Complaints upheld against two Welsh councils after tenants forced to live in shocking conditions

Emily Price

Complaints against two Welsh councils have been upheld after tenants were forced to live in “appalling” conditions with one home branded “not fit for human habitation”.

Two new public interest reports published by the Public Services Ombudsman for Wales on Thursday (October 30) revealed “significant failings” by Cardiff Council and Flintshire County Council.

The first report found that Cardiff Council had missed numerous opportunities to resolve the causes of a significant leak and extensive damp and mould, resulting in devastating impact on the complainant and her family.

The second report found that a tenant and her children were forced to live for five months in “unacceptable conditions” after Flintshire Council failed to respond to repeated reports of damp and mould.

Devastating

Michelle Morris, the Ombudsman, said: “A home should be a place of peace and safety – but for the people who brought these complaints to us, it became a hazard.

“The health impacts of damp and mould are well-documented, but its impact on family life can be no less devastating.”

The Ombudsman’s investigation into Cardiff Council uncovered the devastating impact on a tenant whose property was allowed to fall “into an appalling state of disrepair”.

The complainant, dubbed “Ms C” reported how Cardiff Council did not respond to her concerns about leaks and mould at her property.

She also complained that, after the property was identified as “not fit for human habitation”, the council did not carry out repair works quickly nor make reasonable efforts to provide alternative accommodation for Ms C’s family.

The Ombudsman found that the council was aware of the presence of damp and mould in April 2021 and over several years Ms C had made multiple reports of a significant leak from the bathroom causing damage to the kitchen ceiling.

Disrepair

Ms C and two of her daughters and her elderly mother spent many months living in unsuitable conditions.

The Ombudsman, said: “The damp and mould posed significant hazards to the health of Ms C and her family, and damaged or destroyed many of the family’s possessions.

“The despair of living in such poor conditions over a long period appeared to have contributed to the slow disintegration of the family unit to the point that all family members had moved out.”

Ms Morris made a number of recommendations, all of which Cardiff Council accepted.

These included apologising to Ms C and providing her with £3,000 in financial redress.

Additionally, Cardiff Council was asked to provide the Ombudsman with evidence of review outcomes and action plans, including responses to the thematic disrepair and damp report.

It was also asked to identify any other tenants affected by systemic issues and provide redress where needed, and to carry out an equality impact assessment of its repair and damp and mould policies.

A Cardiff council spokesperson said: “We acknowledge the findings of the Ombudsman’s investigation into our Responsive Repairs Unit (RRU) and fully accept all recommendations made in the report.

“The service provided to the contract holder was poor and fell well below the standards we expect. We apologise unreservedly for this, and for the impact it had on her and her family.”

Complaints

The Ombudsman also upheld a complaint against Flintshire County Council.

Miss Y complained about the way the council had responded to reports of damp and mould in her home and the council’s lack of action to provide alternative accommodation.

The investigation found that the council failed to identify that Miss Y had made numerous repair requests regarding the same issue.

Repair requests were treated in isolation and officers visited Miss Y’s home on numerous occasions to address new issues, whilst previous repairs remained outstanding.

Ms Y reported members of her family suffering chest infections as a result of being exposed to mould spores and said she had to dispose of furniture that had become damaged by damp.

Failings

The Ombudsman said: “The failings identified in this investigation are significant. The council missed opportunities to identify damp in Miss Y’s home sooner.

“When it became aware that extensive work in relation to damp was needed, it did not take timely action to secure alternative accommodation.

“As a result, Miss Y and her children were left living in a home that the council knew to be severely impacted by damp during some of the coldest months of the year.”

Ms Morris made several recommendations, all of which Flintshire Council accepted.

These included apologising to Miss Y and providing an additional £1,258 in financial redress for the distress and the lost furniture and possessions, on top of the £500 already offered.

Flintshire Council was also asked to ensure housing and communities officers complete paperwork accurately, contact Miss Y to confirm any outstanding work with a completion schedule,  and develop processes to identify, record, and escalate repeated repair requests.

Further recommendations included creating guidance for assigning tenant liaison officers, developing a more specific decant policy, and reviewing procedures for conducting and recording pre-letting inspections.

The Ombudsman noted that the council has already made changes to its systems to address some of the failures identified.

Vicky Clark, Chief officer for Housing and Communities at Flintshire Council, said: “We acknowledge the findings of the Ombudsman report and accept that, on this occasion, our response fell short of the standards we set and expect.

“We sincerely apologise to the tenant for any stress and inconvenience caused. Since this case, we have made changes to how we respond to reports of damp and mould.

“We now have processes in place to actively monitor all reports to ensure any concerns are dealt with efficiently and effectively.

“Providing all tenants with safe, well-maintained homes is a key priority for the Council and we are determined to ensure delivery of this high priority.”

Repairs

In October last year, the Public Services Ombudsman for Wales published a thematic report on how social landlords should respond to requests for repairs related to damp and mould.

However, Ms Morris says that despite this, she continues to see numerous cases highlighting failings.

She said: “The failings identified in these cases are ones from which other organisations can learn.

“It is for these reasons I consider these reports to be of wider public interest.

“I hope that the experiences of Ms C and Miss Y will serve as a powerful reminder to social landlords across Wales of the potentially devastating human impacts of delayed and inadequate responses to reports of disrepair or damp and mould.”