Bournemouth, Christchurch and Poole Council (202010267)

REPORT

COMPLAINT 202010267

Bournemouth Borough Council

9 February 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

1. The complaint is about the landlord’s response to the resident’s reports of theft and antisocial behaviour (ASB).

Background

2. At the time of the complaint, the resident lived in a 1-bedroom bungalow classed as general needs. She had a secure tenancy dated 6 April 2009. On 30 January 2023, the resident moved to an independent living scheme (supported living). The resident is reported as having a diagnosis of paranoid personality disorder, cancer, and dementia.
3. The resident has been reporting issues with theft and antisocial behaviour (ASB) for several years. The resident believes her neighbour is stealing from her by accessing her home with a key provided by the landlord. She has reported these incidents to both the landlord and the police. She reports these thefts daily, sometimes up to 8 times a day.
4. The resident contacted this service on 10 December 2020 to raise her concerns. We contacted the landlord on the same day to relay the resident’s concerns. We asked it to respond to the complaint.
5. On 22 January 2021 we contacted the landlord to inform it that the resident wished to accept the new home the landlord had offered, but that she still wanted to pursue her complaint. The resident requested compensation.
6. The landlord provided its stage 1 complaint response on 10 February 2021. The landlord confirmed the resident had made several reports to the landlord and the police over the last 10 years of theft by the neighbour. The landlord said:
   1. each allegation had been investigated and contact made with other agencies including the police
   2. there was no evidence of any thefts taking place therefore the police had been unable to take any further action
   3. it had liaised with the police and as they were not investigating the allegations as a crime, it was unable to change the locks on each report, but she could have the locks changed privately
   4. it did not hold spare keys to the property, and it had never provided a key to the neighbour
   5. it was pleased the resident wanted to accept the flat offered to her
7. On 14 July 2021, the resident escalated the complaint. She alleged she was still being burgled daily and that paper, envelopes, and diary sheets had been stolen.
8. The landlord responded on 26 July 2021. It advised the resident that:
   1. the complaint had been fully investigated at stage 1
   2. as there was no evidence of theft/burglary, the police were taking no further action
   3. the landlord did not give the neighbour a key
   4. it had tried to support her to move and had contacted her GP to ensure the correct support was made available to her
9. The resident remained dissatisfied and escalated her complaint. The landlord explained that it had written to the resident on 14 July 2021 to confirm the complaint process had been concluded. The landlord told the resident that she could ask this service to investigate the complaint.
10. The resident remained unhappy and asked us to investigate. She is asked that the landlord change the locks and reimburse £477.50 for the new locks she paid for. The resident contacted us on 22 November 2022 to say the receipts for the lock change had been stolen.

Assessment and findings

The landlord’s response to the resident’s reports of theft and antisocial behaviour (ASB)

The scope of the investigation

11. The Ombudsman acknowledges that the incidents reported by the resident have caused her significant distress and anxiety. However, it is important to note it is not the Ombudsman’s role to determine whether the theft occurred or, if it did, who was responsible. What the Ombudsman can assess is how a landlord has dealt with the reports it has received and whether it had followed a fair and proper procedure and followed good practice, taking account of the circumstances of the case. The focus of the Ombudsman’s investigation is therefore on the landlord’s response to the allegations.
12. The landlord’s policy defines ASB as conduct which is likely to cause a nuisance or annoyance to a person residing, visiting, or otherwise engaged in a lawful activity in the locality. Examples of ASB given by the landlord include criminal behaviour.
13. The most recent reports from the resident started in 2020. The resident said the thefts were occurring when she is either not at home, or when she is in the bathroom or her bedroom. The landlord acknowledged the concerns and opened an ASB case on 15 September 2020. This was in line with its policy.
14. The landlord contacted the resident on 17 September 2020. The landlord advised the resident that it would contact the police regarding the allegations made and would provide feedback to her. It also said the police’s response would have a bearing on what action the landlord could take. This advice was reasonable as theft is a criminal offence, which would need the police to investigate.
15. The resident continued to report thefts from her home daily. The landlord confirmed to the resident and this service that it does not have spare keys to the property, and that it has never given a key to the resident’s neighbour. There is no evidence for this service to conclude that the landlord did issue a set of keys to the neighbour. It is also important to note that the resident reported thefts even when the tenants in the neighbouring property changed. Meaning the later reports were not about the same person as the initial allegations.
16. The landlord has liaised with the police about the allegations. The evidence confirms that the police have investigated and said there was no evidence of a crime. As such, the landlord considered that changing the locks was not necessary. This was reasonable under the circumstances.
17. The landlord recommended that the resident continue to report the thefts to the police. This was not unreasonable as the police have different powers than the landlord when investigating, taking action, and preventing criminal activity. Therefore, the police were best placed to investigate the resident’s concerns, instead of the landlord. The landlord would be expected to assist the police with any investigation and the evidence confirms that the landlord has done this.
18. The resident asked the landlord and her MP to be rehoused. The evidence confirms the landlord tried to support her with a move. Specifically, on 22 January 2021, the resident confirmed the landlord had offered her a new home and that she wanted to accept it. The resident later refused to move after accepting the property. It is not clear from the evidence why she later changed her mind.
19. The landlord confirmed it would continue to support the resident’s move, as it believed it would be better for her. The evidence confirms that the resident has now moved. Unfortunately, she has reported thefts from her new home by her neighbour, which the landlord continues to support her with.
20. The landlord has confirmed that the actions it has taken to support the resident include:
    1. liaising with her GP
    2. liaising with the police about the allegations
    3. home visits by the landlord, support officer and adult social care, to attempt to reassure and support the resident
    4. assisting the resident to move home
    5. arranging Multi-agency Risk Management meetings
21. The evidence confirms that the landlord has taken the allegations the resident has made seriously and has investigated them. The landlord has also provided support to the resident and liaised with partner agencies to ensure her welfare needs are considered. It has supported the resident in finding a new home and has since helped her move.
22. The police advised the landlord there would be no further action due to there being no evidence of a crime. The landlord can only reasonably take action for ASB when there is sufficient evidence to do so. It cannot take action based on allegations alone. The Ombudsman is satisfied the landlord acted appropriately and fulfilled its responsibilities when handling the resident’s allegations.

Determination

23. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s response to the resident’s reports of theft and antisocial behaviour.