Learning from severe maladministration report – May
Taking the key lessons from our severe maladministration decisions.
About this report
This is the final report in our Awaab’s Law series focusing on emergency repairs. We encourage landlords to consider what their complaints tell them about their classification of emergencies. From October, Awaab’s Law will apply to emergency repairs as well as damp and mould.
The report is split into 3 sections:
- triaging repair reports
- delayed responses to emergency repairs
- prioritising household circumstances
Triaging repair reports
This category of cases includes landlords that did not identify a repair as an emergency repair. Due to problems classifying the repair, residents were left in poor living conditions for longer than they should have been.
Cases highlighted in the full report relating to triaging:
- L&Q 202340261
- Accent Housing 202311794*
- Lambeth Council 202311160*
- Guinness Partnership 202227432*
- Hackney Council 202343128*
Key learning on triaging reports
Correct categorisation of repairs is vital to ensuring landlords undertake the right level of repairs for the issues ongoing in that home.
Landlords must consider how effective triaging can enable an appropriate response when issues are first reported. This should lead to more positive outcomes, and evidence to residents that issues are being taken seriously, with the urgency required.
Where emergency repairs cannot be fully resolved in one visit, or if there is wider damage caused by the emergency, landlords should consider household risk assessments. Taking into account the individual circumstances when doing so.
Where access to the property is reported as an issue, landlords should make reasonable and repeated attempts to gain access. Escalating in line with the tenancy agreement.
It is also important that landlords, after undertaking an emergency repair, keep liaising with the resident. To complete any necessary follow-up repairs. If there is a need to schedule inspections or find root causes, they should inform residents and communicate plans.
To help with this, landlords should consider how to improve record keeping. Including any history with the property in question or relevant resident circumstances.
Centre for Learning resources
Delayed responses to emergencies
This category contains cases where landlords identified that an emergency repair or action was required but delayed their response.
Cases highlighted in the full report relating to delayed responses:
- Brent Council 202234539
- Sovereign Network Homes 202314764
- Sovereign Network Homes 202313853*
- L&Q 202316143
Key learning on delayed responses
When a landlord identifies an emergency repair, it should follow its policy on timescales. Where that may not be possible, this should be communicated to the resident. This proactive communication should continue throughout the repair, even if there are multiple visits needed.
The landlord should also consider whether there is any need to support the household when an emergency repair is reported. For example, exploring if a temporary move would be necessary or if equipment is required to mitigate the impact of the emergency.
Where complaints are raised about delays, the complaints team should proactively progress the repairs and monitor the fulfilment of commitments made to the resident during the complaints process.
Where timescales for emergency repairs are not being met, the landlord should review to identify any underlying causes to be addressed.
Centre for Learning resources
Attitudes, respect and rights key topics page
Attitudes, respect and rights eLearning
Prioritising household circumstances
While the repair or action itself may not always be an emergency, this category contains cases where the household circumstances make it more urgent to resolve but this was not considered.
Cases highlighted in the full report relating to prioritising circumstances:
- Harlow Council 202229720
- Newlon Housing Trust 202234818*
- North Tyneside Council 202300165*
- Clarion 20230499*
Key learning on prioritising circumstances
As we set out in our Spotlight report on attitudes, respect and rights, landlords should know their residents and consider any individual circumstances of the household. Relevant information should be recorded centrally. So that anyone in the organisation interacting with a resident is aware of what needs to be put in place to deliver a human-centric service.
In some cases, a household’s vulnerabilities mean repairs that may not be classed as an emergency or urgent in other reports require a faster and higher priority response. It is important that landlords fully risk assess and understand the impacts of any issues on households, which can then inform other parts of its response.
Landlords should also have clear and accurate records on the roles and responsibilities for each building their residents live in. Landlords could consider whether staff training is required so that they understand, and are able to explain, the landlord’s responsibilities and actions it can take.
Centre for Learning resources
Repairs and property condition fact sheet
Full learning from severe maladministration report
Download the full learning from severe maladministration report to see the case studies in more detail.
Learning from severe maladministration full report (PDF)
*All decisions are anonymised so residents’ names are not used, but landlords are named. In some cases, we may decide not to publish a decision if it is not in the resident’s or landlord’s interest, or the resident’s anonymity may be compromised.