London Borough of Hackney (202229637)

REPORT

COMPLAINT 202229637

Hackney Council

31 January 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

The complaint is about the landlord’s handling of:
1. The resident’s reports of loss of heating and hot water in her property.
2. The resident’s reports of damp and mould.
The Ombudsman has also considered the landlord’s complaints handling.

Background and summary of events

Background

The resident has been a secure tenant of the landlord for 10 years. The property is a three bedroom flat, in a new build block. The resident’s flat is on the first floor. She occupies the property with her son. She is housebound and uses a wheelchair. The resident is disabled. She has arthritis, a heart condition, asthma and lymphoedema.
Under the terms of the tenancy agreement the landlord is responsible for maintaining the structure and outside of the property including drains, gutters, and external pipes. It is also responsible for repairs to the systems for supply of water, gas and electricity, sanitation, heating, and hot water and keeping them in working order. The resident is responsible for internal decorations and minor repairs.
Landlords are required to consider the condition of their properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). The HHSRS, introduced by the Housing Act 2004, does not set out any minimum standards, but it is concerned with avoiding, or minimising potential hazards. Damp, mould, and excess cold, are potential hazards that fall within the scope of the HHSRS.
The landlord’s repair policy says it will respond to heating and hot water breakdowns within 24 hours if they occur between 1 November and 30 April. Between 1 May and 31 October, it will respond to breakdowns within their ‘normal’ response times, but it will prioritise residents who are elderly or vulnerable. The policy says the landlord will respond to urgent repairs within five working days but does not give examples of urgent repairs. It says it will respond to “normal” repairs within 21 working days. The policy states that timescales will be extended for certain repairs, where items need to be manufactured. It further states that “There are a number of ways we can support vulnerable customers. These services are generally for residents who are frail, elderly, or with severe physical health problems or disabilities. This may include giving greater priority for repairs or carrying out work outside of our usual policy.”
In November 2022, the landlord gave assurances to the Secretary of State that:
1. It aims to inspect damp cases reported to it within five working days.
2. It has put in place a dedicated option on its repairs reporting line for damp and mould.
3. In 2024, it will be undertaking a stock condition survey, incorporating specific assessments of damp and mould across all its housing stock, including category 1 and 2 hazards.
4. It will ensure that it fully assesses blocks it knows that are at greater risk of damp and mould.
The landlord’s website has a page with advice on damp and mould. It says it will inspect properties, where there have been reports of damp and mould, within five working days.
The landlord advises that “at the time of this complaint, the Council did not have a prescribed complaints policy.” The Ombudsman’s Complaints Handling Code, effective as of July 2020, provides that a landlord should operate a two stage complaints policy. It should aim to respond to stage one complaints within 10 working days and stage 2 complaints within 20 working days. The landlord has since published its complaints policy (updated December 2023) which complies with the requirements of the Code.
The landlord has provided this Service with a copy of its draft compensation policy that was in place at the time of the complaint. It states that its guidance on compensation follows the approach of this Service and refers to our remedies guidance. It further states that where internal repairs are delayed unreasonably, it may be appropriate to pay compensation at a rate of £10 per week. Higher amounts of compensation may be awarded, in serious repair cases, to recognise the detriment to a resident in terms of distress, harm or time and trouble.

Summary of events

Events prior to the period of this investigation

In October 2020, the landlord was the victim of a cyber-attack. The landlord has previously advised this Service, in relation to another investigation, that the cyber-attack resulted in “major disruption” to its repairs services, as it was unable to track the progress of reported repairs. This also meant that it was unable to review its repairs database. As a result of the cyber-attack, the landlord was not able to provide this Service with some of the information we had requested such as repairs logs and tenancy documents. The landlord has confirmed that it “is aware that the tenant has vulnerabilities.” Due to the cyber-attack, however, it has been unable to evidence how long it has been aware of her vulnerabilities or what her vulnerabilities are. This has been considered as part of this investigation.

Events during the complaint period

On 26 October 2020, the resident raised a complaint with the landlord about damp and mould in the property.
On 23 December 2020, the resident reported to the landlord that she had no hot water or heating. An emergency repair was raised for the same day. The same repair was reported on 24 December and an appointment was given for 29 December. The outcome of these repairs is not known.
The resident reported on 12 July 2021 that the property was damp. A surveyor’s appointment was raised that day. The resident chased this up on 20 July 2021. She informed the landlord that she was a disabled woman with asthma, and that she receives home oxygen therapy. She said that the damp conditions were affecting her health and she asked to be moved.
The resident’s stage 1 was investigated, and a response was issued on 23 July 2021. This Service has not been provided with a copy of this complaint response. The landlord has confirmed, however, that works were raised with its contractor to remove plaster in the affected areas and to then replaster the walls. It also instructed contractors to undertake a fungicidal mould wash to, and seal, the affected areas. These works were not completed.
On 11 October 2021, the resident contacted the landlord to report a total loss of heating and hot water. She also reported that there was damp and mould growth throughout her property. A routine repair was raised for 25 October 2021, although the landlord had asked that this be prioritised. The landlord’s records note that there was no access on that date, and the work order was closed. A surveyor’s appointment was also arranged for 3 November 2021, but the surveyor did not attend on the date as scheduled.
An operative attended regarding the heating on 4 November 2021. There are no records to identify what works were undertaken.
On 22 November 2021, the resident’s son contacted the landlord to ask that an operative attend to repair the heating and to inspect for damp and mould. An urgent repair was raised, and temporary heaters were delivered on 23 November 2021. This repair was subsequently cancelled in January 2022. A surveyor’s appointment regarding damp was arranged for 9 December 2021 but the surveyor did not attend.
On 9 December 2021, the resident again reported a total loss of heating and hot water. An emergency repair was raised, but then cancelled. Another emergency repair was raised on 10 December. An operative attended on 13 December 2021, but was unable to gain access.
On 21 December 2021, the resident contacted the repairs service again to report a total loss of heating and hot water. The job was completed on 22 December 2021, and the operative recorded that the works should be referred to the landlord’s external contractor. This did not happen until 18 January 2022.
The resident reported that she was without hot water and heating on 24 January 2022. Contractors attended that day and reported that a new heat pump was required.
On 15 April 2022, the resident made a complaint to the landlord via its website. She said that there was no hot water or heating, and the property was “extremely damp.” She said that she was a disabled and vulnerable tenant. She had raised repairs both with the landlord and its contractor, but there had been no progress.
On 20 April 2022, this Service contacted the landlord on behalf of the resident as she had not received a response to her complaint. The landlord was advised to respond by the 4 May 2022.
24. On 20 April 2022, the resident requested a damp survey, and an appointment was scheduled for 9 May 2022. The landlord’s notes record that the surveyor was not able to gain access and the repair was closed.
25. On 25 April 2022, the landlord acknowledged the resident’s complaint and advised that she should expect a response within 10 working days.
The landlord’s internal correspondence dated 25 April 2022, shows that there were no outstanding jobs on its repairs records for heating and hot water at the property.
The landlord issued its stage one complaint response on 4 May 2022. It stated that:
1. While the resident’s building does have hot water there was a problem with the heat pump and it was having difficulties finding a supplier to replace it. Temporary heaters had been provided. It hoped to resolve the issue shortly.
2. A surveyor would be attending to inspect the flat for damp and mould on 9 May 2022. If the surveyor identified remedial work, it would raise the works and contact the resident to schedule future appointments.
An inspection was raised for 9 May 2022, however, the landlord was unable to access the property on that day. A call was made to the resident’s number but there was no answer. As a result, the works order was closed with a note that “no follow on works will be issued following this inspection. Please re-schedule if further calls/contact is made.”
The landlord followed up with the contractors on 13 May 2022 in relation to the resident’s heating, however they said that no further action could be taken as they were awaiting a replacement heat pump. The part was replaced, and the heating repaired on 27 May 2022.
On 13 May 2022, the resident requested another damp survey, and an appointment was arranged for 26 May 2022. The property was inspected, and contractors were contacted on 13 June 2022 and asked to undertake works to address the mould and other repairs.
The resident asked to escalate her complaint to stage 2 on 18 May 2022. She said that she had only intermittent heating and hot water for more than 3 years and that there was damp and mould throughout her home. The surveyor had missed appointments, without notice to her. She also raised several repair issues that remained outstanding.
A repair was raised by the landlord, on 13 June 2022, to carry out remedial works to the heating and for mould removal and redecoration.
On 14 July 2022, the resident contacted the landlord again to ask that her complaint be escalated. She said that she had received no response to her requests dated 18 May and 11 July 2022.
On 21 July 2022, the landlord acknowledged the resident’s complaint by email and confirmed that she should receive a response by 11 August 2022.
The landlord’s records show that it attempted to contact the resident by telephone in relation to her complaint on 8 August 2022, but there was no response. A follow up email was not sent.
The landlord issued its stage 2 complaint response on 10 August 2022, in which it:
1. Found service failure regarding the delays in restoring heating and hot water to the resident’s property. This was due to the availability of parts; however, the landlord was responsible for ensuring that the resident had adequate heating and hot water during this time. It also failed to consider alternative accommodation for the resident given her vulnerabilities. Further, it accepted that there was service failure in its record keeping. It offered £300 in compensation for the unreasonable delays.
2. Upheld the resident’s complaint regarding damp and mould. It conceded that there were unreasonable delays to undertake internal works to the property. It offered £560 in compensation and advised that works would be undertaken in a timely manner.
3. Acknowledged service failure in its complaint handling, as it had not responded in accordance with the timescales outlined in its complaints policy. £75 was offered to the resident in compensation.
4. £400 in compensation was also offered for the resident’s time, trouble, and distress because of the delays to works. The total amount in compensation offered was £1365.
On 28 December 2022, the landlord’s records show that a job was raised again for a surveyor to “assess property for damp and mould, also legacy repairs and condition of dwelling for disabled tenant.” There was a target date of 23 March 2023 for the works to be completed.
On 3 February 2023, the landlord’s records show that the works order was closed following a surveyor’s attendance. It said that the damp issues had been treated via a private contractor engaged by the resident, however the “complaints raised by the elderly tenant was: Defective heating system and no hot water in the property.” Contractors were contacted as a result, but the outcome of their investigations have not been provided to this Service.
The resident referred her complaint to this Service for investigation in March 2023. She confirmed in January 2024, that the heating is still defective. She has not raised this issue again with the landlord since her complaint was concluded. She uses electric heaters in the property, which are costly. She has advised that she has no underfloor heating in the bedrooms and, until recently, she had heating in the living room, but this is now not working.

Assessment and findings

Scope of the investigation.

The resident and landlord have provided evidence dating back to 2020 in relation to this matter. This Service notes that the resident has raised these issues with the landlord over several years, and details of earlier reports have been helpful in providing a clear picture of both the history of this complaint to date, and the landlord’s interventions. For the purpose of this investigation, however, these previous reports and the landlord’s responses are referenced for contextual purposes only. This is because the Ombudsman is limited to investigating only those issues that have progressed through a landlord’s complaints procedure and then brought to the attention of the Ombudsman within a reasonable timescale. Therefore, this investigation will focus on events from July 2021 onwards.

Heating and hot water

The landlord’s repairs policy and the information on its website, contain some contradictory information to residents about heating repairs. The landlord’s webpage details heating repair priorities and timescales which differ dependent on the time of year. The landlord’s repairs handbook states that full or partial repairs to heating systems should be attended to within 24 hours. The Ombudsman has included an order below that this information be updated for clarity.
This investigation records that the resident had reported a total loss of heating and hot water on 11 October 2021, although it is acknowledged that she had been reporting issues with her heating since December 2020.
The Ombudsman notes that there were several service failures in the landlord’s response to this issue. Firstly, repairs were given the wrong priority on occasion with works being marked for routine repairs rather than emergency. Some works were raised but then cancelled in error. Appointments were also cancelled without notice. Works were not raised until some weeks after they had been reported. The lack of records for this period mean that it is not always evident whether works were completed or, if not, what follow on works were to be actioned. Between October 2021 and April 2022 when the resident raised her complaint, she had reported a total loss of heating and hot water to the landlord on at least five occasions. The problem with the heating was not identified by contractors until January 2022, some three months after this was first raised with the landlord.
The records the landlord has provided show that some repairs were closed after one failed appointment. It is unclear, due to the lack of records for this period, whether the reasons for failed access were explored with the resident. It is noted that the resident’s first language is not English, and she is a disabled person with several health needs. The landlord has an obligation to undertake repairs within a reasonable period of being given notice of them. Further attempts should therefore have been made by the landlord to gain access to the property to meet its legal obligations. There is no evidence that the landlord considered the resident’s disability, and whether reasonable adjustments should have been made to remove any barriers to her accessing the service.
The landlord has said its electronic housing file had no notes regarding the residents’ vulnerabilities. However, it accepts its jobs orders had recorded that the resident was elderly and vulnerable. The landlord’s Repairs Policy sets out the various ways in which the landlord will try to support vulnerable residents where repairs are required. The evidence does not show that separate consideration was given to the resident’s health issues or vulnerability, as would be expected in a case like this. The landlord should have reviewed the repair at an early stage and assessed whether the resident should be offered a decant. This did not happen. While it was appropriate that the landlord provided the resident with temporary heaters in November 2022, given the urgency of the repair, it was not monitored to completion with job orders cancelled.
There was a further delay of 4 months in the repair being completed. The contractors said that there was a problem with ordering the part which had caused the delay. Due to the lack of records, it is unclear whether the landlord had followed this up with the contractor, however it was unreasonable for a vulnerable household to be left without a functional heating system over the cold winter period. it would have been reasonable for the landlord to have reviewed the matter and revisited other options with the resident. There was no evidence that this was done.
It is not disputed by the landlord that there was an unnecessary and prolonged delay in establishing the full facts of the resident’s case. In its complaint response, the landlord apologised for its mistakes. It said that, as a point of action, it would review service provision with senior management and that alternative approaches were being considered to prevent further service failures of this nature. While it is positive that the landlord acknowledged its failings, this Service has not seen any evidence to demonstrate it carried out an investigation into why its work orders were not completed within the required timescales or were given incorrect priority. This would have been appropriate, in the circumstances, for it to learn from its mistakes.
In addition, its offer of £350 compensation did not adequately reflect the impact the issues had on the resident, considering the resident’s lack of a warm home over the winter period. Further, as a very short term measure the landlord’s supply of temporary heaters would have been adequate. However, given the length of time it had taken for the repairs to be completed, use of the heaters over an extended period would have been very costly for the resident. The landlord did not consider this issue in its stage two response or offer compensation, in lieu of additional utility costs. Moreover, there was no reference to the impact that its failings had on the resident herself, given her vulnerabilities and her concerns about the potential impact on her health.
Overall, there has been maladministration in the landlord’s handling of repairs. While the Ombudsman has considered the impact of the cyber-attack on the landlord’s service delivery and record management, it evidently still held records of work done from October 2020, when the issue was first reported. It should, therefore, have been aware of the unreasonable length of time that had elapsed since the resident first raised the repair.
Considering all the circumstances of the resident’s case, it is reasonable for the landlord to pay the resident an additional amount in compensation to satisfactorily resolve this aspect of the complaint. This has been considered further below.

Damp and mould

The landlord’s repairs policy, at the time of the complaint, would have categorised damp and mould as a ‘normal’ repair with an appointment to be scheduled within 21 days and works to be raised thereafter. The Ombudsman’s spotlight report on damp and mould (October 2021) recommends that landlords should take a “zero tolerance” approach to damp and mould. In this case, the resident reported damp and mould in the property, to the landlord, on at least 8 occasions between October 2020 and December 2022. In response, a surveyor attended on two occasions and raised works, but they were not completed. On two other occasions the surveyor did not attend. On a further two occasions there was no access to the property. The records do not evidence what steps were taken regarding the resident’s other reports. The resident was put to time and trouble following this up with the landlord. Overall, the landlord’s response was unsatisfactory.
This Service acknowledges that resolving an issue such as damp in a property is not always a straightforward matter. The cause of the damp may not always be clear, and it may take several visits for the problem to be identified and resolved. In this case, however, there is no evidence that the landlord took a collaborative or investigative approach with its contractors to address the issue. It failed to oversee the repair and the works were poorly co-ordinated.
The resident had asked to be moved as she believed that the conditions were having a detrimental impact on her health, but there is no evidence that this request was considered by the landlord. As with the heating repairs, there is no evidence that the landlord complied with its repairs policy in assessing the risk to the vulnerable resident and prioritising works accordingly. The landlord failed to have oversight of the repairs which led to works not being completed. The condition of the property deteriorated to the extent that the resident had to make arrangements herself for the works to be undertaken in February 2023.
Furthermore, the landlord’s record keeping practices were insufficiently robust, and this prevented recovery of the information lost during the cyber-attack in October 2020. The repair and contact logs provided to this Service by the landlord were limited, with significant gaps in the records. While the impact of the cyber-attack on service delivery is noted, the landlord still has an obligation to its residents and should acknowledge any inconvenience caused when these obligations are not met. Whilst it is not the remit of this Service to investigate the information technology arrangements of the landlord, the absence of records contributed to an extended period of serious detriment to the vulnerable resident. It is noted, however, that the landlord has recently confirmed to this Service that it is reviewing its information management systems in line with the recommendations included in the Ombudsman’s spotlight report on knowledge and information management (May 2023) and it is confident that this will lead to a significant improvement in service delivery.
After careful consideration, this Service makes a finding of severe maladministration in relation to this aspect of the complaint. This is because there is evidence of the landlord repeatedly failing to provide the same service, put things right, and learn from outcomes. These failures had accumulated over an extended period and have had a significant impact on the resident.
While the landlord had acknowledged these failings in its complaint response, its offer of £560 in compensation was not proportionate to the detriment the resident had suffered. In consideration of all the circumstances, the Ombudsman has ordered that the landlord pay the resident an amount in compensation.
In considering redress for both the damp, mould, and delays to repairs to the resident’s heating systems, compensation has been calculated as follows:
1. £2588 for loss of amenity for the period 12 July 2021 to 3 February 2023 based on 20% of the weekly rental amount.
2. £850 for the resident’s distress and inconvenience.

Complaints handling

The landlord delayed in responding to the resident’s stage one complaint and did so only after the intervention of this Service. However, the delay of 8 days was not excessive and therefore the detriment to the resident would not have been significant. The resident was put to time and trouble in asking to escalate her complaint on three occasions, with no acknowledgement from the landlord. Its response was delayed by 40 working days outside of the recommended timescales in the Ombudsman’s Complaint Handling Code. This was a failing.
In its stage two response, the landlord acknowledged the delays in its complaints handling and offered the resident £75 in compensation. It gave assurances that works would be undertaken in a timely manner but did not provide any timescales for the works. In neglecting to include this information, the landlord failed to manage the resident’s expectations, particularly given the delays in actioning the repairs. While it did respond to the issues raised, it should have gone further and set out the dates when the remedial works would commence. The works should have been monitored to completion before the complaint was closed. Overall, the landlord’s complaint handling was unsatisfactory, and a finding of maladministration has therefore been made. The Ombudsman also orders the landlord to pay the resident £300 in compensation.
This Service notes that the landlord has recently updated its corporate complaints policy and has introduced new guidance to staff on handling housing complaints, from September 2023.

Determination (decision)

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its response to the resident’s reports of a loss of heating and hot water in her property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was severe maladministration by the landlord in its handling of the resident’s reports of damp and mould in her property.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its complaints handling.

Reasons

There were significant delays in dealing with repairs to the resident’s heating. The landlord did not adhere to its Repairs Policy or act reasonably in the circumstances of the case. This led to the resident suffering distress and inconvenience for an extended period.
The landlord failed to address the damp and mould in the resident’s property. Its response was lacking, with works raised and not completed and appointments missed. There is no evidence that consideration was given to the resident’s vulnerabilities. This had a seriously detrimental effect on the resident, who then arranged for the works to be completed by a private contractor.
The landlord did not deal with the complaint in accordance with this Service’s Complaints Handling Code and, as a result, the resident was caused additional inconvenience and put to further time and trouble.

Orders and recommendations

Within four weeks of the date of this report, the landlord is to:
1. Provide a written apology to the resident from a member of the senior leadership team for the failings identified in this report.
2. pay the resident compensation of £4788 which comprises of:
  1. £2588 for loss of amenity.
  2. £850 for the resident’s distress and inconvenience caused by the damp and mould and inadequately heated property.
  3. £300 for the resident’s time and trouble caused by the landlord’s complaint handling failures.
  4. £1050 in contribution towards costs incurred by the resident in:

(1) Paying for a private contractor to undertake the damp and mould works in Feb 2023.

(2) Meeting the costs of running temporary heaters in the property, for an extended period.

This replaces the landlord’s previous offer of £1365 in compensation.

Confirm with this Service that payment has been made to the resident.
The landlord is to arrange for its surveyor and/or a specialist contractor to:
1. attend the property to inspect the heating system.
2. confirm with this Service if any works are raised following the inspection.
3. if so, to confirm with this Service once works are completed.
4. To arrange a follow-up appointment with the resident following works, to check that the repairs have resolved the issue.
5. to confirm with this Service that the heating system provides adequate heat for the property.
The landlord is to arrange for its surveyor and/or a specialist contractor to:
1. Attend the property to undertake a damp inspection.
2. To confirm with this Service if any works are raised following the inspection.
3. If so, to confirm with this Service once identified works are completed.
4. Where works are raised, to arrange a follow-up appointment with the resident once the works have been completed, to check that the issue has been resolved.

Within 6 weeks of the date of this report the landlord is to review its repairs guide in relation to heating repairs. It is to:
1. Cross reference the information on its website against the information in its repairs guide regarding seasonal timescales for heating repairs to ensure that the information is consistent.
2. To consider whether these timescales should be applied in the case of elderly, vulnerable and disabled people and to update its policy to reflect this.