Citizen Housing (202202661)

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REPORT

COMPLAINT 202202661

Citizen Housing

6 February 2023


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 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. response to the resident’s request to be compensated following a total loss of gas to the property.
    2. complaints handling.
  1. The resident has also raised a complaint regarding the gas supplier’s response to her request for compensation following a total loss of gas supply to the property.

Jurisdiction

  1. What we can, and cannot consider, is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.
  2. Paragraph 41(b) of the Housing Ombudsman Scheme notes as follows:

41. The Ombudsman cannot consider complaints which, in the Ombudsman’s opinion:

b) concern matters which do not relate to the actions or omissions of a member of the Scheme.

  1. The gas supplier is not a member of the Housing Ombudsman Scheme.
  2. After carefully considering all the evidence, in accordance with paragraph 41(b) of the Housing Ombudsman Scheme, the complaint about the gas supplier’s response to the resident’s request for compensation following a total loss of gas supply to the property is outside of the Ombudsman’s jurisdiction.
  3. It is suggested that the resident brings this matter to the attention of the gas supplier for them to consider it as a separate complaint, where appropriate.

Background

  1. The resident is an assured tenant at the property of the landlord. The landlord is a registered provider of social housing. The property is a flat within a block of flats.
  2. On 3 February 2022, the landlord was notified by its gas supplier that the gas mains had been sealed off following an identified gas leak due to defective pipework. It was reported that several apartments within the building experienced a total loss of gas supply. The gas supplier notified the landlord that it had contacted the affected residents, and organised for temporary electric heating and cooking facilities to be delivered.
  3. The landlord responded by having its gas safety engineers attend the site, advising residents to contact their gas supplier for assistance, and offering a gas service contact line. It received a copy of planned works from the gas supplier on 7 February 2022. It raised several health, fire, and safety concerns over the new designs and proposed alternative works with the gas supplier. The gas supply was restored to the building on 26 February 2022.
  4. The resident subsequently requested compensation from the gas supplier for the loss of gas supply. The gas supplier informed her that it would only compensate nine of the 23 days without gas supply. It stated that this was due to the delays in the landlord’s approval for works to commence, and therefore could not consider the full 23-day period of loss of gas utility.
  5. On 1 March 2022, the resident requested that the landlord compensate her for the remaining 14 days.
  6. The landlord replied to the resident on 4 March 2022. It advised that repairs for the supply of gas up to the building was the gas supplier’s responsibility. It noted that gas engineers had attended the building on several occasions and offered additional temporary heaters and assistance in communicating with the gas supplier. It concluded that as it was not liable for the gas supply repairs, it would not offer compensation for the loss of this utility.
  7. The resident remained dissatisfied with this response and raised a formal complaint on 18 March 2022. She reiterated her request to be compensated for the remaining days that she was without a gas supply.
  8. The landlord provided its stage one complaint response on 1 April 2022. It reiterated its earlier position and further added that due to the nature of the repair, it was required to ensure all health and safety policies were followed. It also noted that the delays to its approval of the works were due to the gas supplier failing to provide assurances that the works would meet its safety concerns. It concluded that it had not unreasonably caused any delays to the restoration of gas facilities to her property, and would therefore not offer compensation, but suggested making a formal complaint to the gas supplier themselves.
  9. The resident escalated her complaint to the landlord, which confirmed receipt of her escalation on 24 May 2022. It issued its stage two complaint response on 12 July 2022. It maintained its prior position and reaffirmed that the delays in progress of the works were due to the gas supplier. It highlighted that the concerns it had raised were done so with all residents’ safety in mind.
  10. In referring her complaint to this service, the resident has reiterated her request for compensation for the full 23-day period that she was without a gas supply.

Assessment and findings

Policies and procedures

  1. In accordance with its gas safety policy, the landlord is responsible for ensuring the safety of all relevant gas appliances (in its ownership or adopted by it), and to ensure that flues and gas installation pipework are maintained and in a safe condition. It is responsible for ensuring that risk assessments are undertaken prior to any alterations or works to gas storage vessels or fittings that may represent a safety risk to residents residing within the building.
  2. In accordance with its complaints and compensation procedure, the landlord should respond to a stage two complaint within 10 working days.

Loss of gas to the property

  1. As noted above, the gas supplier notified the landlord on 3 February 2022 that it had shut-off the main gas supply, following an identified leak in one of the supply pipes connecting to the building’s main gas supply. This resulted in a total loss of heating, hot water, and gas cooking facilities to several properties within the building, including the resident’s property.
  2. In order to resolve the issue, it was ultimately found that the supplier would have to install newly designed pipework, connecting to the main gas supply on the external of the building, and into some residents’ dwellings. This required both a request for scaffolding, and for the landlord to approve of the works for health and safety purposes.
  3. According to its records, the landlord had received a copy of the new pipework designs and installation plans on 7 February 2022 from the gas supplier. It acted promptly and raised several health and safety concerns with the gas supplier on the same day. Based on the landlord’s records, it was in continuous discussion with the supplier before finally approving the works on 21 February 2022.
  4. The landlord was required to assess and raise any health and safety concerns in accordance with its gas safety policy, to ensure that all appropriate health and safety risks are addressed. This required risk assessments to be completed, prior to any major works commencing, as well as communication and assurances from the supplier that the designs and proposed works were safe, and would meet all health and safety concerns from the landlord. It did this promptly and any delays this caused to the commencement of the works was reasonable in the circumstances.
  5. Following the resident’s request for compensation, the landlord appropriately informed her of its actions and its concerns regarding health and safety. It also appropriately acknowledged that the delays in restoring gas to the property were frustrating and distressing. As noted above, its position that it had not unreasonably caused delays was reasonable. It also appropriately advised the resident that the gas supplier had communicated to it that they would compensate accordingly.
  6. In its formal complaint responses, the landlord appropriately provided further detail and explained that it had not received the safety assurances from the gas supplier which it required for works to commence.
  7. In accordance with the landlord’s complaints and compensation procedure, it would only be reasonable to expect the landlord to offer compensation where service failure has been identified. Given that the gas supplier was responsible for the connecting pipework to a main gas supply, it was reasonable that it did not offer compensation for the delays.
  8. The Ombudsman understands that this matter would have caused distress for the resident. However, the evidence displays that the landlord acted fairly, and took appropriate action in line with its policies, as it was obligated. It acted fairly and promptly, conducting a thorough investigation, placing the safety of its residents at its highest priority. It kept the resident informed throughout, and looked to set her expectations, prior to its internal complaints procedure, by offering clear and accurate information in line with its obligations.

Complaints handling

  1. The landlord was informed of the resident’s desire to escalate her complaint on 24 May 2022, following her contact with this service on 5 May 2022. In accordance with the landlord’s complaints policy, it was obligated to acknowledge the complaint within three working days, and respond within 10 working days.
  2. Based on the evidence provided to this service, the landlord did not issue any acknowledgement of the resident’s escalation request. The landlord also provided its stage two response on 12 July 2022, some 34 working days later. It is not evident that it contacted the resident prior to this to inform her its response would be delayed. This would have left the resident frustrated and unclear how her complaint would be resolved.
  3. In the circumstances, this amounted to service failure, and an amount of £50 compensation has been ordered to reflect the distress and inconvenience caused to the resident. A recommendation has also been made for the landlord to review its staff training, in relation to its complaints policy. This is to ensure that all complaints are responded to an appropriate manner in line with this Service’s Complaint Handling Code.

Determination

  1. As noted above, in accordance with paragraph 41(b) of the Housing Ombudsman Scheme, the complaint about the gas supplier’s response to the resident’s request for compensation following a total loss of gas supply to the property is outside of the Ombudsman’s jurisdiction.
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration found in respect of the landlord’s response to the resident’s request to be compensated following a total loss of gas to the property.
  3. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure found in respect off the landlord’s complaints handling.

Orders and recommendations

Orders

  1. The Ombudsman orders the landlord to pay compensation of £50 for its ineffective complaints handling.
  2. This amount must be paid within four weeks of the date of this determination.

Recommendations

  1. The landlord is to review its staff training in relation to its complaints policy.