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Camden Council (202108873)

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REPORT

COMPLAINT 202108873

Camden Council

28 June 2022

 

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:
    1. The landlord’s handling of the resident’s reports of antisocial behaviour (ASB) in a multi-use games area.
    2. The landlord’s complaint handling.

Background

  1. The resident is a tenant of the landlord of a second-floor flat in a block with four floors, next to a multi-use games area. The resident’s household consists of two adults aged over ninety years old with serious mental and physical disabilities, and both of them are referred to as ‘the resident’ in this report.
  2. On 4 November 2020, the landlord’s annual inspection report for the multi-use games area next to the resident’s property stated that the cleanliness of the area was good, that this was in an acceptable condition, and that the use of this and the local area should be monitored but this was safe. Its records showed that its following weekly estate reports for the games area from 29 December 2020 to 28 May 2021 found this to be clean on each occasion.
  3. On 31 May 2021, the resident raised a stage one complaint with the landlord regarding the ASB that was occurring in the multi-use games area. They had concerns that large groups of people occupied the games area throughout the day and night, making excessive noise, behaving immorally and smoking illegal substances, which they could smell in their property. The resident further explained that patrols were unable to remove these groups, and that they had contacted the landlord about this and left it voicemails, but had received no response from it. They reported that they were unable to live peacefully in their home or sleep due to the noise and smell, and that as a resolution they wanted the games area to be only used by children, loud music to be banned there, and for this to be locked and the lights turned off by 8pm instead of remaining unlocked with the lights on until 11pm.
  4. The landlord then recorded that its weekly estate reports for the multi-use games area from 3 June to 29 July 2021 again found this to be clean on each occasion. However, the resident had concerns about having not yet received its stage one complaint response after chasing this without receiving a response, and so they contacted this Service on 2 August 2021 for an update, while the weekly estate reports continued to note that the games area had been found to be clean from 5 August to 9 September 2021. We subsequently contacted the landlord, and it issued its stage one complaint response to the resident on 15 September 2021.
  5. The landlord apologised to the resident for the ASB and excessive noise in the multi-use games area and its delayed complaint response, and it explained that this was due to it needing to contact other services within it to gather more information. It stated that the games area was designed for youths to use and enjoy as their space, and it added that the resident had a right to live peacefully in their home without ASB or excessive noise but that, as they lived near family units with a games area, their expectations had to be realistic because it was inevitable that they would hear some noise.
  6. The landlord confirmed that it was aware of the previous concerns raised by the resident about the multi-use games area that it inspected weekly and annually, but not of recent concerns from others, and it noted that it had informed its community safety officers and local schools police officers about this. It explained that the problem was irregular and increased and decreased with warmer weather and its interventions, but it agreed that its community presence officers would visit every afternoon for two weeks to try and capture this and engage with those they witnessed ASB from. However, the landlord confirmed that it would not remove individuals using the games area responsibly.
  7. Furthermore, the landlord stated that it did not have the resources to lock the multi-use games area, but that other estates locked facilities, and so it suggested that the resident speak to their neighbours or tenants and residents association to explore this. It also stated that its caretaker had reset the games area’s lights to turn off at around 9pm and would patrol to check this, and that they and their neighbours report incidents of ASB in real time to allow the police to have the best opportunity to resolve this, which would remain confidential. The landlord additionally provided the resident with the option to relocate if they wished, and with details of contacts who could offer them emotional and practical support including ASB specialists.
  8. The landlord’s records then showed that its weekly estate inspections had found that the multi-use games area had remained clean on each occasion from 17 to 24 September 2021. However, the resident subsequently escalated his complaint to the final stage of its complaints procedure on 26 September 2021.
  9. The resident was dissatisfied that the landlord’s stage one complaint response was late, and they felt that the delay was “deliberate”. They stated that they had to continuously chase it for a response, and that the ASB had continued to occur, which had caused them distress. The resident wanted a copy of the health and safety certificate for the multi-use games area, as they had concerns that this was unsafe. They also explained that, if they were given padlocks, they would lock the games area themselves, and that the reason that they could not report the worsening ASB in real time was due to their limited mental and physical abilities. They added that they were unable to see the preventative measures mentioned in place, and that their limited abilities and specific requirements meant moving was undesirable.
  10. On 27 September 2021, the landlord’s latest annual inspection report for the multi-use games area again found that the cleanliness was good, this was in an acceptable condition, and the use of this and the local area should be monitored but this was safe. It recorded that its subsequent weekly estate inspections from 30 September to 13 October 2021 had found that the games area was still clean on each occasion.
  11. In its final stage complaint response on 19 October 2021, the landlord explained that its annual inspection report had confirmed that the multi-use games area was safe to use and that weekly inspections of the games area had been conducted by it. It also stated that it did not have the resources to lock or relocate the games area that the majority of residents were not guaranteed to support, and that the resident was unable to lock this themselves, as this had been trialled unsuccessfully elsewhere. Incidents of ASB needed to be reported in real time, but the landlord could send someone to assist them with this and discuss their concerns, although it would not uphold the complaint. This was despite it apologising for not investigating the ASB that they reported at the time in June 2021and agreeing to monitor the area.
  12. The resident then complained to this Service that they wanted the multi-use games area to be moved by the landlord and for its officers to inspect the games area at night, as most ASB occurred then, and that they had seen no inspections or been approached about their concerns. They also explained that the ASB was becoming worse, as loudspeakers were still being used in the games area frequently, and this and the smell were causing them significant stress. The resident was additionally dissatisfied that they had not received health and safety certificates from the landlord, and requested information on private companies using the games area.

Assessment and findings

Scope of investigation

  1. While the resident has complained that they have not received health and safety certificates for the multi-use games area from the landlord, and seeks information on private companies using this from it, this Service cannot consider these matters. This is because, under the Housing Ombudsman Scheme, we cannot investigate complaints about issues that fall properly under the jurisdiction of another Ombudsman, regulator or complaint-handling body. As complaints about the handling of information requests fall properly within the jurisdiction of the Information Commissioner’s Office and not this Service, these matters are outside the scope of this investigation.

The landlord’s handling of the resident’s reports of ASB in a multi-use games area

  1. Under its ASB ladder – street activity and noise and nuisance guidelines, the landlord has a responsibility to investigate ASB reports . It is recommended to do so by inviting residents to submit diaries or to use apps to record this, and via patrol teams including out of hours, outreach teams, caretakers, other staff or the police at the location, as well as to ensure that service options are provided for ASB, warnings issued, ASB disrupted, or referrals to specialist agencies considered.
  2. It was appropriate for the landlord to respond to the resident’s ASB reports by checking its weekly and annual inspection reports, agreeing for its community presence officers to investigate the multi-use games area every afternoon for two weeks to engage those from whom ASB was witnessed, and via its caretaker turning the lights off at around 9pm and checking this. This was in line with its ASB ladder – street activity and noise and nuisance guidelines’ requirements for it to investigate such ASB, for which it was reasonable for it to confirm that it would not remove those who were using the games area responsibly, as this would not be ASB.
  3. Moreover, the resident wanted the games area to be locked, but the landlord explained that it was unable to fulfil their requests for this due to limited resources to be able to do so. However, it acted appropriately by suggesting alternatives to them, such as them speaking to their tenants and residents organisation or neighbours from different estates about dealing with games areas. This demonstrated the landlord’s willingness to seek solutions for the resident.
  4. Furthermore, due to the resident’s physical and mental limitations causing them difficulty reporting in incidents of ASB to it in real time, it was reasonable for the landlord to offer solutions to accommodate their needs. It did so by providing them with a list of contacts that could offer them practical and emotional support including ASB specialists, and by offering to send someone to assist them with reporting and agreeing to monitor the multi-use games area. It is of concern that the landlord apologised to the resident for not investigating the ASB that they reported at the time in June 2021, but both it and they confirmed that their reports were not made in real time to enable it to do so effectively, and it had no supporting recent evidence of this from its inspections, other residents, its staff or elsewhere.
  5. The landlord could nevertheless take additional steps to try and resolve the resident ASB reports with them by considering discussing the use of diaries and/or apps to help them with reporting this in real time. Under its noise and nuisance guidelines, it can also do so via patrols out of hours. As the resident reported ASB from the multi-use games area throughout the night affecting their sleep, the landlord could instruct its out of hours patrols to inspect the games area during the night, as requested by them.
  6. The landlord has therefore been recommended below to consider taking the above further steps to try and resolve the resident’s ASB reports with them. As they also raised concerns that the ASB was still ongoing and becoming worse, it has additionally been recommended below to consider investigating this at their property, such as via monitoring equipment or professional witnesses, and provide them with the outcome. It has further recommended below to consider making proactive enquiries with other residents in the area as to whether or not they have experienced ASB from the games area, such as by writing to, surveying or doorstepping them, and provide the resident with the outcome.

The landlord’s complaint handling

  1. The landlord’s complaints policy and procedure obliges it to respond to stage one complaints within ten working days, and to final stage complaints within 25 working days, keeping the resident informed and notifying them of new timescales if there are delays. Its remedies policy and procedure recommends compensation from £100 for time and trouble incurred as a result of trying to resolve issues with it.
  2. The resident’s stage one complaint of 31 May 2021 was responded to by the landlord on 15 September 2021, which was 65 working days later than its complaints policy and procedure’s ten-working-day timescale, and occurred after it was chased for this by them and this Service at their request without being updated on its delay or new timescale. This was contrary to the policy and procedure’s requirements, and inappropriately caused them to incur unnecessary time and trouble as a result, for which it apologised but failed to consider compensating them for this as recommended by its remedies policy and procedure, or taking any other action to prevent this from happening again in the future.
  3. The resident’s final stage complaint of 26 September 2021 was nevertheless responded to by the landlord 19 October 2021, which was within its complaints policy and procedure’s 25-working-day timescale. However, that timescale did not comply with the Housing Ombudsman’s complaint handling code’s requirement for it to respond to such complaints within 20 working days, unless an exception to this under the code applied.
  4. The landlord has therefore been ordered below to compensate the resident for its complaint handling delay. It has also been recommended below to review its staff’s training needs in respect of their application of its complaints policy and procedure to ensure that they follow this to issue timely complaint responses without having to be chased, including by this Service. The landlord has additionally been recommended below to review its complaints policy and procedure to ensure that this fully complies with the Housing Ombudsman’s complaint handling code.

Determination

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its handling of the resident’s reports of ASB in a multi-use games area.
  2. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its complaint handling.

Order and recommendations

  1. The landlord is ordered to pay the resident £100 compensation within four weeks for the unnecessary time and trouble that they incurred from its complaint handling delay, and from having to chase it as a result of this, including via this Service.
  2. It is recommended that the landlord:
    1. Consider discussing the use of diaries and/or noise apps with the resident to help them to report ASB to it in real time, if it has not done so already.
    2. Consider instructing its out of hours patrols to inspect the multi-use games area during the night.
    3. Consider investigating ASB at the resident‘s property, such as by using monitoring equipment or professional witnesses, and providing them with the outcome.
    4. Consider making proactive enquiries with other residents in the area as to whether or not they have experienced ASB from the multi-use games area, such as by writing to, surveying or doorstepping them, and providing the resident with the outcome.
    5. Review its staff’s training needs in respect of their application of its complaints policy and procedure to ensure that they follow this to issue timely complaint responses without having to be chased, including by this Service.
    6. Review its complaints policy and procedure to ensure that this fully complies with the Housing Ombudsman’s complaint handling code at https://www.housing-ombudsman.org.uk/landlords-info/complaint-handling-code/.
  3. The landlord shall contact this Service within four weeks to confirm that it has complied with the above order and whether it will follow the above recommendations.