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Dover District Council (202313200)

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REPORT

COMPLAINT 202313200

Dover District Council

6 November 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:
    1. Handling of reports of damp and mould at the property.
    2. Handling of reports of noise from the heating system.
    3. Handling of reports of the heating not working.
    4. Complaint handling.

Background and summary of events

  1. The resident is a secure tenant of the landlord. The property is a 2 bedroom bungalow. The landlord is a local authority. The landlord has vulnerabilities recorded for the resident which include a historic brain injury.

Landlord’s obligations

  1. The tenancy agreement explains the landlord’s responsibility for the structure of the property and says that it will carry out repairs it is responsible for within a reasonable time. The landlord does not have a repairs policy but its website explains the timeframes for certain repairs. It says a total loss of heating during the winter season would be treated as an emergency repair that it would aim to fix within 24 hours.
  2. The landlord’s safeguarding policy explains its approach to ‘making safeguarding personal’. It explains its approach to protect from harm and how at times it can adopt a multi-agency approach to discuss high risk cases.
  3. The landlord operates a 2 stage complaints process. Its stage 1 process explains that it will acknowledge complaints within 5 working days and provide a stage 1 response within 10 working days. However, if it needs more time it says it will inform the resident of a further 10 day extension. Its stage 2 process explains how it will provide a response within 20 working days.

Summary of events

  1. This section seeks to summarise events relating to the complaints considered within this report. It is important to explain that this summary is not an exhaustive list of what happened, instead it is a summary of key events that took place at that time.
  2. It is accepted that between January 2023 and January 2024, the landlord made a number of attempts to support the resident. Its attempts included it conducting multi-agency meetings, working closely with social services, the resident’s social worker and the resident’s immediate family members. There were times when the resident was in hospital and during those times the landlord continued to work with family members and social services to explore if the resident was in the right environment.
  3. The evidence shows the landlord completed its annual inspection of the heating system on 18 January 2023 and on 25 January 2023 it completed clipping work for a pipe.
  4. The resident initially reported mould on 18 April 2023 and the landlord booked an inspection for 11 May 2023. It attended to inspect the property on 11 May 2023 but had no access.
  5. On 13 July 2023 the landlord attempted to conduct a damp and mould inspection. However, its contractor said it could not complete the inspection and terminated it early as it did not want to cause distress to the resident. It noted that there were “no obvious signs of damp and mould within the living room or any obvious repairs.”
  6. In September 2023 a multi-agency meeting was conducted and the landlord liaised with the resident’s daughter to discuss providing support.
  7. On 27 September 2023 the landlord conducted a repairs inspection of the property. Its surveyor noted that the resident was asked to remove a bath installed into the wet room. It found no repairs were required at the property.
  8. This Service contacted the landlord on 2 October 2023 forwarding the resident’s complaint about noise from the heating system. The landlord sent an acknowledgement to the resident on 4 October 2023 and said it would contact her within 10 working days. It sent a further update on 19 October 2023 stating it would respond to the complaint by 30 October 2023.
  9. The landlord attempted to attend the property on 25 October 2023 but received no access. Further attempts to access the property were declined on 1 and 9 November 2023.
  10. On 10 November 2023 the resident’s social worker told the landlord that the resident was in hospital and would be for a few weeks. The social worker reported issues with damp, a “strong smell” and told it how it would be good to resolve the issues before the resident returned home.
  11. The landlord acknowledged the social worker’s contact on 14 November 2023 and said it would attend on 24 November 2023. It agreed the appointment time and day with the social worker.
  12. The landlord’s repair notes show it found there was not enough oil in the heating tank and provided 2 heaters to the resident on 20 November 2023. It is unclear what happened prior to this.
  13. The landlord’s inspection from 24 November 2023 notes that the resident was advised to “adequately heat and ventilate the property”. Its surveyor said the internal temperature was 14.4 degrees and external temperature was 12.9 degrees. It also noted that the resident “became extremely frustrated that it [mould] was not present or visible” during the inspection. It did not report any repairs at that time.
  14. The landlord issued its stage 1 response on 27 November 2023. It said it had investigated the loud noise from the heating system and found a new part was needed. It instructed a contractor on 19 October 2023 but due to access issues it could not complete the work until 16 November 2023. It apologised for the time taken to resolve the issue and told the resident to contact it should the noise reoccur.
  15. The resident reported her heating was not working on 29 November 2023. The call notes say the resident was distressed at that time and she told the landlord that she had returned from hospital. A contractor attended that day and suggested the landlord conduct a safeguarding visit at the property due to concerns about the resident. The landlord completed works on 30 November 2023 and made attempts to arrange a visit to assess the support required for the resident.
  16. The landlord received no access on 4 December 2023 and then spoke to the resident’s daughter. It made an urgent mental health referral and said it was “extremely concerned” about the resident. It liaised with the social worker, mental health professionals and the police due to its welfare concerns.
  17. The resident cancelled a repairs appointment for 6 December 2023. A further appointment was cancelled by the landlord on 9 December 2023, this was due to safeguarding concerns of its staff. Following this, the resident made a number of calls to the landlord which it referred to the police.
  18. This Service wrote to the landlord on 11 December 2023 about the resident’s escalated complaint request. The landlord was told the complaints were about damp and mould and the heating system. The landlord was asked to respond by 11 January 2024.
  19. The resident’s social worker told the landlord about a “definite damp problem at the property” on 11 December 2023. It attempted to attend the property the same day, but this was declined. The resident’s daughter provided pictures of mould on 14 December 2023.
  20. Internal emails from the landlord show its intention to provide the resident with additional heaters and its attempts to arrange a joint visit with the social worker for 15 December 2023. The resident declined this appointment and the landlord’s notes show it received a number of calls from the resident which led it to decide not to attend the property to provide electric heaters. At that time the social worker told the landlord that there was a “medium term solution” with the resident’s mother paying for the delivery of oil for the heating after Christmas. The landlord continued to follow up with support for the resident.
  21. On 18 December 2023 the landlord made a request for a mould wash and said it could not leave the resident with “mould in the property over Christmas”. The appointment was scheduled for 20 December but later moved to 22 December 2023 to allow the social worker to attend. Again, the landlord continued to follow up on support for the resident.
  22. The landlord’s notes show it received further distressing calls from the resident on 18 December 2023. The resident told the landlord that she was discharged from hospital.
  23. The landlord’s visit for 9:30 am on 22 December was declined by the resident. However, at 10:59 am the social worker told it that the resident agreed it could visit for the heating issue.
  24. The landlord’s internal emails from 30 December 2023 show it received further calls from the resident. The resident’s councillor contacted it on the same day and told it that it was “a crisis situation as the lady is extremely vulnerable with a brain injury and severe mental health”. It is noted that the landlord provided more temporary heaters to the resident on this date.
  25. On 2 January 2024 the landlord attended the property to complete repairs to the heating. It noted that the heating was working when it last attended on 20 November 2023. A mould wash appointment for 3 January 2024 was declined.
  26. On 11 January 2024 the landlord received emails from the resident which it found to be concerning. It had further concerns about the safety of its staff when attending the property. It referred the matter to the appropriate agencies, which included the police.
  27. The landlord issued its stage 2 response on 11 January 2024. It said:
    1. Damp and mould was first reported on 18 April 2023 and listed its actions following this, which included among other things:
      1. An inspection for 11 May 2023 was cancelled by the resident. It conducted an inspection on 13 July 2023 but the 2 inspectors left when the resident was upset as they did not want to cause any distress but found “no obvious” signs of damp and mould in the living room.
      2. An inspection on 27 September 2023 found no reports of damp and mould but the resident was asked to remove a bath that had been installed in a wet room.
      3. Following further reports of damp and mould it tried to attend on 23 November 2023 but there was no access. It attended on 24 November 2023 and did not find any mould growth but recommended the property be heated and ventilated, it said the temperature was 14.4 degrees at that time.
      4. It attempted to attend on 4 December 2023 but had no access and further attempts on 11 and 22 December 2023 and on 3 January 2024 were cancelled by the resident.
      5. It said it did not uphold the complaint as it responded to reports of damp and mould and its inspections found no evidence of damp and mould in the property.
    2. Noise from the heating system. It repeated its stage 1 response and said the loud noise should have stopped. It explained the oil heating system and that it could provide refresher information on how to order oil and provided information of organisations that could help those on low incomes and said its welfare advisors could assist if she was experiencing fuel poverty.
    3. It said how it wanted the resident to be happy in her home and said it held a “best interests” multi-agency meeting to support the resident’s needs.

Post internal complaints process

  1. Following the landlord’s internal complaints process it continued to work with multiple agencies in attempts to ensure the resident had the right support and that she was in the right environment for her needs. It liaised with the resident’s children as well as continuing its discussions with the social worker.
  2. On 1 February 2024 the landlord conducted an inspection of the property. It found a number of issues with the property and noted condensation mould on the walls and ceiling in the kitchen and around the front door. It arranged for a mould wash for 21 February 2024 and referred other items for replacement.

Assessment and findings

Scope of investigation

  1. In the resident’s communication with this Service further repairs have been raised including broken windows, broken doors, roof repair and leaks.
  2. In the interest of fairness, the scope of this investigation is limited to the issues raised during the resident’s formal complaint. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to the involvement of this Service. Any new issues that have not been subject to a formal complaint can be addressed directly with the landlord and progressed as a new formal complaint if required.

Handling of reports of damp and mould at the property

  1. The resident reported mould at the property on 18 April 2023. The landlord acted appropriately in arranging an inspection at that time. It booked an inspection for 11 May 2023 but was unable to gain access. It then acted appropriately in booking a further visit, this was also rearranged. When the landlord did attend on 13 July 2023 it was unable to complete the inspection due to concerns about causing the resident distress. However, its surveyor noted there were “no obvious signs of damp and mould” within the living room. When considering the circumstances and the need to balance its obligations for handling reports damp and mould and the resident’s wellbeing, the landlord’s approach here was reasonable.
  2. On 27 September 2023 the landlord conducted a further inspection and noted no repairs were required. However, it made further attempts to visit the property after this but received no access (on 25 October 2023, 1 and 9 November 2023). The landlord acted reasonably in continuing its attempts to inspect the property and meet its wider obligations when handling reports of damp and mould. It inspected the property on 24 November 2023 and did not find any mould. The landlord acted appropriately in relying on its surveyor’s report about the condition of the property at that time.
  3. When further reports of damp and mould were made on 11 December 2023 and it was provided with pictures of mould, the landlord appropriately requested a mould wash. Its attempt to attend the same day were declined.
  4. Due to the resident’s vulnerability, the landlord communicated appointments with the resident’s social worker and her children in attempts to arrange a further visit to the property. It is not disputed that its further attempts to attend were unsuccessful. However, it continued its attempts to attend the property and conducted a further inspection on 1 February 2024 and completed a mould wash on 4 March 2024. While it took the landlord almost 5 months to complete the mould wash, during this time it made at least 7 attempts to attend the property.
  5. Overall, the landlord appropriately attempted to arrange inspections of the property following reports of damp and mould. When it could not gain access, it proactively managed this and repeatedly made further attempts to inspect the property. The landlord’s approach was reasonable when considering its attempts to balance its wider obligations with the welfare of the resident and its staff.
  6. The landlord’s handling of reports of damp and mould at the property was appropriate in the circumstances and there was no maladministration.

Handling of reports of noise from the heating system

  1. The landlord completed its yearly assessment of the resident’s heating system in January 2023 and appropriately completed work required at that time.
  2. In September 2023 the landlord discussed the resident’s reports of noise from the heating system with her daughter. The evidence shows this was the first report of noise. Following this the landlord appropriately conducted an inspection (on 27 September 2023) and found a new part was needed. It instructed a contractor on 19 October 2023 and made attempts to arrange a visit to the property. While the landlord received no access on 3 occasions (25 October, 1 and 9 November 2023), it proactively managed the repair and liaised with the resident, her social worker and daughter in attempts to gain access to complete the works. It completed this work on 16 November 2023. While the landlord did not complete the work to the heating system until 16 November 2023, the evidence shows it did attempt to complete work within a reasonable time but the delay was outside its control. The landlord proactively managed the repair and appropriately rearranged the works until they were complete.
  3. Within its stage 1 response the landlord apologised for the time taken and told the resident that she could contact it if the noise happened again. This was reasonable and it is noted that there were no further reports of noise from the heating system.
  4. There was no maladministration in the landlord’s handling of reports of noise from the heating system.

Handling of reports of the heating not working

  1. In November 2023 the resident reported her heating was not working. The landlord appropriately conducted a same day visit, noted there was not enough oil in the tanks and provided electric heaters that day. This was appropriate and in line with its emergency repair timescale.
  2. The landlord received a further report of the heating not working on 9 December 2023. However, due to safeguarding concerns for staff, it made a decision to not visit the property at that time and referred the matter to the police and social services. In light of the serious concerns the landlord had at that time and the evidence seen by this Service, the landlord’s approach here was reasonable given the circumstances.
  3. On 14 December 2023 the landlord’s contractor said the resident reported further issues with the heating not working. A welfare issue was reported at that time. The evidence shows that the landlord attempted to arrange an appointment to resolve the issue and tried to attend on 15 December 2023, this was appropriate. However, this visit was declined and it could not attend that day to provide electric heaters.
  4. Following this, further attempts to visit the property were declined by the resident. However, on 22 December 2023 the resident agreed to the landlord attending for the heating issue. It is noted that this was after the resident declined access earlier the same day. However, it took the landlord 8 days, on 30 December 2023, to provide electric heaters. This timeframe was not appropriate and exceeded its 24 hour emergency timeframe for loss of heating during the winter.
  5. Overall, the landlord made reasonable attempts to attend the property to fix the issues prior to an extended public holiday period. However, when the resident agreed to it attending on 22 December 2023, it took 8 days to provide temporary electrical heating. It is acknowledged that during this time the landlord’s adopted a reasonable approach in focusing on the resident having the right support. It is also acknowledged that this would have been a difficult time for the resident, to have been left without heating for the timeframe, especially when considering her circumstances at that time. However, when considering the aggravating and the mitigating factors, the landlord’s handling of reports of the heating not working was not appropriate and amounts to maladministration.

Complaint handling

  1. It is unclear when the resident raised her complaint directly with the landlord. However, on 2 October 2023 this Service told the landlord to respond to the resident’s complaint by 30 October 2023. While the landlord acknowledged the complaint and kept the resident updated, it did not provide a response within the timeframe it said it would and took until 27 November 2023 to issue its stage 1 response. This was not appropriate.
  2. On 11 December 2023 this Service contacted the landlord again and the landlord treated this contact as the resident’s escalation request. At that time the landlord was asked to provide a response by 11 January 2024 and it met this timeframe.
  3. Overall, the landlord’s stage 1 response timeframe exceeded the timeframe it set within its complaints policy. While it initially kept the resident updated with response timeframes, when it missed its timeframe of 30 October 2023, it did not provide any further updates and took a further 20 working days to issue its stage 1 response. However, it appropriately apologised for its delayed response and as such the impact on the resident was limited. When considering this there was a service failure in the landlord’s complaint handling.

Determination (decision)

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was no maladministration in the landlord’s:
    1. Handling of reports of damp and mould at the property.
    2. Handling of reports of noise from the heating system.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in the landlord’s handling of reports of the heating not working.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme there was a service failure in the landlord’s complaint handling.

Reasons

  1. The landlord repeatedly conducted inspections when it received reports of damp and mould at the property and was reasonable to rely on its surveyor’s findings. When it was made aware of mould at the property it appropriately attempted to conduct a mould wash. The delay to complete the mould wash was outside its control.
  2. Following reports of noise from the heating system the landlord instructed its contractor and made several attempts to attend to complete work. While it took some time to complete the repair work, this timeframe was outside its control.
  3. The landlord worked closely with multiple agencies in its attempts to handle reports of the heating not working. While it acted reasonably in balancing concerns about the welfare of the resident and its staff, it exceeded its emergency timeframe to resolve the heating issue during the winter season.
  4. The landlord took around 2 months to issue its stage 1 response and failed to keep the resident updated of its delays after it did not meet the deadline of 30 October 2023.

Orders

  1. The Ombudsman orders the landlord to arrange for a senior manager to apologise to the resident for the failings identified within this report. This should be in writing and within 4 weeks of the date of this report.
  2. The Ombudsman orders the landlord to pay the resident a total of £300 compensation within 4 weeks of the date of this report. Compensation should be paid directly to the resident and not offset against any arrears:
    1. £200 for the distress and inconvenience caused by its handling of reports of the heating not working.
    2. £100 for the inconvenience of its complaint handling delay.

Recommendation

  1. The Ombudsman recommends the landlord conduct a further inspection of the property to assess its condition and the further work required, if any. If it finds work is required it should provide the resident, or her representative, with a timeframe for when it will complete the work.