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Peabody Trust (202321916)

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REPORT

COMPLAINT 202321916

Peabody Trust

17 March 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

  1. The complaint is about the landlord’s handling of the resident’s concerns regarding:
    1. The location of the rubbish bins.
    2. The complaint.

Background

  1. The resident holds a shared ownership lease, with the landlord being the freeholder.
  2. The landlord is aware that the resident has vulnerabilities, including obsessive-compulsive disorder (OCD) and autism.
  3. In August 2023 the resident contacted the landlord, expressing concerns about bins being stored behind her fence at the bottom of her garden. She mentioned that she had to walk past the bins when using the back gate, which was unhygienic. She pointed out that the bins’ position created a security risk since someone could climb onto them to reach her garden.
  4. The landlord acknowledged the complaint on 18 August 2023 and said it would discuss it with the Neighbourhood and Estates team.
  5. On 24 August 2023 the landlord issued a stage 1 complaint response. It indicated that following a neighbour’s complaint about the bins (some time ago), they were relocated to their current position. The Estates Manager inspected the area on the same day but could not identify an alternative location for the bins. The landlord assured the resident that investigations would continue and apologised for the lack of an immediate solution.
  6. On 24 August 2023 the resident escalated her complaint. She stated that the unsanitary condition of the bins affected her mental health, particularly as she suffered from OCD. She was worried that the placement of the bins posed a potential safety hazard, which could attract more rats. Additionally, she mentioned the bins had damaged her fence.
  7. On 4 October 2023 the landlord issued a stage 2 response. It was sorry for the situation and stated that:
    1. A hedge separated the bins from the resident’s property.
    2. The resident should report any misuse of the bins.
    3. It apologised for the delay in recording the stage 1 complaint and providing the stage 2 response.
    4. The landlord offered £40 in compensation, which included £20 for each delay.
  8. The resident remained dissatisfied and, in October 2023, asked us to investigate the complaint. As a resolution, she asked the landlord to relocate the bins.
  9. In December 2023 the landlord offered the resident an increase in compensation for a delay in arranging a further inspection and clarifying its position on the bins. The landlord offered an additional £100 compensation.

Assessment and findings

  1. The landlord’s estate management policy confirms that it regularly visits communal areas to ensure they are clean and tidy. It provides a reactive service to keep its estates well-maintained.
  2. In response to the resident’s concerns about the placement of the bins, the landlord conducted a site visit on 24 August 2023. This demonstrated that the landlord had considered her concerns and acted accordingly.
  3. The landlord acknowledged that it could not identify another location for the bins after its site visit. However, we lack evidence showing whether any other potential locations were explored or if the landlord consulted with the neighbours about placing their bins outside their own properties. Consequently, the landlord has not demonstrated that reasonable efforts were made to consider alternative locations.
  4. At stage 1 of the complaints process, the landlord apologised for not being able to find an immediate solution to the problem. The apology reflects an understanding of the resident’s concerns and a recognition of the importance of effective communication. The resident was told when she would expect a further update on the complaint, in line with the expectations in the Complaint Handling Code (the Code) when there is an ongoing issue.
  5. As the outcome was not the one the resident desired, she escalated her complaint the same day. She reiterated her concerns, specifically the impact on her mental health and her OCD.
  6. In its stage 2 response, the landlord appropriately advised the resident to report any issues with overflowing bins or those not being used correctly. It also demonstrated consideration for the resident’s reports about the bins’ impact on her mental health.
  7. We have examined the photographs included as evidence and determined that the bins were positioned without obstructing the path or the resident’s garden gate.
  8. In October 2023, the resident reported damp on her fence and rubbish near the bins. The landlord inspected on 17 November 2023 and noted the damp on the fence panel. On 22 December, the landlord apologised for not providing a clearer update post-inspection and offered £100 compensation for the delay in clarifying the situation regarding the bins.
  9. The resident contacted the Chief Executive around December 2023 as she remained unhappy that the bins had not been moved. What changed between the stage 2 response and the decision to move the bins, or when this happened, is unclear. However, the resident has told us she was pleased with the outcome. Furthermore, the landlord had replaced her fence panel as a goodwill gesture.
  10. The landlord addressed the resident’s concerns in accordance with its estate management policy. The final decisions to relocate the bins and replace the resident’s fence panel were made at the landlord’s discretion, demonstrating a commitment to resolving the issue. While we understand that the resident was frustrated with the time taken to achieve her desired outcome, the landlord was not obligated to move the bins and chose to do so voluntarily. Therefore, we found that the landlord provided reasonable redress in this case.

Complaint handling

  1. The landlord’s complaints policy indicates that stage 1 complaints will be acknowledged within 5 working days of receipt, and a response will follow within 10 working days after the acknowledgment. For stage 2 complaints, responses will be provided within 20 working days following the acknowledgment of the escalation. Residents will be informed if an extension to these timeframes is needed, which would not exceed an additional 10 working days.
  2. The resident submitted her complaint on 8 August 2023, but it was not acknowledged or “registered” until 18 August 2023, outside of the 5-working-day timeframe.
  3. The landlord acknowledged the delay in addressing the resident’s complaint during stage 1. The evidence shows that the landlord was communicating with the resident during that time.
  4. The landlord delayed sending a stage 2 response. While it requested extensions to respond, it acknowledged exceeding the 10-working-day extension period. The response was sent 29 working days after the escalation was acknowledged. The landlord explained that increased complaints, combined with staff absences, contributed to the longer response time. The landlord offered £40 in compensation for the delays, which was in line with its compensation policy for a service failure of short or mediation duration.
  5. The landlord learned lessons from the complaint. Feedback was given to complaint handlers about the importance of acknowledging complaints within the established timeframes, and the customer resolution team was restructured to prevent similar delays. This action reflects the landlord’s commitment to learning from complaints, in line with our dispute resolution principles. Therefore, we have found reasonable redress in the landlord’s complaint handling.

Determination

  1. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress offered in the landlord’s handling of the resident’s concerns of the location of the rubbish bins.
  2. In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, there was reasonable redress in the landlord’s complaint handling.