Rugby Borough Council (202100293)

REPORT

COMPLAINT 202100293

Rugby Borough Council

06 August 2021

Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

1. The complaint is about the level of compensation offered for items removed from the resident’s shed

Determination (decision)

2. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

3. The resident stated that when they came out of hospital in 2018 the entire contents of their shed had been cleared. The resident reported the issue to the police and the landlord. The resident believed that the landlord had cleared their property. They explained that a neighbour had requested that a different shed be cleared of a former resident’s possessions – the resident understood that their shed had therefore been cleared in error by the landlord.  The resident raised a formal complaint and requested compensation.
4. In its final response of 12 April 2021, the landlord apologised for its delay in responding due to being unable to locate the resident’s letter of escalation from August 2020. It stated that it had not found any records of shed clearance in the resident’s property. The landlord explained that it had checked with its crew who had visited the sites and confirmed it was unlikely to confuse the two sheds. The landlord also stated that the crew did not have a key or any access to the resident’s shed.
5. The resident brought their complaint to this Service on 07June 2021. The resident was dissatisfied with the landlord’s handling of their reports, its communication and the delays in its complaint handling.
6. The resident believed that the landlord had duplicate keys as they were advised so by a neighbour, who had witnessed the operatives using keys to access the shed. The resident believed that the landlord had made a mistake and cleared their shed by mistake.
7. The resident agreed to participate in this Service’s mediation process. The resident explained that the landlord removed expensive items and was seeking compensation of £3000.00.
8. This Service forwarded the mediation proposal to the landlord on 17 June 2021. Following further correspondence between this Service, the landlord and the resident, on 26 July 2021, the landlord agreed to offer £1000.00 compensation.
9. In a  telephone conversation of 04 August 2021 between this Service and the resident, they accepted the offer of £1000.00 compensation.
10. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”
11. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendation

12. I make the following recommendation
13. The landlord to pay £1000.00 compensation to the resident within the next four weeks and to provide confirmation of payment to this Service.