Severe maladministration found for Peabody following “years of ASB failings”

The Housing Ombudsman has found severe maladministration for how Peabody housing association responded to reports of anti-social behaviour (ASB) and noise nuisance, which led to a resident “terminating her own tenancy to escape”.

Peabody has been recommended by the Ombudsman to pay £2,000 in compensation.

The report said that the resident behind the complaint lived with her terminally ill husband. The couple experienced “anti-social behaviour and noise nuisance” from a neighbour in the flat above since 1999.

The Ombudsman noted that during the timescale of the case, the resident lost her husband which “further compounded her feelings” of stress and anxiety.

On 6 June 2020, the resident contacted the landlord to report that her neighbour was causing ASB and noise nuisance. She also reported that she felt harassed by the neighbour’s behaviour, and asked the landlord to outline how it would address her concerns, said the report.

The Ombudsman found that whilst the landlord set up an action plan with the resident, “these were not monitored or reviewed as promised when more reports were made”.

This included not watching the residents’ footage of the ASB when it was sent, the report revealed.

The Ombudsman said: “The landlord did liaise with the police and the local authority but could have provided evidence to these bodies in order to seek other interventions to improve the situation at an earlier stage.”

The Ombudsman also found that by not reassigning her case to another officer whilst its officer was on long-term sick leave, the resident’s ongoing reports of nuisance went unanswered, “leaving her to feel ignored for months on end”.

On 23 August 2020, the resident contacted the landlord and advised that her husband had recently passed away.

She told the landlord that she was grieving alone due to Coronavirus restrictions in place at that time. She said that she had returned to the property on 20 July 2020 having stayed elsewhere whilst caring for her husband before he passed away, the report said.

The Ombudsman found that despite the resident informing the landlord of this, it “did not consider this information, or tailor its approaches to the resident throughout her case”.

The report also revealed that the landlord’s notes showed that it closed the resident’s anti-social behaviour case in October 2020, as it had incorrectly noted that the resident had passed away.

The Ombudsman investigated and concluded that the landlord’s inaction shows it “did not consider the guidance in supporting victims and witnesses as outlined in the Anti-Social Behaviour, Crime and Policing Act 2014, or as described in its own policies and procedures.”

The report stated: “Despite the landlord having an ASB policy, Witness Support Promise and Vulnerable Persons Policy, the landlord did not assess the resident’s vulnerability at any point. This shows the difference between simply having policies in place and having the correct culture in place in which staff implement these policies effectively.”

The Ombudsman added: “Whilst the scope of this report only relates to the period when the resident formally complained, it is clear the issues had been going on for over 20 years. This only compounds the failures by the landlord.”

The Ombudsman also found maladministration for the landlord’s complaint handling during the case.

To remedy the injustice caused, The Ombudsman ordered the Chief Executive at Peabody to apologise to the resident personally, pay £2,000 in compensation and for the landlord to review how it manages ASB.

Richard Blakeway, Housing Ombudsman, said: “This is a deeply concerning case where a vulnerable resident was not heard. This led to extensive failures by the landlord and these failings caused profound detriment.

“Had the landlord thoroughly investigated and supported the resident, her situation may have improved and caused her not to feel that terminating her tenancy was her only solution.

“There were aspects of the landlords handling which lacked professionalism. While ASB cases can be challenging and there were pressures on the team, it did not follow its policy, complete commitments made, or explore all options available to it. This has led us to order the landlord to review how it manages ASB.

“Crucially, the landlord’s lack of action to assess the resident’s vulnerability and to offer support are significant failings. This is an issue we are seeing the sector struggling more in our casework and our recent Spotlight report into Knowledge and Information Management sets out recommendations to support landlords.”

In a learning statement, Peabody said: “We’re very sorry that we let this resident down. Everyone should be able to enjoy their home without excessive noise and antisocial behaviour. Residents are also right to expect to us to deal with their complaints quickly and efficiently and we’ve apologised and paid compensation. It’s clear we needed to do better and we’re learning from this and improving our service.

“We’ve now got a dedicated complaint handling team who make sure that any issues are handled promptly. We’re also introducing specialist community safety teams in each region to work with residents and communities on any ASB issues, as part of our new local approach. We’re listening and using every opportunity to make things right, learn lessons and improve.”

Lottie Winson