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London Borough of Hillingdon (202323642)

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REPORT

COMPLAINT 202323642

London Borough of Hillingdon

29 April 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 the resident’s request for compensation, following a missed gas safety check appointment.

Background

  1. The resident is a secure tenant of the landlord, a local council. This is a 2 bedroom house. The resident has mobility issues and is a wheelchair user.
  2. The landlord’s records show that a gas safety check was booked for the resident’s property for 3 August 2023.
  3. The landlord’s gas contractor wrote to the resident on 10 August 2023. This was marked as a ‘2nd appointment letter’. It said that it had written to her with a “firm appointment” to carry out the annual gas service safety check. It said it had been unable to gain access and it had left a calling card, and would reattend on 21 August 2023, between 8 am and 12 pm.
  4. The gas contractor did not attend on 21 August 2023. The resident advises us that she emailed the landlord straight after the 21 August 2023, but this Service has not seen this communication. We have asked the landlord for the original communication from the resident, but it has not provided it.
  5. On 31 August 2023, the landlord responded to the resident via email. It apologised for the resident’s frustration. It said it had contacted its contractors and reminded them of the importance of communicating any appointment changes. It had rearranged the appointment for 4 September 2023.
  6. The resident submitted a stage 1 complaint on 31 August 2023. She said:
    1. The contractor had not attended (on the 21 August 2023) and had not contacted her to let her know. She had not been compensated for the non– attendance.
    2. She was not available on 4 September 2023. The only day she would be available was between 9.30 am and 12.30 pm on 28 September 2023.
    3. She had experienced other problems with the contractor and the landlord had previously instructed an alternative contractor to carry out works to her property, due to these issues.
  7. The landlord responded to the resident’s stage 1 complaint on 14 September 2023. It said:
    1. It was sorry to learn of the resident’s dissatisfaction.
    2. It had received a report from its contractor. The contractor confirmed that the resident had cancelled her first appointment on the day of the booking (3 August 2023). As the resident had given short notice of her cancellation, this was classed as ‘no access.’
    3. Its contractor confirmed that it had to rearrange the second appointment to 4 September 2023, due to an “engineer delay on the day”.
    4. The resident should have received written confirmation of the third appointment (4 September 2023). However, its contractor had attended on 3 separate occasions, so whilst there may have been some confusion, it believed the gas safety check could have been completed.
    5. It had no information on the resident’s file regarding previous arrangements using an alternative contractor. However, an alternative contractor would be taking over the landlord’s gas servicing and repair contract on 25 September 2023.
    6. It would not offer any compensation for the missed appointment. As it was changing contractors, it would review its current processes and identify improvements needed.
  8. The resident made a stage 2 complaint on 18 September 2023. She said:
    1. She cancelled the first gas contractor appointment (3 August 2023) as the contractor arrived on 3 August 2023, without prior notice. She was leaving for a hospital appointment when they arrived.
    2. She had received an appointment letter for a gas safety check arranged for 21 August 2023. She had waited in all day and the contractor did not come, nor did it call to cancel or rearrange. She wanted compensation for this missed appointment.
    3. The contractor had made the appointment for 4 September 2023, without consulting her. She had already let the landlord know that she was unavailable until the end of September 2023, as she had hospital appointments and procedures booked.
    4. She would await a new appointment from the new gas contractors. She asked the landlord to avoid certain specific dates in September 2023 and October 2023.
  9. The landlord responded to the resident’s stage 2 complaint on 27 September 2023. It said:
    1. It would not repeat the information summarised in its stage 1 response.
    2. There had been enough time for the gas safety check to have been completed during the complaint period. It was not helpful that the resident cancelled the original appointment on the day it was due to take place (3 August 2023).
    3. It understood the gas safety check had now been completed.
    4. The resident’s claim for compensation was denied.
  10. The resident contacted this Service on 10 October 2023. She said she wanted compensation for the missed appointment. She said she is a wheelchair user and the issue had caused her unnecessary stress and anxiety.

Assessment and findings

The landlord’s handling of the resident’s request for compensation, following a missed gas safety check appointment

  1. The landlord’s tenancy agreement says:
    1.  It is responsible, by law for carrying out a gas safety check on residents’ properties each year.
    2. Residents must allow its contractors to access the property to carry out gas safety checks.
    3. It will notify residents of the date on which the service will be carried out. If residents cannot keep the appointment, they must notify the landlord as soon as possible to make an alternative appointment.
  2. The landlord’s repair factsheet from its website says that if residents miss an appointment, its contractor will leave a card in the letterbox and residents should contact the landlord within 7 days to rearrange the appointment.
  3. There is no information available on the factsheet, as to what the process is if the landlord’s contractor misses an appointment.
  4. The landlord provides no information to residents in respect of contractors not attending appointments. There is no information on its repairs factsheet, regarding this. We would expect the landlord to have a published procedure in place so that residents know what to do, in cases of contractors’ non– attendance or lateness. This is a failing on the part of the landlord and caused the resident frustration and time and trouble in pursuing the issue.
  5. We have asked the landlord for a copy of its repairs policy and procedure but the landlord has not provided this. Without a policy and procedure, it is difficult to carry out a thorough investigation.
  6. The landlord’s financial compensation policy says that it may pay compensation if a ‘complainant has suffered as a result of delay by the landlord in taking some action.’  It can pay for distress and inconvenience and time and trouble. There are no figures available in its policy.
  7. The Ombudsman’s remedies guidance suggests a figure of between £50-£100 when there has been a minor service failure of short duration, which may include distress and inconvenience and time and trouble.
  8. The landlord’s reasonable adjustments guidance says that it must take reasonable steps in the way it works with disabled people to make sure they are not disadvantaged. It says it can provide reasonable adjustments in service delivery.
  9. The landlord was aware that the resident was a wheelchair user and had regular hospital appointments. It was appropriate that it asked its contractors to call the resident prior to arranging appointments. However, there is no evidence that the contractors did so, or that the landlord monitored this. Also, it then made an appointment for 4 September 2023, without consulting the resident first. This is a failing and caused the resident frustration and inconvenience.
  10. There is no evidence anywhere on file that the resident received a letter advising her of her original appointment (3 August 2023). The landlord’s tenancy agreement says that it will notify residents of the date of gas safety check appointments. The resident says it did not advise her of the appointment of 3 August 2023, and there are no copies of this appointment letter on file, so we have no reason to doubt this. This is not appropriate and contrary to its tenancy agreement. This caused the resident frustration and time and trouble in having to rearrange the appointment.
  11. There is no dispute that the landlord’s gas contractor did not attend the appointment of 21 August 2023. Although the landlord acknowledged this, it did not apologise, nor did it offer the resident any compensation. We would have expected the landlord to apologise and consider offering the resident a sum, in line with its compensation policy and our remedies guidance. This is because of the time and trouble, frustration and inconvenience caused to the resident.
  12. It was inappropriate that in its stage 1 complaint response of 14 September 2023, the landlord told the resident that the contractor had attended 3 times. The first time it attended, it did so without notice and it failed to attend on its prearranged appointment of 21 August 2023. This was an unreasonable response and caused the resident further frustration and time and trouble in pursuing the issue.
  13. Further, in its final complaint response to the resident, the landlord told her that the situation “was not helped” by her “cancelling the original appointment on the day it was due to take place.” This was an inappropriate response, and not resident focussed. Also, as outlined above, there is no evidence on file that the landlord’s contractor notified the resident of the original appointment so it was unreasonable that this was classed as a resident cancellation. This was inappropriate and caused the resident further distress and frustration.
  14. Due to the factors above, a finding of service failure is made, along with orders for redress.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the resident’s request for compensation, following a missed gas safety check appointment.

Orders

  1. Within 4 weeks of this report, the landlord is ordered to:
    1. Apologise to the resident for the failings identified in this report. The apology needs to be in writing.
    2. Pay the resident £75 for the stress and inconvenience and time and trouble in pursuing the issue. This is to be paid directly into her bank account and not offset against any arrears (if applicable).
    3. Review its repairs process and factsheet; to include the steps it will take in the case of missed or late appointments by its contractors.
  2. The landlord should provide the Ombudsman with evidence of compliance with the above orders.