Learning from severe maladministration report – November 2024
Taking the key lessons from our severe maladministration decisions.
About the report
This learning from severe maladministration report focuses on Anti-Social Behaviour (ASB).
ASB is the second highest driver of traffic to the Ombudsman, and it can be a complex and sensitive topic to handle. While some of the events in the report are challenging to read, we are not shying away from the reality of these experiences to ensure lessons are not lost.
The decisions are grouped around 5 key themes that the Ombudsman is seeing consistent failings in its casework: action plans, risk assessments, working with other agencies, hate crime, and communication/complaint handling. The report raises a wider debate about the effectiveness of multiagency working, resources (given the sector’s financial pressure), and approach in complex cases.
This page provides a summary of the report, to read the case studies in full and hear from the Ombudsman, please download the full report PDF.
Risk assessments
When a resident reports Anti-Social Behaviour (ASB), one of the earliest actions a landlord should take is a risk assessment. This may be to help the landlord assign the case a priority or because it is a high priority. A common service failure is not undertaking this risk assessment in line with the landlord’s policy or not taking appropriate action following it.
This can have significant consequences and means the landlord is on the back foot from the start of the case being opened. Not undertaking a risk assessment after the report of anti-social behaviour can lead to numerous other failings throughout the lifetime of a case. Getting the risk assessments right is an essential foundation for responding effectively.
Cases highlighted in the full report:
- Bristol City Council 202118413
- Southwark Council 202226627*
- Orbit Group 202120070*
- Clarion 202209592*
Learning from the risk assessment
Risk assessments form part of statutory guidance which accompanies the ASB Crime and Policing Act 2014. It says landlords should assess the risk of harm to the victim, along with any potential vulnerabilities, at the time it receives an ASB report.
Failing to undertake a risk assessment at an early stage of an ASB report instantly puts residents at a disadvantage, and many other failings often follow. If a landlords’ policy makes no mention of risk assessments at all, this should be reviewed, and landlords should make sure that systems are updated to reflect any vulnerabilities within a household. Failure to correctly record individual circumstances which are relevant to the case, including mental health or protected characteristics, can result in delays in assisting vulnerable residents accessing additional services they may need.
Risk assessments should take into consideration all the circumstances a resident outlines to a landlord, and this should then guide the actions it takes.
This includes whether any support or signposting is appropriate and what safeguarding measures need to be implemented. These risk assessments should be kept up to date during an ASB report, as circumstances may change.
A resident’s circumstances may mean that they are more affected by landlord’s actions or inactions than others. This might be due to their particular circumstances, or as a result of a vulnerability. When considering redress for a situation, consideration of any aggravating factors (such as a resident’s physical and mental health conditions) should be reflected in the level of redress for the specific impact on the resident.
Centre for Learning resources
Action plans
Following the risk assessment and investigation of an Anit-Social Behaviour (ASB) case, landlords’ policies may involve the creation of an action plan. This is another foundation of ASB handling that when it is not initiated or implemented can undermine the landlord’s response and lead to further failings. Often not implementing an action plan can lead to the case being open and poorly managed for longer. Resulting in profound frustration for the resident and them taking the significant time to chase for updates.
Cases highlighted in the full report:
- Watford Community Housing 202206589*
- Southwark Council 202128357
Learning from the action plans
Agreeing an action plan helps landlords to manage residents’ expectations and keep them informed about the progress of the case. This can also reduce the stress and anxiety about the situation and provide confidence that the landlord has the matter under control.
It also allows the landlord to show the range of solutions it has available to it and can ensure it is providing a human-centric response by involving the resident to get the best outcome for them. It also supports the landlord to make clear and consistent decisions and ensure staff are aware of the approach it is taking.
Landlords should use action plans to clearly set out what it can and will do, which will also help to make sure that competent and accurate records are kept.
It is important to note that an action plan should be a 2-way agreement with the resident. Landlords should take overall responsibility for implementing it and explain what actions it will take by when but, equally, action plans may include steps the resident will need to take over a period of time. For example, keeping diary sheets for a period of X months, to help with evidence gathering. A good action plan will also summarise when the resident can next expect contact from the landlord on when the action plan will be reviewed. Some landlords will do an action plan at the start of the case and leave it, but it needs to be a working document as if the situation escalates, the actions may change over time.
Centre for Learning resources
Engagement with third parties
Landlords will often need to respond to ASB in coordination with other agencies. This can include the police, the local authority, and social services or even its own (or appointed) managing agents. It is important that landlords can engage effectively with this range of 3rd parties when dealing with ASB.
Cases highlighted in the full report:
- Peabody 202212109*
- Sanctuary 202308865*
Learning from engagement with thirds parties
A partnership arrangement works where agencies work together effectively to share information with the purpose of assessing risk so that safe interventions can be planned to reduce the risks identified.
Third parties can be a key way for landlords to successfully tackle ASB and minimise the distress on residents. It can also be a way of determining how best to tackle the issue, with this advice helping to determine risk and what actions could be taken. While the Ombudsman understands that landlords have limited resources, a response to the police in cases of potential risk should be an absolute priority and will develop strong local partnerships on these cases.
However, landlords should not be over reliant on police action for outcomes, when it should be a partnership, and it needs to fulfil its own management responsibilities. Landlords should look at what actions they should be taking, as well as take on a range of expert opinions to inform their decision-making process.
It is also important to keep residents up to date with the landlord’s partnership working and what that means for the resident. This can often help the resident to have confidence that the landlord is taking firm action and all the necessary steps to keep them safe.
Centre for Learning resources
Hate crime
It may be that Anti-Social Behaviour (ASB) involves a hate crime. It is important that when a resident reports a hate crime, that the landlord takes firm action and has policies that can deal with this in a robust and timely manner. This means it is also important the landlord records hate crimes appropriately and is aware what specific action it may need to take.
Cases highlighted in the full report:
- Peabody 202344160*
- Notting Hill Genesis 202221694*
- Newham Council 202105739
Learning from hate crime
When a resident reports a hate crime, landlords must treat these reports with seriousness and sensitivity. This should involve specific recording of incidents and a specific policy and procedure. Effective policies of this kind see landlords taking early, firm, and effective action against alleged perpetrators, including those who fail to engage with any support offered.
Like in all ASB cases, landlords should take a victim-centred approach.
Landlords should recognise and consider the debilitating impact that persistent or repeated ASB can have on victims, more so over a period of time. It should also consider appropriate signposting to other services.
Wider than initial reports, landlords should monitor hate crime incidents across its homes and identify any persistent alleged perpetrators and use this information to improve the services it offers.
Centre for Learning resources
Complaint handling and communication
It is important that when residents report ASB, it is dealt with in the right way and that complaints are similarly accepted in the same way and not confused with its handling of the ASB process.
Effective, empathetic communication is also key throughout the case. This can be the difference between a resident having trust in the landlord to take seriously and address the issues for them or feeling helpless and anxious.
Cases highlighted in the full report:
Learning from complaint handling and communication
Effective and proactive communication is vital in any complaint, but can be especially important during an ASB complaint, where a resident may feel anxious and distressed in their own home. Agreeing a contact arrangement or providing regular and sensitive updates can be tools to help landlords manage cases more effectively.
A landlord should also ensure that it does not confuse how it handles complaints about ASB and a complaint about its handling of the ASB, and these separate issues should be triaged accordingly.
When a resident has been through a traumatic time with ASB, it is important that the landlord responds within timescales set out in the Ombudsman’s statutory Complaint Handling Code. This not only helps landlords recover any service failures in the individual case but also deploy learning from its complaints to improve its handling of ASB overall.
Centre for Learning resources
* All decisions are anonymised so residents’ names are not used, but landlords are named. In some cases, we may decide not to publish a decision if it is not in the resident’s or landlord’s interest or the resident’s anonymity may be compromised.