Agenda item

The Interim Director for New Builds, Jed Young updated the meeting about the Housing Ombudsman Severe Maladministration Determinations and the following issues were highlighted:

In the last 12 months (August 2022 – September 2023), the Homes and Neighbourhoods directorate has seen a significant increase in the number of Severe Maladministration determinations being issued by the Housing Ombudsman and particularly within the last six months.

·       In December 2022, the Housing Ombudsman notified the council of its intention to launch a ‘Paragraph 49 Investigation’ into the council’s handling of reports of damp and mould, and complaints submitted as a result of these issues.

·       A strategic action plan will be presented to Committee at the November 2023 Housing Scrutiny Committee to ensure that the Homes and Neighbourhood address the areas identified by the Housing Ombudsman and continuous improvements around the delivery of services to our residents takes place.

·       Meeting was advised that as part of the council’s response to the 15 cases, a total of £46,744 has been paid in compensation to our residents.

·       The earliest of these was issued in March 2023. Prior to this, the department had not been issued with a determination of Severe Maladministration for over five years, which suggests that the criteria for this determination may have changed. It should be noted that the Housing Ombudsman has not published a definition or criteria for ‘Maladministration’ or ‘Severe Maladministration’ on its website or in other guidance.

·       67% of these determinations were issued in June 2023, bringing them within the scope of the P49 Investigation.

·       This growing trend is not unique to Islington. Since 2019-20, the Ombudsman no longer reports annually on Severe Maladministration rulings but, instead, issues press releases on individual cases.

·       Looking at the most up-to-date information published by the Housing Ombudsman 1284 determinations were made in the April 2023 to June period a 69-percentage increase on the January 2023 to March period when 759 determinations were made. Fifty-two percent of all determinations results in compensation being made to residents across England.

·       Meeting was advised that when fully analysed of residents who have accessed Housing services in the period of the Housing Ombudsman investigation, evidence shows Council has provided services to 456788 individual requests for service provision. This, therefore, shows that severe maladministration has been identified in 0.003 percent of interactions for the areas within the determination framework of the Housing Ombudsman.

·       Complaints handling accounted for 39% of the determinations of Severe Maladministration issued against Islington Council.

·       Despite these determinations being issued between March and August 2023, due to a historical backlog of complaints at Stage 2 of the council’s complaints procedure, as well as lengthy delays in the Ombudsman’s own investigations, many of the cases being reviewed date back a number of months or even years.

·       Meeting was advised that in November 2022, the council developed a corporate Complaints Improvement Board and council-wide Complaints Improvement Plan.

·       At the time, the Stage 2 backlog, which accounts for the vast majority of the Severe Maladministration determinations in this area saw complaints being responded to at Stage 2 between eight and ten months outside of the timeframe set out by the Ombudsman’s complaints handling code. This matter was also the subject of an investigation by the Local Government and Social Care Ombudsman.

·       In response to questions about the orders and calculations in the report, meeting was advised that final orders made by Housing Ombudsman, an external body and is based on factors such as stress caused to residents over a long period of time and other external factors etc.

·       Members were reminded that in all these cases in the report, the findings are made only after the Council’s complaints procedure has been exhausted and that the council has failed to provide the service. In the case of the findings about replacement of fob key, meeting was advised that this was due to a technical breakdown for a long period as Council was unable to reprogram some of the key fobs.

·       The Director acknowledged disappointment that the Council has to pay compensation, it should be noted that this represents a small proportion of the work that the council delivered and that in all cases, noting that council spends £100m and pays £45,000 in compensation and importantly it is important to note that  the Council complies with the orders.

·       On the definition of Severe Maladministration, the Director noted this is not Council’s but that of the Housing Ombudsman, but can be this could be repairs not be resolved over a long period.

·       On vulnerable people being sought by lawyers seeking to assist residents experiencing damp and mould and receiving incorrect advice, meeting was advised that it is important to note that communication with residents have been improved, that the Council has now made it easy to report, that the council should be the first point of contact.

·       On the question of holding leaseholders to account especially after it is determined that works they have carried out in their properties has resulted into damage to properties below them, the meeting was advised that the Council has adopted a robust approach on claiming back damages caused by leaseholders.

·       The Director of New Build advised that Housing Ombudsman’s final report is to be published in October, that Council will be given a minimum of 7 days advance to fact check, after which council will be expected to respond.

·       Director suggested an annual report on maladministration cases be brought to committee that members can monitor how the Council manages these cases. Committee welcomed the suggestion.

·       Chair welcomed the good news that the backlog had been cleared up and thanking the good work carried out by officers

RESOLVED:

·       That the report be noted

·       That committee receive an annual update on issues of Maladministration Determinations for monitoring purpose