. It: upheld the resident’s complaint offered £150 compensation for failing to complete work in a timely manner, inconvenience, time and trouble said it would carry out an inspection and ensure it raised the relevant repairs correctly.
16 May 2024	The resident asked the landlord to escalate the complaint to stage 2. She was dissatisfied with the extent of repairs the landlord had carried out and could not understand why it repeatedly prevented full repairs from going ahead.
12 June 2024	The landlord issued its stage 2 complaint response. It did not uphold the resident’s complaint and said: the repairs it completed to the path on 16 May 2024 were satisfactory in line with its repairs guide, it is only responsible for maintaining access paths to the front and rear doors therefore it would not authorise any work to the patio area the resident could self-refer to an Occupational Therapist (OT) if she needed any adaptations to the property for health reasons.
Referral to the Ombudsman	The resident told us: the condition of the patio and lack of safe access to the garden is a health and safety concern and affects her ability to use the garden she does not understand why the landlord has refused to complete full repairs to the patio when it agreed it was in poor condition, an OT sent it a report, and its surveyor recommended works in June 2023 to resolve the complaint, she would like the landlord to make the patio area safe and level and install steps enabling her to access the garden safely.

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.

Complaint	The resident’s concerns about the condition of the patio
Finding	Maladministration

What we have not considered

The resident told us she raised concerns about the condition of the patio multiple times during the last 17 years. We encourage residents to raise complaints in a timely manner, so that landlords can consider the issues whilst they are still ‘live’ and evidence is available to fairly investigate what happened. In its stage 1 complaint response the landlord acknowledged that the resident first reported issues with the path in November 2021. However, its complaint responses focus on events which took place in the 12 months before the resident raised a formal complaint on 19 March 2024. In the interests of fairness, our investigation is focused on the same period.

What we have considered

The landlord’s repairs policy says it will only carry out repairs that are its responsibility. Its repairs handbook says:
1. it will repair access paths to the front and back doors
2. the resident is responsible for repairs to any other path or paved area.
In March 2023 the resident asked the landlord to repair the slabs and footpath. The landlord incorrectly told her that the path and patio were her responsibility to maintain and repair.
In May and June 2023, the resident told the landlord:
1. the garden contained a mixture of broken slabs, bricks and pebbles
2. there were no steps to access the bottom of the garden
3. the area was unsafe and she and her daughter had fallen on it
4. she had osteoarthritis and chronic pain and could provide medical records of this.

The resident asked the landlord if it could inspect the garden despite its earlier advice that repairs were her responsibility. The landlord told us it left a voicemail for the resident confirming that it is only responsible for repairs to “the path to the front door and by the window”, and the resident should request an external step via an Occupational Therapist (OT). Whilst the landlord did not have to agree to repairs outside of its policy, it did not demonstrate that it had reasonably considered the resident’s situation. It could have carried out an inspection to identify any repairs it was obliged to complete. This may have avoided delays repairing the path and given the landlord the opportunity to clearly set out its position concerning responsibility for repairs to the patio area.
On 25 July 2023, following an OT referral for adaptations required inside the property, the landlord carried out an inspection and issued a schedule of works. This included a recommendation to renew the patio with levelled access to the garden. In August 2023, the landlord decided it would not carry out this work because the local authority had refused joint funding via the disabled facilities grant (DFG). This was in line with its aids and adaptations policy which says major adaptations, costing between £1000 to £3000, are subject the landlord and local authority having funds available. We have not seen any evidence the landlord explained the outcome of the adaptation request to the resident.
Following advice from the landlord, the OT raised the issue as a repair. On 2 August 2023, the landlord notified the resident that it had booked an appointment for 25 August 2023. We have not seen any evidence the landlord responded to the resident’s contact the following day to query why it had booked another inspection rather than the repairs included on the schedule of works. This was a missed opportunity to clarify the situation and meant the resident chased work which the landlord did not intend to complete.
The landlord’s records say it completed repairs to “up to 6” paving flags on 25 August 2023. The records do not clarify why the resident thought it was attending to carry out an inspection. In September and December 2023, the resident requested updates about the repairs and queried why the landlord had not booked follow up repairs after its inspection in July. We have not seen any evidence the landlord responded to her queries. This was another missed opportunity to confirm to the resident what action the landlord had taken and clearly explain its repair responsibilities.
A stock condition survey was carried out in January 2024. The surveyor said the patio was breaking up and uneven with large holes. Using the Housing Health and Safety Rating System (HHSRS) the surveyor identified this as a moderate hazard for falls on a level surface. The landlord carried out repairs on 12 April 2024. The resident was dissatisfied with the repairs. She told the landlord she had expected it to take up all the concrete and renew it, but it had only filled a few holes.
As promised in its stage 1 complaint response, the landlord carried out an inspection on 1 May 2024. Its records do not include any details of the inspection findings which is a record keeping failure. However, it is clear it was not satisfied with the work carried out in April 2024 because it raised an order to repeat the work it had previously instructed. This was to renew the concrete path by breaking up concrete, filling soft spots and making good the existing finishes.
We have not seen any evidence the landlord told the resident what repairs it planned to carry out. This led to the resident escalating the complaint to stage 2 because she was dissatisfied that the landlord only completed repairs to the access path on 16 May 2024. The landlord was not required by its policy to repair the whole patio. However, it should have better explained its decision and demonstrated that it had considered the resident’s concerns about health and safety risks. It did not effectively manage the resident’s expectations by clearly and consistently explaining its responsibility for repairs and what repairs it intended to complete during appointments.
The landlord paid the resident £150 compensation at stage 1. We have ordered the landlord to pay the resident additional compensation. This is to recognise its poor communication and that it had to revisit to complete repairs it should have completed on 12 April 2024. These failures caused the resident further distress and inconvenience.
The resident told us that the condition of the patio continues to deteriorate. She said broken slabs are sliding down the slope into the garden and she has fallen and injured herself. Therefore, we have ordered the landlord to assess the current condition of the garden and provide a report clearly explaining any repairs it will complete (or not) and the reasons for this.

Complaint	The handling of the complaint
Finding	Maladministration

The landlord’s complaints policy says when a resident raises smaller issues that it can resolve quickly, it may raise an escalated service request instead of a complaint. It will always handle health and safety issues as a formal complaint. When a resident raises a formal complaint, it will:
1. acknowledge complaints at both stages within 5 working days
2. respond at stage 1 within 10 working days of acknowledgement
3. respond at stage 2 within 20 working days of escalation
4. if additional time is required it will provide an explanation and a clear time for when it will issue its response.
On 2 May 2023, the resident contacted the landlord, and it logged an escalated service request. Its records note that the resident said:
1. the condition of the garden was dangerous
2. she and her daughter had injured themselves by falling
3. she was unhappy the landlord had only offered to repair approximately 1 metre of paving underneath the window in 2022
4. she would like a senior manager to review the matter.
The landlord should have recognised that this was not likely to be a minor issue that it could resolve quickly, and that it included concerns about health and safety. We have not seen any evidence that the landlord responded to the escalated service request. The resident contacted the landlord concerning the same issues on 14 June 2023. The landlord’s failure to appropriately identify the resident’s contact as a complaint delayed the start of the complaints process by approximately 10 months. This caused inconvenience, time and trouble for the resident.
The landlord did not comply with its policy timescales at stage 1 because it did not acknowledge the complaint until 9 working days after receipt and took 19 working days to issue its response. We have not seen any evidence the landlord told the resident it needed additional time to provide its response. The landlord issued its stage 2 acknowledgement and response within its policy timescales.
The landlord failed to acknowledge its complaint handling failures in its complaint responses or offer any apology or redress. Therefore, we have ordered the landlord to apologise and pay the resident compensation for inconvenience, time and trouble.

Learning

Knowledge information management (record keeping)

Accurate and complete repair records, including inspection findings and the priority the landlord assigns to repairs will ensure it has an accurate audit trail of the actions it takes.

Communication

Better communication with the resident could have reduced her frustration, and her time and effort chasing the landlord about the progress of repairs.