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Clarion Housing Association Limited (202427773)

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REPORT

COMPLAINT 202427773

Clarion Housing Association Limited

25 June 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:
    1. The resident’s request for adaptations at her property.
    2. The associated complaint.

Background

  1. The resident is an assured tenant of the landlord. The resident’s property is a bungalow.
  2. The resident is registered disabled and is a wheelchair user. She has several health conditions which the landlord is aware of.
  3. On 14 February 2023, the resident’s occupational therapist (OT) sent a letter to the landlord requesting it to carry out adaptation works to the resident’s property. The requested works included:
    1. Widening the door between the living room and kitchen to allow for a clear opening for suitable wheelchair use.
    2. Installation of a level access shower and specialist toilet.
    3. Installation of ceiling track hoists in the bedroom and living room.
  4. On 2 August 2023, the resident’s GP contacted the landlord asking for an update on the adaptation works to the resident’s property.
  5. On 23 July 2024, the resident submitted her complaint to the landlord. She explained she received a new wheelchair, which resulted in most of the property becoming inaccessible for her due to the doors being too narrow. She stated she had been using her living room as a bedroom and bathroom for the last 2 years. The resident explained she was still waiting for a decision from the landlord on the adaptation works.
  6. The landlord provided its stage 1 complaint response to the resident on 23 August 2024. It apologised for its delays and communication in relation to the resident’s adaptation works. The landlord stated there had been delays obtaining quotes for the works and explained it was waiting to receive the final quote, and it would keep the resident updated. In addition, it also apologised for the delay in responding to her complaint. The landlord offered the resident £150 compensation, which included £100 for its delays with the adaptation works and £50 for complaint handling delays.
  7. On 2 September 2024, the resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. She stated she was under the impression that her adaptation request had been refused, and she wanted an explanation.
  8. On 17 September 2024, the landlord called the resident to explain that the works had been approved, and it had appointed a contractor.
  9. The landlord provided its stage 2 complaint response to the resident on 30 September 2024. It confirmed the approval of the adaptation works, and it had received the grant from the local authority and appointed a contractor to complete the works.
  10. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated she wanted the adaptation works resolved so she could have some independence, and she wanted additional compensation for the distress and inconvenience caused by the landlord’s delays.
  11. On 30 April 2025, the landlord wrote to the resident and confirmed that the adaptation works had been completed. However, it stated there were some snagging works outstanding. It apologised for the delay in completing the works and offered the resident an additional £300 compensation for the distress and inconvenience caused by the delay. The landlord also confirmed it would complete the identified snagging repair issues.

Assessment and findings

Scope of Investigation

  1. The resident raised concerns that she initially requested adaptations to the property in August 2022 when she received a new wheelchair. The Ombudsman acknowledges the resident’s comments about the length of time the issue has been ongoing for. We acknowledge it is a longstanding issue which has caused difficulties for her. However, there is no evidence of her raising a formal complaint to the landlord until July 2024. Paragraph 42(c) of the Housing Ombudsman Scheme (available on our website), explains that this service may not investigate complaints that were not brought to the attention of the landlord as a formal complaint within a reasonable period, normally within 12 months of the matters arising. However, in this instance, we will consider the actions the landlord took following the OT approval of the adaptation works in February 2023 as this is a key event relevant to the resident’s complaint.

The resident’s request for adaptations at her property.

  1. The landlord’s aids and adaptations policy explains aids and adaptations can be defined as a piece of equipment (fixed or otherwise) or an alteration to a property that improves the standard of living for a resident by supporting the safe, comfortable, and practical access and usage of their property.
  2. In addition, the policy states the landlord requires an OT referral for all aids and adaptation requests, both minor and major. The aids and adaptation policy explains that a major adaptation costs between £1,000-£3,000 and includes adaptations such as a wet room and wheelchair adaptations. It also states that complex adaptation requests should be sent to its technical inspection officer or surveying team for review.
  3. In February 2023, the resident’s OT completed an assessment at the resident’s property and contacted the landlord and requested it to complete adaptation works to the resident’s property as part of the landlord’s major adaptions process and under the disabled facilities grant (DFG). Following the OT’s request, there was a delay in the landlord arranging an inspection of the resident’s property to assess the suitability of the requested works. The landlord failed to carry out the inspection until July 2023, the delay was unreasonable.
  4. The landlord also failed to keep the resident updated on the progress the adaptation works request. Due to this, the resident’s GP contacted the landlord in August 2023, asking for an update on the adaptation works. The Ombudsman would have expected the landlord to provide regular updates to the resident about the adaptation request. However, it failed to do this.
  5. There were further delays with the resident’s adaption request due to the landlord’s surveyor, who carried out the suitability assessment leaving the landlord. Therefore, the landlord’s new surveyor had to attend the resident’s property and carry out another suitability assessment, which was completed in November 2023. The Ombudsman recognises the landlord’s surveyor leaving would have been outside the landlord’s control.
  6. Following the completion of the suitability assessment, the landlord declined the works in January 2024 due to the works including structural changes. However, shortly after, the landlord reviewed the adaptation works again and approved it and contacted contractors to obtain quotes for the works. There was a considerable delay in the landlord obtaining quotes for the works and it failed to keep the resident updated with the progress of the adaptation request, which was unreasonable.
  7. Due to the adaptation works remaining outstanding, the resident submitted a complaint to the landlord. As part of her complaint, she explained that most of her property had become inaccessible for her due to the doors being too narrow. As a result of this, she had been using her living room as a bedroom and bathroom. The Ombudsman recognises it must have been very difficult for the resident not to had been able to access other parts of her property, including her bathroom and bedroom.
  8. The landlord acknowledged and apologised in its stage 1 complaint response for its delays and communication in relation to the resident’s adaptation works. It also offered the resident £100 compensation to recognise the distress and inconvenience caused by the delays. Considering the length of time the adaptation works had been outstanding and the   impact the delay would have had on the resident, the amount of compensation offered by the landlord was not sufficient to recognise the distress and inconvenience.
  9. On 17 September 2024, the landlord contacted the resident and explained that the works had been approved, and it had received the funding from the local authority and appointed a contractor. The landlord also reconfirmed this information in its stage 2 complaint response sent to the resident. Following the appointment of the contractor, we would have expected the adaptation works to be completed within a reasonable period of time.
  10. The landlord completed the adaptation works to the bathroom in November 2024, which included fitting a level access shower and specialist toilet. In addition, the last of the adaptation works, which included widening the door between the living room and kitchen and the installation of the ceiling hoists in the living room and bedroom, were completed at the end of March 2025.
  11. Shortly after the landlord completed the works it wrote to the resident and apologised for the delays in completing the adaptation works. It also offered the resident £300 compensation, which is in addition to the £100 it offered during its complaints process. However, there was a considerable delay in the landlord completing the adaptation works and the resident was restricted to her living room. The amount of compensation offered by the landlord was not sufficient to recognise the distress and inconvenience caused to the resident.
  12. Although the landlord eventually completed the adaptation works, there were snagging issues identified and reported by the resident. The snagging issues reported included a damaged toilet hinge caused by the landlord’s contractor, issues with new flooring in the bathroom bubbling up due to water going underneath the flooring, and a ripped area on the carpet which was a potential hazard to the resident when moving her wheelchair over the affected area. The Ombudsman recognises the landlord agreed it would resolve the snagging issues. However, the resident has confirmed they remain outstanding. Therefore, we recommend the landlord resolve the snagging issues as soon as possible.
  13. In addition, the resident has also stated that the landlord installed the ceiling hoists, but they did not provide the resident with the correct harnesses. Therefore, she cannot currently use the hoists, and the landlord is aware of this. It is unclear whether it’s the landlord’s responsibility to provide the harnesses. If it is the landlord’s responsibility, it is recommended that it provides the resident with the correct harnesses, or alternatively, if the landlord is not responsible, it should write to the resident and provide her with details about who she needs to contact to obtain the correct harnesses.
  14. Considering there was a significant delay in the landlord completing the adaptation works and the resident was restricted to her living room whilst the works remained outstanding. There has been severe maladministration by the landlord in its handling of the resident’s request for adaptations at her property. The Ombudsman has considered that compensation based on rent is appropriate. We consider that compensation based on 30% of the rent is appropriate for the period of 17 September 2024 until 31 March 2025, which is approximately 28 weeks. This period is from when the landlord appointed a contractor and received the funding from the local authority until when the works were completed. The Ombudsman calculates the refund to be awarded to the resident as follows:
    1. Net weekly rent was £115.45.
    2. £115.45 x 28 = £3,232.60 
    3. 30% of £3,232.60 = £969.90 (rounded up to £970).
  15. The landlord is to pay compensation of £970 based on rent. In addition, it would be appropriate for the landlord to pay the resident £1,000 compensation for the distress and inconvenience caused by its considerable delays. This amount is in addition to the £400 compensation the landlord offered during and after its complaints process. The total amount of compensation awarded is in line with the Ombudsman’s approach to compensation set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £1000 or more where there have been serious failings by the landlord, which had a significant long-term impact on the resident.

The associated complaint.

  1. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy includes the same timescales referenced in the Code.
  2. The resident submitted her complaint to the landlord on 23 July 2024. Following this, the landlord provided its stage 1 complaint response on 23 August 2024. It took the landlord around 23 working days to provide its stage 1 complaint response. The response was late and not compliant with the 10-working day timescale referenced within the Code and the landlord’s complaints policy.
  3. On 2 September 2024, the resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. The landlord provided its stage 2 complaint response to the resident on 30 September 2024. The response was on time and compliant with the timescales referenced in the Code and the landlord’s own complaints policy.
  4. The landlord acknowledged in its stage 1 complaint response that there was a complaint handling delay. It apologised and offered the resident £50 compensation in its stage 1 complaint response for its complaint handling error. The compensation offered to the resident complies with the Ombudsman’s remedies guidance referenced above. The compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress for this aspect of the complaint.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration by the landlord in its handling of the resident’s request for adaptations at her property.
  2. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, resolves the concerns about the landlord’s complaint handling satisfactorily.

Orders

  1. The landlord is ordered to:
  2. Pay the resident £970 compensation based on rent, as set out in the calculation above in this report.
  3. Pay the resident £1,000 compensation for the distress and inconvenience caused by its errors in its handling of the resident’s request for adaptations to her property.
  4. Pay the resident £300 compensation it offered to the resident in April 2025.
  5. The landlord must comply with the above orders within 4 weeks of the date of this report, providing evidence to the Ombudsman that it has done so by the same date.

Recommendations

  1. We recommend the landlord pay the resident its original offer of £150 compensation offered during its complaint process if it has not already done so. The Ombudsman’s finding of reasonable redress for complaint handling is based on the understanding that this compensation will be paid.
  2. We recommend the landlord resolves the snagging issues referenced above within 4 weeks of the date of this report.
  3. We recommend the landlord provides the resident with the correct harnesses or alternatively, if the landlord is not responsible for this, it should write to the resident provide her with details on who she needs to contact to obtain the correct harnesses within 4 weeks of the date of this report.