Stafford & Rural Homes (202014819)

REPORT

COMPLAINT 202014819

Stafford & Rural Homes

11 October 2021

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 concerns over the conduct of a member of its staff.
   2. The landlord’s response to the resident’s request to transfer to another property.

Background and summary of events

Tenancy agreement, policies and procedures

2. As per the landlord’s applying for a transfer document, residents cannot apply for a transfer to another one of its homes if they have outstanding rent arrears or other housing-related debt.
3. Section 4 of the tenancy agreement between the resident and the landlord confirms that it may provide him with additional services to live independently. This further states that “by entering into a tenancy agreement for this property [he] agree[s] to accept the level of service made available to [him] and to pay all charges associated with those additional services.”

Background

4. The resident is a tenant of the landlord.

Summary of events

5. On 8 February 2021, the landlord’s records confirmed that it had called the resident on that date to inform him that a property on his desired estate might be available soon, and to check the website to bid on this when the property became available, if he so wished. It reminded him that the arrears for his alarm charge were outstanding, and that these would need to be paid before he could bid on other properties. As requested by the resident, the landlord supported this with a note delivered by hand that explained how much money was owed and that he could not bid on properties if he had arrears.
6. On 11 February 2021, the resident submitted his stage one complaint to the landlord. He was unhappy that a member of its staff had “bullied” him by saying that he was in rent arrears and that he could not transfer to another property. The resident also felt that the same member of staff was responsible for calling the police when his friend came to visit him, as they had been served with an injunction which prevented them from being at the property. To resolve the complaint, he wanted to transfer to another estate and be closer to his friend.
7. On 15 February 2021, the landlord’s records confirmed that it had discussed the resident’s allegations of “bullying” with its member of staff, who was “saddened by this as [they] had done all [they] can” to support him. The member of staff also confirmed that the resident had current arrears for an alarm charge, and that “no tenant can move whilst in arrears.”
8. On 19 February 2021, the landlord issued its stage one complaint response to the resident, which is summarised as follows:
   1. It had spoken to both him and its member of staff to investigate his reported concerns about their conduct. The landlord was satisfied that its member of staff had tried to support the resident. He had said that he had felt that they had “bullied” him by informing him of his arrears, and that he would not be able to transfer to another property. In response, the landlord confirmed that the resident was in arrears, and that its policy confirmed that any arrears needed to be paid before it would support a transfer.
   2. It understood that he wished to move closer to his friend. The landlord had “made it clear” to the resident that he needed to have a live application on its system and to be actively bidding on available properties. It had no control over the allocation of properties. The landlord also explained to the resident that it would be “unusual” for him to be offered a transfer as he was adequately housed.
9. The resident referred the matter to this Service on 25 February 2021 because he felt “harassed” by the landlord, which was also not letting him move property and “making false allegations” against him and his friend. As he had not exhausted its internal complaints process, we subsequently wrote to it to request that it respond to him.
10. On 27 March 2021, the resident submitted his final stage complaint to the landlord. He reported that he had spoken to another one of its residents who had paid off their arrears before being given the keys for a new property, and he therefore felt that he was being treated differently to its other residents. To resolve the complaint, the resident wanted to be able to move as he was unhappy in his property.
11. On 30 March 2021, the landlord’s records noted that its choice-based lettings team had called the resident and had confirmed the following:
    1. It had explained that, once his arrears were clear, he would be considered for a move. To clear these arrears, the landlord suggested that the resident consider speaking to the housing benefit department for a discretionary housing payment, and it informed him that he would need to liaise with his income officer or scheme manager about this, as he had stated that staying in his property was impacting his mental health. It had advised him to send in supporting evidence, such as a letter from his GP or similar, for this to be considered in line with its policy.
    2. In respect of his suggestion that another resident had moved with arrears, it explained that it could not disclose any information about this to him due to data protection requirements. However, if the resident was prepared to give the landlord the name of the other person, it would investigate this. He nevertheless declined to provide it with the name of the other resident.
12. On 31 March 2021, the landlord issued its final stage complaint response to the resident, which is summarised as follows:
    1. Following its investigation into his concerns over the conduct of its member of staff, it was assured that they had a “genuine concern” for his wellbeing. The landlord added that the staff member had been supportive in recommending the steps that the resident needed to take to be considered for a property transfer. Its member of staff was unable to grant his request to move, as its policies did not allow them to do so.
    2. In respect to his request to transfer to another property, it confirmed that its policy required residents to clear any arrears before wishing to transfer to another one of its properties. The landlord recognised that the resident’s arrears were for a support alarm, which he was disputing, however this charge had been clearly identified on the tenancy agreement which he had signed. Therefore, until the arrears had been cleared, it would not be in a position to offer him another property.
    3. It also explained to him that this Service had forwarded his referral for it to respond to, as it had not been given the opportunity to complete its internal complaints procedure.
13. The resident subsequently complained to this Service about the landlord’s handling of his reports of concerns over the conduct of a member of its staff, and its response to his request to transfer to another property. He confirmed to us that the outcomes that he was seeking in order for his complaint to be resolved were for it to address its staff conduct and for it to rehouse him.

Assessment and findings

14. Although the resident has reported that his mental health was being affected by his complaint, it is not within the authority or expertise of this Service to determine whether the landlord was liable for this or to award him damages for this in the way that a court, tribunal or insurer might. Therefore, this aspect of his complaint is outside of the scope of this investigation.

The landlord’s handling of the resident’s reports of concerns over the conduct of a member of its staff

15. Following the resident’s reported concerns over the conduct of the landlord’s member of staff towards him on 8 February 2021 regarding them “bullying” him, it was obliged to carry out an investigation into this, and to respond to him accordingly. It communicated the outcome of its investigation to him, which included discussing the concerns directly with its staff member on 15 February 2021, in its stage one complaint response to him of 19 February 2021 above. This was a fair action for the landlord to take because it investigated the resident’s reports with the relevant member of its staff and then provided him with the outcome of its findings.
16. Under the circumstances, it was reasonable for the landlord to take no further action in respect of the complaint about its staff member’s conduct, having reviewed the resident’s reports of this, and communicated its actions to address his concerns by speaking to the member of staff involved. It was appropriate for it to look to take no further action following its investigation, as the examples given by him, as detailed in his stage one complaint to it of 11 February 2021, demonstrated that its member of staff was carrying out their duties in notifying him of his arrears.
17. The landlord’s staff member also informed the resident of the impact that these arrears would have on him moving property, which he had stated to it was his wish to do. It was suitable that the member of staff had explained to him on 8 February 2021 that his outstanding alarm charge arrears would need to be paid to it before he could bid on other properties to move to. This is because the landlord’s above applying for a transfer document prevented the resident from doing so if he had outstanding rent arrears or other housing-related debt.
18. Therefore, this Service has not found any failures in the way that the landlord responded to the resident’s reports over the conduct of its member of staff.

The landlord’s response to the resident’s request to transfer to another property

19. The resident clearly expressed to the landlord that he wanted to move out of his current property. In response, it evidenced that it sought to be supportive to him in respect of this, for example it informed him that a property would soon be available on his desired estate on 8 February 2021. During the same call, the landlord had confirmed that its policy would not allow the resident to bid on this property until his alarm charge arrears had been cleared. This was a reasonable action for it to take to ensure that he was suitably informed of the position in respect to his arrears.
20. The landlord also evidenced that it had tried to assist the resident in clearing these arrears by suggesting that he explore the possibility of a discretionary housing payment from the housing benefit department on 30 March 2021. It gave him details as to who he could speak to further about this, and it explained that he would additionally be able to discuss his medical situation and what further information might be required in order for it to consider this. This was appropriate as the landlord provided the resident with help to seek to resolve his arrears and to have his health taken into account to enable him to transfer to another property.
21. In addition to the landlord having evidenced that it informed the resident of both his arrears and the impact of these arrears from 8 February 2021 in line with its policy by confirming that he could not move with them, it also offered to investigate his claim that another resident had been allowed to move while in arrears. In view of him having declined to offer any of the additional information that it had requested to assist it in investigating this, it was reasonable for it to have taken no further action in respect of these reports.
22. In summary, the landlord demonstrated that it had taken suitable steps to inform the resident of his arrears that were preventing him from progressing his request to transfer to another property, in accordance with its above applying for a transfer document. It had also explained to him that its policy would not allow such a move while he was in arrears. These actions were fair of the landlord, and therefore, there was no failure identified in its response to the resident’s request to transfer to another property.

Determination (decision)

23. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of:
    1. Its handling of the resident’s reports of concerns over the conduct of a member of its staff.
    2. Its response to the resident’s request to transfer to another property.

Reasons

24. The landlord demonstrated that it had carried out an appropriate investigation into the resident’s concerns over the conduct of its member of staff, and that it had communicated the outcome of this to him, for which it was not required to take further action as the evidence showed that the staff member had explained its policy to him.
25. The landlord evidenced that it had supported the resident in his enquiries regarding transferring properties by explaining how he could progress this and obtain assistance to do so. At the same time, it evidenced that it had communicated its policy for residents to have cleared any housing-related arrears to him before it could consider the transfer application from him.