Clarion Housing Association Limited (202215813)

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REPORT

COMPLAINT 202215813

Clarion Housing Association Limited

31 May 2024

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

The complaint is about the landlord’s handling of:
1. The resident’s reports about the communal lighting in the block.
2. The associated complaint.

Background and summary of events

The resident has shared ownership of the property, a 1-bedroom ground floor flat, with the landlord. The date of the lease is 30 October 2008. The landlord has vulnerabilities recorded for the resident.

Scope of investigation

The Ombudsman notes from correspondence received from the resident that he was unhappy about various issues such as the repairs to the entrance door billing concerns and missing items. We have not seen evidence to show that these matters have been investigated by the landlord under its complaints process.
Paragraph 42 (a) of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale. In accordance with the scheme, our investigation will not include these matters. Therefore, the resident is advised to approach the landlord for an investigation of these issues.

Policies and procedural information

Under the lease, the landlord covenants with the leaseholder to keep the common parts comprised within the landlord’s title to the building adequately clean and lighted.
The landlord’s repairs policy states that:
1. Where a hazard or risk associated with the Housing Health and Safety Rating System (HHSRS) assessment highlighted, whether by its staff, contractors, or 3rd party agencies the landlord will address any works needed within the responsive repairs service. Repairs will be raised according to the appropriate repairs priority and will be completed by the landlord within the scope of their contracts.
2. All residents can report repairs by telephone, email or through its website reporting tool or webchat system.
3. Any emergency repair should be attended within 24 hours and works to make safe or temporarily repair should be completed at this visit. Further repairs may then subsequently be required.
4. Non-emergency repairs are appointed within 28 calendar days of the repair being reported.
Its neighbourhood policy states that it will aim to inspect communal areas or facilities within its estates at least twice a year, and all converted street properties with communal areas or facilities will be inspected no less than once a year.
The landlord has 2-stage complaints handling process. It implemented an interim policy on 17 June 2022. Under this policy it aimed to response to stage 1 complaints within 20 working days and stage 2 complaints within 40 working days of receipt.
The landlord’s compensation policy recognises that there may be occasions where its services may fall below its agreed service standards. In such situations, it may offer compensation where a resident has incurred out of pocket expenses or unnecessary inconvenience. It would offer between £50 and £250 where failure to meet service standards for actions and responses results in some impact on the resident.

Summary of events

The resident contacted this Service on 16 November 2022. He reported issues regarding the communal lighting. The resident was advised to submit a complaint to the landlord and offered guidance on how to do so.
The resident submitted a formal complaint to the landlord on 12 December 2022. He said:
1. There was no lighting on the top floor landing of the block and that this had been the case since September 2021.
2. There was no lighting on the ground floor from April 2022.
3. The lighting issue in the block was a health hazard for him due to his mobility issues as he sometimes uses crutches.
4. The ongoing darkness in the communal areas had hindered his health recovery plan and his potential earnings.
5. The landlord’s maintenance team should have resolved the problem sooner.
The landlord acknowledged the complaint on 12 December 2022. It thanked the resident for his ongoing patience, as it continued to restore its systems following a cyber security incident. It said the correspondence had been logged as a formal complaint.
The landlord raised an emergency repair on 19 December 2022. It noted that the communal lights on all 4 floors of the corridor were not working. The report further noted health and safety concerns for some vulnerable residents within the block as there is no lift.
The landlord’s records noted on 4 January 2023 that the issue was ongoing as the lights on the second and third floor were not working. It reiterated a concern for the residents who had vulnerabilities and noted it as an urgent matter.
The landlord’s records noted on 11 January 2023 that the lighting issue had not been resolved and that residents felt vulnerable walking on the stairs in the dark. It noted that the sensor lights appeared to have been tampered with and that the issue remained unresolved despite reports from residents within the last 5 months.
The resident contacted the landlord on 17 January 2023 and reported that there was no light on the top floor landing of the block and on the stairwell below. He said no one contacted him regarding the lighting issue or resolved the problem. He said there was no lighting on the stairwell below from April and May 2022. He said the maintenance teams were at the property every week, but they failed to record this as a safety concern.
The landlord tried to contact the resident on 18 January 2023 and left a voicemail for him. It noted that an appointment had been scheduled for 23 January 2023. It also responded to the resident’s stage 1 complaint and said:
1. It was sorry for the delay in responding to the complaint.
2. It had been informed by one of its area managers, that an appointment had been scheduled for 23 January 2023.
3. It apologised for the length of time it had taken to repair the communal lighting on his stairwell and for any inconvenience caused.
4. It had identified a failure in service and upheld the complaint.
5. It offered £100 broken down as £50 for delay in responding to the complaint and £50 for the inconvenience caused due to the resident’s mobility issues.
The resident wrote to the landlord on 19 January 2023 that there had been no lighting in the communal area for many months and therefore did not feel the compensation offered was sufficient.
The landlord noted on 21 January 2023 that further investigation was needed as it was unable to rectify the lighting fault on the second and third floor. It said there may have been a loose connection on one of the light fittings as no power was going to the circuit. It noted that follow on works would be needed.
The landlord wrote to the resident on 26 January 2023 and advised that the complaint would be escalated to the next stage of its complaints process and it would respond within 20 working days.
The resident informed the landlord on 16 February 2023 that he was not happy with the level of compensation offered. The landlord said that it had passed his query to the relevant team for consideration.
On 21 February 2023, the landlord advised the resident that it would investigate his complaint and respond by 21 March 2023.
The landlord wrote to the resident on 21 March 2023, and apologised for the delay in responding to the stage 2 complaint. It assured him that a response would be sent to him by 4 April 2023.
The landlord had an internal discussion about the information on its repair records, which indicated that other residents had been calling about the issue for 5 months. It asked if this was a version of accounts by a resident or what occurred. It concluded on 3 April 2023 that it could not be certain, as the cyber-security attack had impacted the repairs information it could access.
The landlord responded to the resident’s stage 2 complaint on 4 April 2023. Below is a summary of the response:
1. It apologised for the delay in responding to the complaint.
2. Having reviewed its records, the first report to its repairs team of the lighting problem was on 19 December 2022 and the issue was resolved by its out of hours team on 21 December 2022.
3. There was no delay in dealing with the repair as it was immediately resolved within its service level agreement from the time it was reported.
4. It appeared that similar issues occurred to different light fittings, but these were also attended to on 23 January 2023.
5. It was unable to find any repairs requested by the resident or follow ups from him regarding historical lighting repairs.
6. The resident could have reported issues with the lighting between September and 2021 and April 2022 by phone, email or its website. There were no known issues with its internet service during these periods. Its records show that he was able to successfully make contact about other matters in September and October 2021.
7. It was unable to increase the sum of compensation awarded at stage 1 in respect of its handling of the communal lighting. However, it acknowledged there was a delay in responding to the stage 2 complaint and would like to offer £50 to the resident. This would bring the total amount offered to £150.

Events after the completion of the internal complaints process

The resident wrote to the landlord on 14 and 18 April 2022 and expressed his dissatisfaction with the level of compensation offered. He was advised to contact this Service if he wished to pursue the matter further.
The resident sent various correspondence to this Service on 25 April 2024. He provided photographs which he said these support his reports that the building was without lighting for many months.
The landlord said the communal lighting repairs were completed on 15 August 2023.

Assessment and findings

The Ombudsman’s Dispute Resolution Principles are:
1. be fair
2. put things right
3. learn from outcomes.
This Service will apply these principles when considering whether any redress is appropriate and proportionate for any maladministration or service failure identified.

The resident’s reports about the communal lighting in the block

The landlord’s repairs policy describes an emergency repair as one that presents an immediate danger to the resident, the public or the property or would jeopardise the health, safety, or security of the resident. The resident asserted in his complaint to the landlord and this Service that the communal lighting issue had been ongoing for months before he submitted his complaint in December 2022. He provided copies of pictures he had taken within the block to support his report that the communal areas were in complete darkness for many months.
This Service is unable to ascertain the status of the communal lighting, during October 2021 or between April and May 2022, from the pictures provided. Also, we have not seen evidence of any reports submitted by the resident to the landlord apart from his complaint dated 12 December 2022. The resident said in his correspondence to the landlord that he was unable to raise a repair due to the cyber-security attack that affected the landlord’s internet services. We have seen that the landlord responded that the resident could have made contact in April 2022, as it did not have any problems with its system around this period. We asked the resident to provide evidence of any attempts made to report this issue. He responded that it was the landlord’s responsibility to ensure that any issues were identified and resolved. However, the landlord’s neighbourhood management policy highlights that it expects residents to report communal repairs quickly and it would ensure these issues are checked and well maintained.
The landlord is also responsible for ensuring that periodic inspections and testing of electrical installations within its communal areas are carried out. The information provided by the landlord indicates that such an inspection was completed on 29 June 2022. Whilst this Service does not dispute the residents report that the block was without lighting for several months, we have not found evidence of the resident’s attempts to report the issue to his landlord. The landlord’s response was therefore reasonable.
It is a fundamental part of providing a good repairs service to keep accurate records of repairs. This should include dates repairs were requested, accurate detail of the works required, dates for appointments and works completed. The landlord failed to demonstrate that it had kept accurate records of the repairs reported by the resident. The landlord’s repairs log noted that the repair was raised on 19 December 2022, even though the resident reported the issue on 12 December 2022. The resident informed the landlord that the lack of lighting in the communal areas was a health and safety issue due to his disability. Although the landlord acknowledged the complaint, it failed to log the repair as an emergency issue within 24 hours in adherence with its repairs policy. This is not appropriate.
The landlord noted on 19 December 2022 that the lights on 4 floors were not working and that vulnerable residents could be at risk. Its records show that the repair was raised as an emergency repair, but actions taken on the day are unclear from the repairs log. We have seen from the history of the case that the repairs had not been resolved as of 17 January 2023 when the resident asked for an update. This was more than 1 month after the issue had been reported. There is evidence of poor communication by the landlord in its handling of the matter. It did not provide updates to the resident or offer any support, even though the resident had made it aware of his vulnerability and the impact of the situation on him. This would have caused the resident some distress and frustration.
The landlord demonstrated some learning, as it apologised to the resident on 18 January 2023. Whilst its phone call to him on the day was in response to an earlier email from the resident, it informed him that the repair had been scheduled for 23 January 2023. It acknowledged that it failed to resolve the repair within the timescales set out in its policy and it apologised for any inconvenience caused. The landlord however failed to provide an explanation for the delays, and it did not realise its initial error of logging the repair late. Although it said the repair would be carried out on 23 January 2023 this was not indicated in the repairs log, so we are unable to ascertain the exact date the repairs were completed. However, the resident informed this Service that the communal lighting issue was resolved at the end of January 2023. This was approximately 7 weeks after it was put on notice of the repairs. Whilst its records flagged up health and safety concerns in the block, there is no evidence of any support offered to the resident regarding his concerns.
Overall, there is evidence of service failure, also admitted by the landlord, (in the stage 1 response) in its handling of the repairs to the communal lighting. It delayed the repair, failed to communicate effectively with the resident and it failed to manage his expectations. The landlord offered £50 to the resident in recognition of the inconvenience caused because of the length of time taken to complete the repairs. It is the Ombudsman’s opinion that the amount offered does not reflect the frustration, and time and trouble to the resident. An order has therefore been made to address this.

Complaint handling

The landlord’s response to the resident’s stage 1 complaint was slightly delayed. It should have responded within 20 working days, according to its interim complaints policy. It however responded approximately 22 working days after it was received. The landlord apologised for any inconvenience caused and it offered the resident £50 in compensation. It also assured him that the repairs had been scheduled for 23 January 2023.
It is concerning that the stage 2 response provided factually incorrect information as opposed to the stage 1 response. The landlord acknowledged a service failure in its handling of the repairs at stage 1 response, but it contradicted itself in the stage 2 response. It said the issue was attended by its out of hours service on 19 December 2022 and resolved on 21 December 2022. It said it had attended the repair within its service level agreement, but the evidence seen by this Service indicates that the communal lighting issues were unresolved as of mid-January 2023.
The evidence further shows that the landlord noted in its repairs log, that it could not rectify the fault on the second and third floor as further works were needed. The response also failed to take into consideration the resident’s report of 17 January 2023, where he requested an update on the works and the landlord’s phone call to him to advise that the appointment had been scheduled. This shows that the complaint was poorly handled because a detailed investigation of the stage 2 complaint was not carried out. The investigation failed to review the stage 1 response and provide a clear explanation for why its earlier admission of service failure was being withdrawn. This is unreasonable and would have caused the resident some confusion and frustration.
The stage 2 response was also delayed. The landlord responded approximately 53 working days after the complaint was received (19 January 2023). It had previously advised the resident that it would respond within 20 working days. However, its interim complaints policy specified that it would respond to stage 2 complaints within 40 working days of receipt. This said, the landlord sought to manage the resident’s expectations and it apologised for the delay and offered a revised date of 4 April 2023 for the response.
This was a reasonable step to take. It acknowledged the delay and offered the resident £50 for the inconvenience. It is the Ombudsman’s opinion, considering the overall handling of the complaint that the failings amount to maladministration. Therefore, the total compensation of £100 fails to reflect the distress, frustration and time and trouble to the resident. An order will be made to address this.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in the landlords handling of the resident’s reports about the communal lighting in the block.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration in the landlord’s handling of the associated complaint.

Reasons

The landlord failed to log the resident’s report about the communal lighting within 24 hours of receiving the report, even though it was flagged up as a health and safety concern. It took over a month to complete the repairs and it failed to manage the resident’s expectations. It acknowledged a service failure in its stage 1 response and offered compensation, but the amount offered did not reflect the detriment to the resident.
The stage 1 and 2 responses were both late. The landlord sought to manage the resident’s expectations and it offered apologies for the any inconvenience caused. It however failed to conduct a thorough investigation of the stage 2 complaint which led to conflicting information being given and a retraction of its previous acknowledgement of a service failure.

Orders

Within 4 weeks of the date of this report the landlord should:
1. Apologise to the resident for the failures identified in this report.
2. Pay the resident a total amount £550 broken down as:
  1. £150 previously offered it if has not already done so.
  2. £100 for the distress and inconvenience to the resident due to failures identified in its handling of the repairs.
  3. £300 for the frustration and time and trouble to the resident for failures identified in its complaint handling.
The landlord advised that its staff have completed reasonable adjustment and vulnerability training. It also informed this Service that it will be reverting its complaint handling policy in line with the Housing Ombudsman’s complaint handling code on 1 April 2024.
The Ombudsman has therefore not made further orders around these aspects of service but expects the landlord to take all relevant learning points from this case into account in its overall handling of similar cases in the future.