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News from the Housing Ombudsman Service |
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Welcome
Welcome to the latest issue of our newsletter bringing you news and updates on our service. In this issue:
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New report: Spotlight on damp and mould
- From disrepair claims to resolution
- Corporate Plan consultation open
- Severe maladministration findings
- Podcast discusses severe maladministration
- Casebook reaches nearly 1,000 decisions
- New Advisory Board
- Training and events
Please share this e-newsletter with colleagues and encourage them to sign up to future issues using the link below.
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New report: Spotlight on damp and mould
Our latest Spotlight report on damp and mould published this week urges landlords to adopt a zero-tolerance approach to damp and mould. The ‘Spotlight on damp and mould – It’s not lifestyle’ report, states that addressing damp and mould needs to be a higher priority for landlords with a change in culture from reactive to proactive in order to improve the experience of residents.
We examined 410 complaints investigated about 142 landlords over a two-year period, with maladministration found in 56%, rising to 64% for complaint handling alone. The report also draws on more than 500 responses to our call for evidence issued earlier this year.
The report recognises the challenges for landlords in tackling the issues – including overcrowding, poverty, the age and design of homes – but says landlords should avoid inferring blame on residents due to ‘lifestyle’, when it is often not solely their issue, and take responsibility for resolving problems. In support of this, the report identifies best practice and makes 26 recommendations for landlords to implement
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From disrepair claims to resolution
Our Spotlight report on damp and mould also proposes that landlords do not close their complaints procedure prematurely if a resident commences with the Pre-Action Protocol for Housing Conditions Claims. Landlords should continue to use the complaints procedure until legal proceedings have been issued in order to maximise the opportunities to resolve disputes outside of court. There are benefits to both residents and landlords if disputes can be resolved through the complaints process, and the protocol makes clear that alternative dispute resolution should be sought. We have produced new guidance for landlords setting out our approach.
Corporate Plan consultation open
Our Corporate Plan for 2022-25, setting out ambitious plans for the next three years, is currently out for consultation. Set within the context of an unprecedented increase in the volume of casework and major change in the social housing sector, the plan reinforces the changing role and importance of complaint handling.
We have experienced significant increases in demand with a 139% increase in enquiries and complaints in the year to date compared with 2020-21, plus a 65% increase in cases for formal investigation.
The Corporate Plan aims to respond to this increase in complaints and it sets out ways we will work with the sector to promote fairness through our investigations, strengthen complaint handling, encourage learning to improve services and potentially prevent complaints.
We have published a consultation document where respondents are asked to give their views on our four values based strategic objectives and the activities planned for the first year plus the proposed measures of success and approach to the subscription fee based on expected demand for our service.
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Severe maladministration findings
We highlight individual cases with a finding of severe maladministration on an ongoing basis throughout the year. The two latest findings are:
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Two findings of severe maladministration following an investigation into Inquilab Housing Association’s failure to respond to a resident’s requests to deal with damp and mould in her home and for its subsequent poor complaint handling.
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A finding of severe maladministration for Golding Homes complaint handling after a resident repeatedly made complaints over a period of seven years from 2012 to early 2019. We found severe maladministration for the landlord’s complaint handling and maladministration for its response to the resident’s report of repairs.
The links below include comments from the landlords named on the lessons learned following the decision and we encourage other landlords to consider the learning from these cases.
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Podcast discusses severe maladministration
The second episode of our podcast discusses how the Ombudsman reaches severe maladministration decisions. In this episode introduced by Housing Ombudsman, Richard Blakeway, our Sector Development lead, Dave Simmons explains our approach and discusses examples with our caseworkers.
You can listen to the podcast and catch up on previous episodes below.
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Casebook reaches nearly 1,000 decisions
Our online casebook continues to expand and now includes almost 1,000 decisions, providing learning for the sector and demonstrating the difference complaints can make for individual residents.
The casebook helps to set out the types of complaints we can consider together with the range of findings. Alongside findings of maladministration, this includes where we have found no maladministration or where something has gone wrong but we believe the redress provided by the landlord was appropriate.
Featured in the latest batch of decision are:
- A case about Clarion concerning a long period of inaction on dealing with repairs.
- A finding of reasonable redress by Habinteg Housing Association following a complaint about mould.
- A case about Guinness where it responded to the resident’s report of a blocked drain in accordance with its repair policy but failed to adequately consider whether the resident should move out or what could be done to help him to stay.
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We have appointed a new Advisory Board which will bring an independent and external perspective to help to drive forward our plans. The Board came into effect on 1 October 2021 at the same time as Tim Leslie became chair of our Audit and Risk Assurance Committee (ARAC).
The Board is chaired by the Ombudsman and includes the Chief Operating Officer and two members of ARAC as well as four newly recruited external members. They are:
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Gill Bull, who was previously at the Information Commissioner’s Office and the Parliamentary and Health Service Ombudsman
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Maureen Corcoran, who worked at the Audit Commission, has been a housing consultant and held academic posts
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Michael Rich, who held roles at the Homes and Communities Agency and the Gangmasters and Labour Abuse Authority
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Kevin Williamson, who is at the Financial Ombudsman Service and previously the National Housing Federation.
Training and events
Webinars on damp and mould
We are running a series of webinars focused on damp, mould and condensation, some in partnership with Tpas. The dates are listed below and you can register in advance by clicking on the links.
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Friday 12 November 10am-11:30am: Register
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Friday 19 November 10am -1:30pm - Webinar in partnership with Tpas: Register
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Tuesday 7 December 2021 10am-11:30am: Register
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Tuesday 14 December 10am - 1.30pm - Webinar in partnership with Tpas: Register
Tpas complaints masterclass
We have a further workshop in partnership with Tpas, as part of a continuing series. In keeping with our Complaint Handling Code and its promotion of resident involvement, the aim is to train and equip residents to be able to play an effective role in the dispute resolution process and to enable them to understand good practice and approaches in complaint handling.
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Wednesday 17 November 10am - 1:00pm: Register
We are holding workshops in partnership with HQN. Leading on from the publication of our Complaint Handling Code, these interactive virtual sessions will look at what should be included in an effective written response to a complaint and how landlords should approach putting things right..
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Friday 5 November 10am – 12:45pm: Register
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Friday 26 November 10am – 12:45pm: Register
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Wednesday 15 December 10am – 12:45pm: Register
Housing Ombudsman Richard Blakeway will be speaking at the following conferences:
Tuesday 2 November 2 pm -3 pm: National Housing Federation: Lessons on responding to damp and mould in homes - Register
Tuesday 23 November: Homes UK on the building safety bill - Register
Tuesday 23 November: Placeshapers Annual conference - Register
Thursday 25 November: Social Housing Annual Conference – Register
Find out more about our training and events below
Press release sign up
You can now sign up to receive our press releases when they are issued. Use the link below to sign up.
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Housing Ombudsman Service
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