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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:
- Scheme changes improve access and remedies guidance strenghened
- 22 complaint handling failure orders issued
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Latest Insight report shares best practice and shows complaints remain high
- Systemic investigation into record keeping planned
- Severe maladministration cases
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Scheme changes improve access
Changes to the Housing Ombudsman Scheme took effect from 1 October 2022, making it easier for residents to access our service if they remain unhappy with their landlord’s final response on their complaint.
The revised Scheme removes the ‘democratic filter’ following a change in the law. It means residents will no longer have to contact a designated person or wait eight weeks before referring their complaint to us if they remain dissatisfied at the end of their landlord’s complaint process. Complaints within our jurisdiction will come into our formal process for assessment.
Other guidance has also been updated including on remedies with a new level of redress for severe maladministration and awards of compensation in the context of rents. We will consider compensation in relation to the amount of rent paid by the resident over the period covered by the complaint depending on the level of service failure. We have also added that compensation awards should be paid directly to the resident for the detriment caused and not towards any rent or service charge arrears.
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We issued 22 complaint handling failure orders in the first quarter of 2022-23, April to June 2022. In 17 cases, landlords complied with the orders and there were five cases of non-compliance.
The quarterly report names the landlords and shows that orders were issued to 19 landlords over the three-month period, made up of eight councils, ten housing associations and one housing co-op.
Richard Blakeway, Housing Ombudsman, said: “We know there are immense financial pressures on landlords, but it is crucial that we don’t see a deterioration in complaint handling services. In fact, challenging times mean complaints and their insight are increasingly important to help maintain effective service areas.”
Our latest Insight report covering April to June 2022 shows that complaint volumes remain high, with 6,009 enquiries and complaints received over the three month period. We found maladministration in 48% of cases and made 1,370 orders and recommendations to put things right. Property condition accounted for 40% of complaints. The report also includes a focus on complaints in the South East and South West of England.
The case studies highlight where landlords have implemented good practice and have followed our principles of dispute resolution as a way of sharing learning more widely across the sector. They focus on cases where we found no maladministration or where landlords had provided reasonable redress through their own complaints procedure.
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Poor record keeping featured among a recent batch of decisions we published at the same time as announcing that record keeping will be the focus of a future systemic investigation. Strong record keeping practices are core to good services and the aim of the investigation will be to make recommendations and share learning across the social housing sector.
Richard Blakeway, Housing Ombudsman, said: “There are real benefits for services by getting record keeping right. To support landlords, we intend to carry out an investigation on record keeping, with the aim of publishing a Spotlight report next year.”
The latest cases where we found severe maladministration following an investigation are set out below. These are the most serious failings which we publish as part of our ongoing process to increase transparency and to share the lessons learned from each case more widely.
Birmingham City Council
We found severe maladministration for Birmingham City Council’s delays in repairing an extensive water leak that caused damage to the resident’s property. The landlord failed to offer any compensation for the distress and inconvenience caused to the resident, in contravention of the Ombudsman’s Complaint Handling Code.
Read more
Clarion
We found severe maladministration for Clarion’s cumulative failings in handling repairs to resolve a leak and the problems that followed with the resident’s shower and electrics. The resident had consistently reported leaks into his shower room from the start of his tenancy several years ago. It had caused staining and damage to the walls and ceiling.
Metropolitan Thames Valley
Metropolitan Thames Valley’s failings in responding to a silverfish infestation at a resident’s flat led to a finding of severe maladministration. The compensation offered by the landlord did not reflect the significant impact on the family by its failure to carry out adequate repairs to address the damp caused by the leaks which led to the continuing silverfish infestation.
We made two severe maladministration findings about Southern Housing after a resident made repeated reports about damp and mold in her home over a lengthy period. The landlord carried out mould washes and redecoration each year over five years but failed to investigate and establish the cause of the issue. It also failed to communicate effectively with the resident throughout or deal with the complaint in line with its own process.
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