Housing Ombudsman severe maladministration reports

[edit] Background to the reports

Towards the end of 2020 the Housing Ombudsman started to issue its regular reports on what it called an ongoing process to increase transparency, with cases containing a finding of severe maladministration being highlighted on an ongoing basis throughout the year. It defines maladministration as being 'A formal decision by the Ombudsman that a landlord has failed to do something, done something it shouldn’t have or, in the Ombudsman’s opinion has delayed unreasonably'

The Housing Ombudsman published its severe maladministration findings 2019-20 report priorto then issuing seven reports in 2021 and a further twenty-five reports in 2022. Each of these reports highlighting a particular borough housing group or association. With a further fifty-two reports highlighting individual case reports in 2023.

[edit] Spotlight reports

In May 2023 it published the report 'Spotlight on: Knowledge and Information Management (KIM)' Knowledge and information management (KIM) is described by the Ombudsman as being "crucial for landlords to collect, store, share, and use data and knowledge. This includes information on residents, properties, finances, policies, and maintenance schedules. Good management of knowledge and information helps social housing providers make informed decisions, improve service delivery, and maintain legal and regulatory compliance. Good KIM will allow landlords to make more informed and effective decisions, as well as leading to better overall complaint handling culture. On the other hand, bad KIM can cause real human detriment to residents including financial and wellbeing, as well as detriment to the organisation as a whole.'

In January, 2024 it published its report "Spotlight on attitudes, respect and rights – relationship of equals" . In summary the report covered issues around the cost-of-living crisis, the increase in mental health difficulties and housing shortages that have changed the landscape for landlords to an increasingly challenging and complex environment to navigate. The pressing need for landlords to create human-centric policies, adapt to meet the needs of all their residents and ensure the most vulnerable residents are not left behind. "For many landlords, their current approach is potentially inadequate for responding effectively to the needs of the population it serves."

Central to the report is what it means to be vulnerable in social housing today, but also most importantly, how landlords can respond effectively and how to do so without stigma or marginalisation. Key themes in the report focus on people and processes including vulnerabilities, reasonable adjustments, discrimination, contact restrictions , contractors , investigation allegations , service charges and complaints handling. The report included case studies selected to illustrate the range of findings and outcomes and how lessons can be drawn from those to share more widely.

[edit] A new approach

So far in 2024 the Housing Ombudsman has issued nine individual reports covering maladministration from specific boroughs, housing groups or associations.

As of April 2024 it adopted a new approach which is described here by Richard Blakeway, the housing ombudsman said at the time of the announced new approach: “There are common and repeated reasons for severe maladministration across these cases, whether issues with policy, practice or systems, as well as inadequate redress.It is important that vital learning is not lost because of the sheer volume of findings, and we urge everyone in social housing to read this, from frontline officers to those sitting around the board table.When you group these severe maladministration cases like we have, you can plainly see that complaints cannot be only seen as operational, but something that impacts every area of the business.”

In April, 2024 it published its 'Learning from severe maladministration report - April 2024', being the first 'learning from severe maladministration report' alongside highlighting cases involving 8 landlords.

The first section looked at key themes highlighted the January Spotlight report on attitudes, respect and rights and includes cases on discrimination, staff conduct and a lack of adjustments due to vulnerabilities. The report includes other key cases, including one with an order for an independent dip sample survey to be carried out following an asbestos case, to see if other residents were suffering unknowingly from the same issue. Other cases include a family being left in damp and mould for 5 years and the lack of action by the landlord giving rise to the feeling of discrimination, as well as an anti-social behaviour case in which the landlord did not handle its safeguarding responsibilities well enough.

[edit] Most recent reports

Finally the most recent of the Housing Ombudsmans reports are 'Learning from severe maladministration – May 2024' and 'Learning from severe maladministration – July 2024'

This first report focused on knowledge and information management, (a year since the Spotlight report on the theme). It shows how good knowledge and information management can be the foundation of a positive and effective complaint handling response and service delivery. It contains cases linked to domestic abuse, anti-social behaviour, repairs and damp and mould, showing the range of issues that poor record keeping and systems can touch, as well as the human detriment this can have when it goes wrong.

The second and most recent report ‘learning from severe maladministration’ report, looks at landlord’s responses to leaks, and the resulting damp and mould which is a significant driver of complaints to the Ombudsman. Leaks can be complex to deal with and this is reflected in the casework highlighted in this report, copies of both reports can be found in the above links.

This article is based on content published by the Housing Ombudsman Service.

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