The Housing Ombudsman has urged social landlords to renew their focus on its recommendations on dealing with damp and mould following the high-profile death of two-year-old Awaab Ishak, and an “exponential” rise in casework.
Ombudsman Richard Blakeway wrote to social landlords on Tuesday (29 November) to bring renewed focus to the recommendations in a report published last year, following the recent inquest into the “appalling and preventable” death of the toddler in December 2020.
In November, a coroner concluded that Awaab passed away as a result of prolonged exposure to mould in his Rochdale Boroughwide Housing flat.
Mr Blakeway said that, having listened to Awaab’s parents’ testimony at the inquest before he gave evidence and carefully examined the coroner’s report, there are “several clear lessons”.
He said there has been an “exponential rise” in casework involving damp and mould reaching his service, with 134 per cent more cases for formal investigation and 42 per cent of its severe maladministration decisions involving damp and mould.
Mr Blakeway is concerned that more cases will arise with the cost-of-living crisis and highlighted that it is “crucial” that landlords have an effective approach in place.
The ombudsman’s initial report, ‘Spotlight on: damp and mould – It’s not lifestyle’, was published in October 2021.
Mr Blakeway urged social housing providers to consider the report’s 26 recommendations once more and self-assess against them if they have not already done so.
He called on landlords to share and discuss this assessment and to publish the outcome, as well as to engage with residents. The ombudsman will request this assessment as part of its investigation into relevant complaints, he added.
Following the report’s recommendation that landlords take a “zero-tolerance” approach to damp and mould, he further recommended that landlords consider a “dedicated policy” to support decision-making and an “urgent, proactive approach”.
He asked all landlords to consider whether such a policy is required, if they have not done so already. If it is not considered necessary, he asked providers to be really clear as to why.
Mr Blakeway said the report highlighted concerns about the tone of some communications, especially language such as “lifestyle choices” and “behaviours” that imply blame rests with the resident and which places the onus for resolving the issue on them.
He said this attitude can impede an effective diagnosis of the causes and timely actions the landlord should take.
Mr Blakeway said that while this call to change language has resonated with many landlords that have taken action, it reflects some of the attitudes shown in the evidence heard at Awaab’s inquest.
He said, given that this language had become widespread and accepted, the sector may still have some way to go before it is eradicated.
Mr Blakeway considers the “use of patronising, stigmatising or potentially discriminatory language as ‘heavy-handed”’, and may therefore make a finding of maladministration.
He also published a sample of damp and mould cases where the language of “lifestyle” is pervasive.
Mr Blakeway said: “Following the appalling and preventable death of Awaab Ishak, we are reinforcing the recommendations we made in our Spotlight report last year.
“The report highlighted our concerns about the tone of some communications, especially language such as ‘lifestyle choices’ and ‘behaviours’ that infer blame on the resident, absolving the landlord of responsibility.
“This underlying attitude can impede an effective diagnosis of the causes and timely actions that should be taken by the landlord.”
Mr Blakeway highlighted the importance of landlords having an open and accessible complaints procedure.
He said it was crucial for landlords to consider what more they can do, especially to raise awareness among more vulnerable or marginalised groups.
The ombudsman said landlords “need to take this responsibility seriously”, as many do. He asked the new leads for complaints on governing bodies to review their landlord’s approach as a priority.
The ombudsman’s Complaint Handling Code introduced these leads when it was updated in April this year. It said that a member of a social housing provider’s governing body should be appointed to have lead responsibility for complaints, to support a positive complaint-handling culture.
The ombudsman’s letter also stressed its concerns about legal claims, and reminded landlords that they should continue to use the complaints procedure until legal proceedings have been issued.
Mr Blakeway added that if a landlord does not progress a complaint because of a claim, the ombudsman may use its powers to escalate it, but landlords should also contact the service if they can show evidence they are struggling to progress it.
He said: “Having an accessible complaints procedure is essential to promote alternatives to the courts to resolve disputes. I know there is poor practice in a minority of the legal sector in relation to disrepair claims.
“However, I have seen some landlords close complaints prematurely because the protocol has commenced. I would stress the importance of landlords remaining committed to inspecting properties as soon as a claim is raised and to completing the repairs needed as soon as is practicable.”
Mr Blakeway said his letter aims to complement those already sent by Michael Gove, the housing secretary, who urged social housing providers to “absorb lessons”, and the Regulator of Social Housing, which ordered landlords to submit evidence they can identify and deal with damp and mould.
Mr Gove also vowed to block funding from the government’s current Affordable Homes Programme for social landlords that breach the regulator’s consumer standards.
In July, the Housing Ombudsman said it was planning an investigation into the “systemic” problem of poor record-keeping in the sector.
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