Birmingham City Council (202231444)

REPORT

COMPLAINT 202231444

Birmingham City Council

27 February 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

The complaint is about the landlord’s handling of repairs to:
1. The wet room
  1. Shower.
  2. Drainage.
2. The heating/boiler.
The Ombudsman has also considered the landlord’s complaint handling.

Background

The resident is an assured tenant of the landlord, which is a local authority. The property is a 1-bed bungalow. The resident has health conditions the landlord is aware of and suffers with her mental health. The bungalow has a wet room which has a shower pump to remove wastewater from the shower.
Prior to living in the property, the resident lived in temporary accommodation. She initially contacted us in December 2021 in relation to repairs at her previous property. The landlord sent a stage 1 complaint response on 30 June 2022. It said:
1. It was sorry to hear of the disrepair issues at her [previous] property.
2. Its temporary accommodation team had reserved a new property for her.
3. It had reset her password so she could bid on other properties.
The resident escalated her disrepair complaint for her previous property to us. However, the complaint was ruled outside jurisdiction on 7 March 2022. The complaint was dealt with as part of legal proceedings.
The resident’s tenancy for her new property started on 30 January 2023. She contacted us again shortly after moving in due to the new property condition. She said she had raised repairs and complained to the landlord but had no response. There was no evidence to show a complaint was raised in early February 2023. But the evidence showed 11 complaints raised late February to early March 2023. For clarity, relevant complaints are in the table below.
The resident contacted us on 10 March 2023 and said her landlord had not responded to the complaint. We contacted the landlord on 16 May 2023 about disrepair issues at the resident’s current property.
The landlord sent a stage 2 complaint response on 30 June 2023. It used the same reference from the stage 1 response issued a year earlier on 30 June 2022. It said:
1. It inspected the central heating system on 5 April 2023. It established the living room radiator was faulty and ordered a replacement part the same day. No access was available for the follow-on appointment scheduled for 11 April 2023. It inspected the living room radiator on 29 June 2023 and planned to complete the repair on 3 July 2023. It had isolated the living room radiator and left the central heating system in working order.
2. It repaired a faulty shower head on 17 February 2023. The resident’s reports of blockages led to the replacement of the shower unit and pump on 14 March 2023.
3. After a phone conversation on 22 June 2023, it instructed its contractor to inspect the toilet, shower unit and drainage system in the wet room and investigate the blockage causes. It had rescheduled the inspection of the wet room pipes for 30 June 2023, originally planned for 26 June 2023. It apologised for this.
4. It acknowledged the resident’s inconvenience and said it was grateful for her patience.
5. As the underlying drainage issue was not sorted, it would monitor the repairs, so the resident had effective use of her wet room going forward.

Events after the end of the landlord’s complaints process

The resident replied to the landlord on the same day and said the information in the response was not factual.
The landlord emailed the resident on 6 July 2023 and said it had escalated the complaint to stage 2 (even though it had already sent a stage 2 response). It said it would respond within 20 working days. It then sent a stage 1 response for disrepair issues with a new reference on 12 October 2023. It partially upheld the resident’s complaints in relation to the boiler being old and losing pressure, the kitchen radiator leaking, wet room drainage being blocked as well as damp at the property and window repairs (mist between panes and mould growth).
In calls with this service on 10 and 27 February 2025 the resident said the shower and boiler had recently been replaced. However, she had ongoing problems and said the landlord were not engaging with her in relation to repairs.

Assessment and findings

Scope of investigation

Throughout the course of this complaint, the resident said she felt discriminated against by the landlord. We cannot make a finding of discrimination, despite acknowledging the serious nature of the matter. A court of law can decide whether or not the landlord followed the Equality Act 2010.
The resident also told us about the impact the condition of the property had on her health. We do not doubt these comments and empathise with her situation. But we also cannot determine whether there was a direct link between the landlord’s actions and her health. The resident may wish to seek independent advice on making a personal injury claim if he considers that her health has been affected by any action or failure by the landlord.
Disrepair complaints –

Complaint Topic	Date logged	Stage 1 response	Stage 2 response
Disrepair (at previous property).	Unclear	30 June 2022	30 June 2023 – addressed issues at current property including Wet room drainage, heating, shower repairs.
Wet room drainage, heating, shower repairs.	14 February 2023	Treated as a service request – no stage 1 issued.	No evidence to show that the issues were responded to at stage 2.
Outstanding repairs.	28 February 2023	Closed as duplicate of complaint below.	Closed as duplicate of complaint below.
Outstanding repairs and housing officer.	28 February 2023	28 March 2023	No evidence to show that the issues were responded to at stage 2.
Heating (gas) repair delays.	8 March 2023.	26 May 2023	No evidence to show that the issue was responded to at stage 2.
Quality of plumbing contractor work.	22 March 2023	Closed on 22 March 2023	No evidence to show that the issue was responded to at stage 2.
Repairs (various)	25 September 2023	12 October 2023	Unclear whether sent, however matter closed on 9 August 2024.

The resident has raised concerns and complaints about many issues with the property. These included with the windows, doors, gutters, damp and mould, sewage in the garden, wiring, fencing, trees, grass cutting, decorating, plastering, asbestos, contaminated water and ongoing boiler and radiator problems. The landlord addressed some of these issues at various stages of its complaints process. However, there was no evidence of all the issues being raised consistently through the full complaints process. As a result, the landlord has not had a proper opportunity to investigate and resolve all the issues. Therefore, they are not considered in this investigation.
The scope of this investigation will be from the date the resident moved into the property to the 12 October 2023.

Landlord’s handling of repairs

The landlord’s repairs policy says:
1. It has 3 types of repairs:
  1. Its contractor will attend an emergency repair (danger of injury or property damage) within 2 hours of instruction.
  2. Urgent repairs (to protect the health and safety of the resident) will be completed in a maximum of 7 working days.
  3. Routine repairs will be completed within 30 days of a report.
2. It is responsible for:
  1. Water pipes, shower and waste pipes (but residents must take steps to prevent blockages to waste pipes).
  2. Heating systems.

Shower repairs

The resident reported the shower head was broken on 13 February 2023. The landlord attended promptly 4 days later and repaired the shower.
The resident reported the shower pump not working on 21 February 2023. The landlord attended the same day and could not find an issue. Another repair was raised 4 days later. The landlord attended the same day and said, “the pump needed looking at to investigate what the problem is.” The evidence showed the landlord ordered a replacement shower pump on 26 February 2023. 2 appointments (3 and 9 March 2023) to replace the pump were rescheduled as the pump had not arrived. The pump was replaced on 14 March 2023, within the landlord’s routine repair policy timeframe. The landlord acted promptly to resolve the issue, but the resident was inconvenienced because the pump was delayed. The resident was left with a faulty shower, waiting for the pump to be replaced.
On 16 June 2023 an operative said the shower pump would continue to block due to piping issues. However, the landlord attended on 27 June 2023 in relation to another repair. It said the shower pump was “in good working order.” It attended again 3 days later to inspect the piping and said the shower ran “perfectly.” However, follow-on work was needed to raise the shower pump height. The landlord raised a work order to raise the shower pump height on 3 July 2023. The appointment was re-arranged multiple times before the work was completed on 1 August 2023. It was not clear what the delay was. However, this was a routine repair and completed in line with its repairs policy.
The resident called the landlord on 1 and 3 August 2023 and said operatives told her she needed a shower screen to reduce water pooling in the wet room. The landlord raised a work order but later decided the work was not required. This was because the shower pump worked “effectively” so she would not need a shower screen. The operative’s suggestion raised the resident’s expectations, and it was also not clear if the landlord told her why the shower screen would not be fitted. The communication issues between parties (landlord and resident, landlord and its contractors, and contractor and resident) represent failings and caused the resident inconvenience chasing work that would not be completed.
The resident raised an urgent repair for the shower pump on 16 August 2023. The landlord attended on 31 August 2023, which was outside of its policy timescale. However, when it attended, it noted the shower and pump were “working fine.”
Further shower pump repairs were raised on 25 September 2023. Contractors attended the same day and noted “shower pump pulling a bit of water, draining issue, will book electrician and plumber at same time.” However, it was not clear if follow-on work was booked. After the second stage 1 complaint response, the landlord attended on 23 October 2023 and unblocked the pump the same day, which was prompt and in line with policy. There was no evidence of any further issues with the shower pump.
Overall, the evidence showed the landlord attended promptly for repairs to the shower and pump. However, the resident had the inconvenience of a shower and pump not operating correctly whilst waiting for the pump to be replaced. There were also communication issues between parties. This caused the resident’s expectations to be raised around when work would be carried out that the landlord then decided it would not do. And there were delays raising follow-on work, or work not being raised at all. A finding of maladministration is made, and £200 compensation is ordered to recognise the inconvenience caused to the resident.

Wet room drainage

The landlord is responsible for the waste and water pipes. The evidence shows that between 2 February 2023 and 4 October 2023, the resident reported drainage issues in the wet room on at least 13 occasions. However, the landlord attended within its policy timescale on 12 occasions and fixed the issue which was positive.
After the fourth blockage, the landlord arranged for its drainage contractor to carry out a CCTV survey. This was a reasonable approach to take to identify a problem. The survey was not provided to this service; however, it is accepted the contractor could not locate any issues. The landlord sent a plumber 3 days later who also could not find a blockage. This showed the landlord took the issue seriously and was actively trying to find the cause of the drainage issues. The landlord is entitled to act on the expert advice of suitably qualified staff and contractors. In the absence of expert evidence to contradict the drainage contractor’s survey and plumber’s opinion, we cannot say there was a failing.
The resident reported drainage issues twice around early May 2023. The issues were resolved promptly the first time, however on the second occasion there appeared to be a delay. The evidence suggests the landlord attended on 16 May 2023; however, the drains were not unblocked until 16 June 2023 a month later. The repair records around this time are confusing, the evidence showed multiple work order numbers for the wet room and drains. This caused confusion between the landlord and its different contractors as to what work was required, and who was responsible. The work orders mention a second CCTV survey of the drains. However, it was not clear if this was completed. The delays addressing the drains around this time, and poor records represent failings.
The landlord said it asked a contractor to carry out further investigation into the blockage cause in June 2022. However, the resident reported issues with the wet room drainage and the shower pump monthly between June and October 2023. It is not clear from the evidence when the issues were resolved. But the resident said there had been no issues for “over a year” in a call with us in February 2025. Overall, the landlord responded promptly to all the drainage reports. It also conducted some investigation to find the root cause. However, repeatedly having to phone monthly inconvenienced the resident. The landlord’s complaint response failed to offer any compensation for the repeated blocked drains. This was unreasonable given the repeated blockages and distress and inconvenience this caused to the resident. There was therefore service failure. In line with our internal guidance, £100 compensation is ordered to reflect the impact on the resident.

Heating/boiler

The evidence shows the landlord’s initial handling of heating repairs was good. It attended on 6 occasions (but did not gain access on 3 of those visits) in February 2023 to address heating/boiler repairs. It attended within the timescales outlined in its policy, apart from once when there was a minor delay. The landlord also completed a boiler flue repair in the loft quickly in March 2023.
The resident continued to report issues with the heating and boiler. The landlord arranged to attend on 5 April 2023 when it would also carry out the gas service (due by 3 May 2023). This was a reasonable approach for the landlord to take to avoid multiple appointments. The landlord attended but noted parts were required for repairs (as there was no thermostatic radiator valve on the living room radiator). It raised follow-on work for 11 April 2023. However, there was no access. The living room radiator repair was raised again on June 23 2023, after there was no evidence of any further action. The resident also reported the kitchen radiator leaked 3 days later. The evidence showed the landlord attended on 6 occasions in relation to kitchen and living room radiator repairs between 29 June 2023 and 25 September 2023. This was due to not having correct parts, and completing repairs to one radiator but not the other. It would have been reasonable to arrange to address all the issues at once. Failing to do so caused the resident inconvenience of multiple appointments. It was also not clear whether the landlord kept the resident updated. This resulted in the resident having to chase appointment, which represent failings.
The landlord made some attempt to put things right by arranging repairs in its stage 2 response. However, it failed to address the detriment to the resident. The Ombudsman therefore finds that there was service failure in the landlord’s handling of repairs to heating/boiler. The landlord is ordered to pay £100 compensation in recognition of inconvenience caused.

Repairs summary

The landlord attended promptly to most of the repairs which was positive. However, the repair records were confusing. There were multiple work orders raised for the same repair, notes under one repair reference that related to another, and cancelled repairs. The resident said in a call with us that contractors arrived on a number of occasions unsure what they were there to do. The landlord (as the body in a contractual agreement with the resident) is ultimately responsible for the repair, regardless of whether it outsources the work to a contractor. With that in mind, the landlord should have done more to follow up with both the resident and its contractors and monitor repairs, which was a failing.

Complaint handling

The landlord’s complaint policy defines a complaint as an “expression of dissatisfaction.” It was not clear exactly what the resident said in early February 2023; however, the landlord wrote to the resident on 15 February 2023 and advised it would not deal with her complaint and it would be treated as a service request.
After we contacted the landlord on 16 May 2023, the landlord responded to the resident using the stage 1 complaint reference sent a year earlier. As already mentioned, that stage 1 related to a previous disrepair complaint for a previous property around June 2022 (rather than any of the complaints raised in February/March 2023). The landlord’s notes showed the complaint escalation reason was ‘promised action delayed’. The use of a complaint reference from a year earlier and relating to a previous property caused confusion. The stage 2 response was sent on 30 June 2023. This was outside of the 15 working days outlined in the landlord’s complaints policy for a response, which was also a failing. The response issued on 30 June 2023 also failed to consider any compensation for the distress and inconvenience caused to the resident.
After the resident requested to escalate the complaint, the landlord emailed her on 6 July 2023 and said it had escalated the complaint to stage 2 (even though it had already sent a stage 2). Again, this was confusing. It was not clear if the resident received any update. As the landlord made no attempt to put things right in the stage 2 response, the Ombudsman makes a finding of maladministration. An order of £250 compensation is made to reflect distress and inconvenience caused by the landlord’s confusing approach to the resident’s complaint.

Determination

In accordance with Paragraph 52 of the Scheme, there was maladministration in relation to the landlord’s handling of repairs to the wet room shower.
In accordance with Paragraph 52 of the Scheme, there was service failure in relation to the landlord’s handling of drainage repairs.
In accordance with Paragraph 52 of the Scheme, there was service failure in relation to the landlord’s handling of repairs to the heating/boiler.
In accordance with Paragraph 52 of the Scheme, there was maladministration in relation to the landlord’s complaint handling.

Orders and recommendations

Orders

Within 4 weeks of the date of this report, the landlord is ordered to:
1. Provide a written apology to the resident for the failings identified in this report.
2. Pay directly to the resident (and not offset against any arrears) £650 made up of:
  1. £200 to recognise inconvenience caused by the shower repairs.
  2. £100 to recognise inconvenience caused by the drainage repairs.
  3. £100 to recognise inconvenience caused by the heating/boiler repairs.
  4. £250 for the failures identified in the landlord’s complaint handling.
3. Contact the resident and arrange to attend the property to inspect if any outstanding repairs are needed. If repairs are identified, a time specific action plan should be provided to the resident and this service.

Recommendation

During the course of this investigation, the resident has said she had difficulty raising repairs and being provided with complaint reference numbers for new complaints. It is noted in the stage 1 response sent to the resident on 12 October 2023, the landlord said no new jobs can be raised or attended to. The landlord should clarify to the resident when this will be reviewed (if this is still effective) when it contacts her as part of the order a. or c. raised above.