London Borough of Barnet (202312816)
REPORT
COMPLAINT 202312816
London Borough of Barnet
21 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 landlords handling of repairs to plasterwork in the property.
- The Ombudsman has also considered the landlord’s complaints handling.
Background
- The resident occupies the property under a secured tenancy agreement. The landlord is a local authority. The resident has told the landlord they have a learning difficulty.
- The property is a one-bedroom flat in a medium rise building. The resident has occupied the property since 2016.
- On 2 February 2023 the resident reported to the landlord that plastering in the property had become damaged as a result of damp and mould.
- On 18 April 2023 the resident complained to the landlord about how long it was taking to repair the plastering. The resident said they worked night shifts and the appointment’s the landlord offered clashed with their working hours. The resident said they were frustrated that the landlord often missed appointments, or they attended to take photographs and didn’t conduct any repairs.
- In its stage one complaint response on 18 May 2023, the landlord said:
- it had sent a contractor to conduct the plaster repairs due to the size of the work required
- it could only identify one occasion where an operative had not attended a scheduled appointment
- it asked the resident to supply further details about missed appointments so it could look into the resident’s concerns
- the plaster repairs had been completed on 5 May 2023
- it offered the resident £10 compensation for the missed appointment
- On 1 June 2023 the resident escalated their complaint as they were not satisfied with how the landlord dealt with the repair.
- In its stage 2 complaint response on 9 July 2023, the landlord said:
- it apologised for the delay in responding to the resident
- it partially upheld the resident’s complaint as there had been a one-month delay in the landlord sending a surveyor to the property to conduct a pre-repair inspection
- the landlord said it had learned from this delay and had now hired a supervisor whose role was dedicated to managing contractors
- it had reviewed its records and could not identify any further occasions where it had not attended pre-scheduled appointments
- it had identified an occasion where it sent the wrong tradesperson to the property, and it apologised for this
- the landlord said there had been occasions where operatives could not conduct the required work as the resident had not moved furniture prior to an appointment
- it asked the resident to supply further details about missed appointments so it could discuss these with its contractor
- it offered the resident £100 in compensation for the delays they experienced
- On 10 July 2023 the resident contacted this service as they remained dissatisfied with the landlord’s response to their complaint as they felt the compensation the landlord offered was too low.
Assessment and findings
The landlord’s handling of the plaster repairs
- The landlord repairs policy says when there is no immediate risk associated with a reported repair, the landlord will aim to complete a first appointment within 15 working days. When a repair is planned, the landlord will aim to conduct a pre-repair inspection within 25 working days.
- The decision to conduct a pre-inspection is at the landlord’s discretion. It will usually opt to conduct an inspection where the matter is an on-going issue, is complex or when specialists or specialised equipment is required.
- The landlord’s compensation policy says the landlord will offer £10 in compensation when it, or its contractors miss appointments. The landlord can also compensate residents for distress and inconvenience. When the landlord’s service does not meet expected standards, and this causes the resident minor inconvenience, the landlord can offer an apology or up to £50 in compensation. When the landlord service does not meet expected standards, and where this causes the resident distress, the landlord can offer £50 to £100 in compensation.
- On 2 February 2023 the resident reported to the landlord that plastering in the property was damaged and coming off the walls in multiple rooms.
- On 18 April 2023 the resident complained to the landlord. In this complaint the resident said they were dissatisfied with how long the landlord was taking to complete the repair. The resident also said they were frustrated by the landlord missing appointments, and that operatives would attend the property to take photos and they didn’t conduct the repairs. The resident said this affected their ability to work their required hours.
- Under the landlord’s repairs policy it has the discretion to conduct a pre-inspection, and it can do so in matters which are complex and require a specialist. Considering the plastering required repairing in multiple rooms, and the landlord would need to arrange for a plasterer to complete the repair, it was fair and reasonable for it to arrange pre-repairs inspections.
- The landlord investigated the resident’s complaint about missed appointments in both its stage one and stage 2 responses. The landlord only identified one occasion where an appointment was missed, and one occasion where it accidently sent the wrong tradesperson to the property. In its stage one response, stage 2 response and a complaint extension letter the landlord asked the resident to supply it with times and dates of any additional missed appointments. The landlord said it would investigate these occasions and discuss them with its contractor. This is evident of the landlord displaying good customer service and a willingness to improve its services.
- In its stage 2 response the landlord said there had been a delay in its contractor conducting a pre-inspection, and it apologised for this. The landlord offered the resident £100 in compensation for the delays they experienced. This figure was appropriate and in-line with the landlord’s compensation policy. The landlord also informed the resident it had learned from this experience and had employed a member of staff to manage its contractors going forward, this was appropriate.
- The landlord completed the plastering repair on 5 May 2023. While the landlord said there had been a one-month delay in completing the pre-inspection, a 3-month timescale to complete a skilled repair in multiple rooms was not unreasonable.
- When considering the landlord’s offer of an apology, £110 compensation and an explanation of improvements it had made, the Ombudsman considers the landlord offered the resident reasonable redress.
The landlord’s complaint handling
- The landlord operates a complaints policy. Under this policy the landlord commits to acknowledging complaints within 5 working days, and to provide its stage one response within 10 working days of the acknowledgement. If the landlord is not able to provide its stage one response within 10 days, it can extend its timescale by a further 10 days if it writes to the resident and explains why it requires an extension.
- If the resident wishes for their complaint to be escalated to a stage 2 complaint, the landlord will acknowledge this request within 5 days and provide its response within 20 working days of the acknowledgement. If the landlord cannot meet its timescales for its stage 2, it can extend this date by 10 working days if it writes to the resident to explain why an extension is needed.
- The landlord’s compensation policy is discussed in paragraph 13.
- On 18 April 2023 the resident complained. The landlord acknowledged the residents complaint the following day, which was appropriate and in-line with its complaints policy. On 4 May 2023 the landlord sent the resident a letter explaining it needed more time to produce its stage one response, this was 11 working days after the acknowledgement date. The landlord sent the extension letter one day after it was due to send its stage one response.
- Although the extension letter was sent a day late, its contents were appropriate. The letter explained the reason behind the extension request, and included that the resident could expect a response by 18 May 2023. The landlord sent its stage one response on 18 May 2023, this was in-line with its commitment made in the extension letter. This was appropriate.
- The resident escalated their complaint on 1 June 2023. The landlord provided its stage 2 response on 9 July 2023, 23 working days after the landlord acknowledged the resident’s escalation request. This was 3 working days outside of the landlord’s expected timescales.
- The landlord apologised for the delay in sending its stage 2 response. The landlord said delays had occurred as its complaints department had been experiencing major resourcing challenges. It reassured the resident the challenges it was experiencing did not impact how thoroughly it had investigated the resident’s complaint. This was appropriate.
- Under the landlord’s compensation policy, it can offer the resident compensation ranging from an apology to £50 when its actions cause a resident minor inconvenience. As such the landlord’s apology was appropriate in the circumstances and in-line with the landlord’s policy.
- The Ombudsman has determined that the landlord offered the resident reasonable redress. The delays the resident experienced in the landlord’s complaint handling were limited to four working days, and the distress the resident would have experienced from such delays would have been limited. The Ombudsman considers that the landlord’s apology was sufficient in the circumstances, and that it was in-line with the landlord’s policy.
Determination
- In accordance with paragraph 53.b of the Scheme, the landlord offered the resident reasonable redress in respect of its handling of the plastering repairs.
- In accordance with paragraph 53.b of the Scheme, the landlord offered the resident reasonable redress in respect of its complaint handling.
Recommendations
- The Ombudsman’s determination of reasonable redress is made on the understanding that the compensation previously offered of £110 is paid to the resident if the landlord has not yet paid this amount.