Local Government Ombudsman report - advice needed!

[Guest Battleaxe]

Rich44,

 

When I was having problems with the riff raff around here, the police told me that I could use CCTV and digital camera for evidence gathering. I asked the question about anyone identified and they all the better because it would help them in identifying the perpetrators of the offences. This resulted in fixed penalty notices being issued to the parents of the children concerned hey ho, so much for not being able to take pictures of children. The CCTV footage recorded directly to our DVD recorder. We all have a reasonably quiet life now.

 

I am sure if you spoke to the police about this, even though they don't do noise abatement, that is the local council and you have a diary also as to times and dates this noiose is happening, it will strengthen their case.

 

For heavens sake get the local housing people involved and get yourself moved. You don't your little growing up with this type of stress.

 

Best of luck

[crashbandicoot]

Gosh Rich, what a horrible situation to be in...just want to re-iterate what a couple of people have already said - Keep a daily diary/log of everything, even minute detail that you might not think is important.

 

Also put down the effects of the disturbance...things like..baby woke up..took 20 minutes to settle again....stuff like that. Bombard the council/association with info and keep pestering to get them to move you.

 

Good luck

[tim2718281]

Now apparently she has been told of the content of the video footage I made up and has been to the police and they have told her that she has a strong case to have me prosecuted i'm presuming under invasion of privacy?

 

I didn't think there was an offence "invasion of privacy".

 

Tim

[tim2718281]

.. ) however further investigation by myself of the Human Rights Act 1998 article 8 seems to suggest that they only have a case if you have recorded anything of a confidential nature.

 

There would be no case even then. It applies only to public authorities, not private individuals.

 

So, the police, council, etc might not be able to make recordings that infinge privacy, but private individuals can.

 

Tim

[falcon185]

Hi,

how about reporting them to the police for "actions likely to cause a breach of the peace"?? Due to their actions I'd be at the end of my tether and kicking their door in myself and seeing if their stereo had wings as it flies out of the window, open or closed! Nobody should have to put up with that sort of behaviour and the council should be hauled over the coals for not doing anything about it. IMO ;-)

[tim2718281]

There are several pieces of legislation to do with noise; the relevant one here is I think the Environment Protection Act.

 

The first step is to demonstrate the noise is a "nuisance", by noting the times, duration, and loudness. You should also get other neighhbours to do the same, and keep records of any discussions you have with them; and if you have any discussions with the noisemaker, you should make a note of them and their content.

 

If your records show it is a demonstrable nuisance, and attempts to achieve a negotiated solution with the noisemaker have failed, the council should serve an "abatement notice" ... the more records and evidence you have of the nusiances, the easier it is for the council to take action. If the offender does not comply with the notice, then legal proceedings can follow.

 

What noise is a "nuisance"? Well, noise that keep you awake at night would seem to me to be a nuisance. I suppose I'd say "night" is after 11pm.

 

What level of noise would keep you awake? As a guide, if the music's sound level inside your home is louder than the noise level in a library, it is likely to keep you awake. (I believe you can find this information from the World Health Organisation.)

 

Noise can also be a nuisance at other times, but it's probably harder to demonstrate.

 

Tim

[Rich44]

Hi everyone just thought you all deserved an update.

 

The ceiling was redecorated in September its now mouldy again because they bodged it up.

 

We reported a hot water tank leak and they came and ripped out our living room cupboard and left exposed rotting plaster from the cupboard and its still like it and has been for over 6 weeks now. the council want to replace the radiators, pipework and hot water tank at the same time and seem to think its a great idea to run scalding hot copper pipes round skirting boards with no protection over them and thats ok.

 

They want to do all this next Monday and leave us without hot water or heating for FOUR days with a 4 month old baby!!!

 

No one has addressed the ASB cases and they closed the cases with the ABATE team without telling us (and then claimed they had kept us informed all the way along which is a total lie!)

 

------------------

 

On the upside:

 

we had a meeting with our LGO investigator last Friday and she was really kind and helpful and spent over an hour going over everything with us then took the council top bods round (director of housing for one) and went through everything and boy did they look sheepish!!!

 

The upshot is although we are awaiting the official report she has said she intends to find in our favour and ask the ombudsman to order the council to pay compensation (which at no time have we asked for we just wanted the repairs and an apology).

 

AND we have been on the mutual exchange list for over 3 years now and someone has offered us an exchange, theyre at the coast in a tiny village and want to be in the city, its a gorgeous bungalow overlooking marshes with a garden and a balcony garden thing, the exchange is due for completion on 4th January so we can get away from the council and all their arrogance and unhelpfulness!!

 

Thanks to everyone who has replied on this thread, i'll try to get some pics done so you can see what mess theyve left us in for the last 2 months or so

[trundlecat]

A bungalow by the sea & a nice wad of compo to get the place all kitted out Sounds brill! Sorry the council are still being a*ses but really sounds like your luck's changing Rich & that's great.

 

Why is it councils always want to do jobs that take heating away, windows out etc just as the weather starts turning cold? Do the people who plan this stuff actually have a clue what it's like living without heat or hot water?

 

Can we have a baby pic as well as mess pics please?

 

TC (& Trundle-junior due 3 Apr)

[Rich44]

Oh yeah and they want to do the windows in January take them out repair/replace and paint - do these people actually have a clue, glad we ont be here for that grrrr lol

 

Yeah we really couldnt believe it talk about bolt from the blue we got this letter from this guy, you just couldnt write it as a soap opera you really couldnt lol

 

Dunno how much money we're talking about but seeing as the problems have been ongoing for the last 12 months I think 12 months worth of rent would be nice, but would settle for £500 to cover the moving costs actually id settle for £10 cos thats £10 that the council aint having pmsl!!

 

I will get some baby pics sorted out later tonight, he's 4 months (yesterday) and we're going to start the baby rice this weekend cos he's slurping a full 9oz bottle then crying for more. The other night at 5pm he had 9oz and got him ready for bed and he screamed and screamed and offered him another bottle thinking just an oz or 2 and he porked the lot 18oz in 60 minutes blimey!!! Spoke to health visitor and she's ok'd it he's 17lb 9oz now lol.

 

I'll get a range of pics sorted ive got a cute one in his bear outfit which is soooooo cool

 

PS Congratulations on your bundle of joy on the way is it your first?

[cheddar]

I am so glad that you have found somewhere else I followed your story (even though i didn't really comment ) Am really honestly happy that you're getting out! :D :D

[Rich44]

Thanks, we're very excited about our new bungalow (although feel slightly sorry for the 2 guys moving in here) its got a lovely small secure garden and a 15' x 30' balcony/terrace garden with a nice high wall around it overlooking the marshes plus its SW facing so nice and sunny too.

 

We have a removal co coming round tomorrow to quote the cost of moving they reckon £295-£350 which is very reasonable.

 

Hoping to hear in the next day or two what the LGO has to say too, i'll keep the thread updated

[cheddar]

OH please do it has been amazing what you've had to go thru and even if it helps one person out to me it is worth it. Well done you.

[Rich44]

Thought I would start a new thread seeing as the old one was quite long and very old.

 

Further to our council nightmare with ASB problems, horrendous repair problems etc we now have a report from the LGO finding in our favour on nearly every item on the list and ordering the council to do the repairs apologise in writing and pay us £800 compensation.

 

I will type the full report up later on for people to read but its difficult at the moment which i'll explain further down.

 

The council started to do the works required it took 4 attempts to replace the hot water tank as what the surveyor has specified the fitters were not happy to do as it was a bodge and would take 2 weeks to install (pipes all the way round the flat at skirting board level on every wall) they wanted to fit a combi boiler in the kitchen which would mean the pipes could go round the ceiling instead.

 

After 4 visits and a huge amount of arguing with the council they eventually agreed to do this only due to the fact that one of the fitters used to work for the council officer in question and called him on our behalf and had a right go at him.

 

During all this time someone actually asked to exchange with us unfortunately they live in the middle of nowhere, we felt that despite the fact that Cheryl doesnt drive we had to take this exchange as it was the only person in 4 years to even offer even though it would be horrendously inconvenient being this far away from the city centre (30 miles).

 

Thursday 4th Jan we moved house to our new home and its lovely its on top of a hill so the views across the valley are beautiful, the neighbours are fantastic and even put a welcome card through our door which we nearly cried about as it's such a change from where we were.

 

The move cost:

 

£330 moving company

2 days holiday from work

 

It's now going to cost us a load of money to get carpets etc fitted as the ones that are down are filthy and worn out and William will be crawling soon.

 

Where am I going with this? well the LGO initially said the council should pay us £800, they're now arguing saying they will only pay £600 as they don't feel that the aggravation and stress that their action and inaction has caused is worth £800.

 

Allow me to recap on what they did/didnt do:

 

Took 9 months to repair a leak from upstairs which destroyed our bathroom ceiling

Failed to instigate their own break in procedures to repair the above leak when refused entry by the tenant above even though it was obvious the problem was coming from her flat.

Offered mediation to sort out ASB problems which we agreed to and never materialised.

Part of the stress caused by the ASB and council caused cheryl to be hospitalised 3 times during the last month of her pregnancy due to high blood pressure partly caused by stress.

Took 4 visits to install new heating system and hot water on each of those visits they ordered the wrong number of radiators and on the last one tried to tell us we did not need a radiator in the bathroom and we again had to argue this.

 

There are many other things as well to involved to list but once I get the report up you will see what I mean.

 

Anyway we feel that we were forced into this move by the council as we didnt really want to move in the first place we just wanted somewhere nice to live that wasnt damp, mouldy with neighbours carrying on like they owned the area. We feel that the council should bear more of the costs of our move (in fact all of them to be honest) plus the cost for carpets etc as again had we not been forced to move we wouldnt now have to spend out on this stuff.

 

what i'm really after is peoples opinions on if I took this to county court and used the LGO report and other council documents (with terrible spelling and grammatical mistakes in them i'll add) whether we would win and whether we would be likely to win either the £800 plus costs or whether we could win substantially more?

 

My gut instinct would be to go for either 50% (or more) of the rent for the affected 10 months or to get quotes for carpets etc and submit these to support our claim but I would really appreciate some advice on this first obviously

[Rich44]

Oh forgot to add reason its hard to get things done at the moment is that we are stuck on dial up as the previous tenant has not cancelled their ADSL and as a result we have to wait 10 days for BTw to clear the marker from the line before ordering

[Rich44]

anyone?

[Rich44]

Not too sure the best way to go about this so i'll explain.

 

My partners mum lives near Cambridge and her carer is 70 this year and had a bad turn today with her vision. As she is the primary carer and responsible for driving her around of course we are concerned....

 

Neither of them are getting any younger and my gf's mum is registered disabled receives full rate mobility and has a blue badge (for what its worth).

 

Now we want/need to get them moved over here (North Norfolk) so that we can help care for them and potentially I would need to be able to drive them about, her mum has regular hospital visits for a hernia (that the NHS refuses to fix but thats another story), heart condition etc so if her friend loses her licence in Nov when its up for renewal they will be well and truly screwed.

 

They live in a council house at the moment so whats the best way to get them moved here, I would like to avoid a mutual exchange as I think that could be too stressful for them (it was for us recently).

 

Also there is the possibility that her younger sister may need to move in with them as she was the carer for my partners nan who recently passed away and the house is to be sold and she is to be made homeless she's a fair bit younger but has been incredibly ill recently and suffers from mental health issues (to the point we were worried she may do something stupid after her mum passed) we were worried that the authorities may see her as capable of caring for her sister and stopping any kind of prioritising on the housing register.

 

Any thoughts welcome on this thanks.

[tiglet]

Try speaking to the CAB and see if they can assist you with speaking to the right people. Alternatively, try speaking to Social services and see if they can help.

 

Not my area of expertise I'm afraid, but these people are usually quite helpful.

[gizmo111]

I am no housing expert, but Ithink you will need to get your local authority to pick up a duty to house the lady. Mutual exchange may be your best option.

Shelter are very good on this sort of stuff.

And here on CAG we have Mr Shed and Nightmare for Banks who will probably know more.

Shall I ask for this thread to be moved to Landlors and Tenants?

[cheddar]

It depends on your local authority and how they work their housing. Some still have old style points systems, some have given their housing depts to private firms, some like mine are whats called am Arms Length Management Organisation who have a choice based letting scheme.

 

All these things aside you really need to have a chat with your LA's housing dept, they are there to help you and if you find you aren't geting any help then your council should have a welfare right depts or you can see your local CAB, failing this get your MP involved and failing that it would be time to make a complaint to the LGO but i would hope it wouldn't get to that stage.

 

Explain as clearly as you can to the housing dept why she needs to make the move and the effects it will start to have on her and her wellbeing if you she doesn't move.

[Rich44]

As per our ongoing dispute with the local council regarding housing, anti-social behaviour and many other things we had the LGO reach a conclusion of £800 compensation and a full apology from the council which the council have haggled down to £600 with the LGO.

 

we have now received a cheque for £600 which we have now returned to the council and as for their apology letter well it had grammar errors in it and it was sent by a Senior Project Officer whom I do not believe is in a position nor qualified to apologise on the councils behalf.

 

I can post up a full transcript of the LGO report if anyone is interested to read it (it is pretty damning stuff).

 

We were prepared to begrudingly accept £800 compensation for the stress and suffering caused by neighbour nuisance and neglect to repair our property and failure to fix a leak from above for 10 months but now they have offered £600 there is no way thats anywhere near enough.

 

We were offered a mutual exchange in October to the middle of nowhere which we would not have accepted ordinarily as I drive but my partner doesnt so we accepted it to get away from the council and our terrible neighbours that the council was doing nothing about despite numerous log sheets provided (see the report).

 

Our moving costs were:

 

£330 labour and van (commercial company hired)

£180 ADSL 12 month contract buy out

£1000 lost work (ongoing) as partner is self employed and her work load is practically non existant now

£50 ADSL activation fee for new home

 

On top of that we now need all new curtains and carpets which we would not have had to find had we not been effectively forced to move by councils lack of action as per above, now obviously we dont expect all these to be paid but see why we think £600 is an insult.

 

Not to mention when the one line in the letter relating to an apology is

 

The council apologies for the inconvenience and stress

 

and that they obviously dont proof read their own letters how we can feel that they don't really mean that apology, do you think its unreasonable to expect more money and a proper apology from the Chief Execs office?

[Rich44]

As per our ongoing dispute with the local council regarding housing, anti-social behaviour and many other things we had the LGO reach a conclusion of £800 compensation and a full apology from the council which the council have haggled down to £600 with the LGO.

 

we have now received a cheque for £600 which we have now returned to the council and as for their apology letter well it had grammar errors in it and it was sent by a Senior Project Officer whom I do not believe is in a position nor qualified to apologise on the councils behalf.

 

I can post up a full transcript of the LGO report if anyone is interested to read it (it is pretty damning stuff).

 

We were prepared to begrudingly accept £800 compensation for the stress and suffering caused by neighbour nuisance and neglect to repair our property and failure to fix a leak from above for 10 months but now they have offered £600 there is no way thats anywhere near enough.

 

We were offered a mutual exchange in October to the middle of nowhere which we would not have accepted ordinarily as I drive but my partner doesnt so we accepted it to get away from the council and our terrible neighbours that the council was doing nothing about despite numerous log sheets provided (see the report).

 

Our moving costs were:

 

£330 labour and van (commercial company hired)

£180 ADSL 12 month contract buy out

£1000 lost work (ongoing) as partner is self employed and her work load is practically non existant now

£50 ADSL activation fee for new home

 

On top of that we now need all new curtains and carpets which we would not have had to find had we not been effectively forced to move by councils lack of action as per above, now obviously we dont expect all these to be paid but see why we think £600 is an insult.

 

Not to mention when the one line in the letter relating to an apology is

 

The council apologies for the inconvenience and stress

 

and that they obviously dont proof read their own letters how we can feel that they don't really mean that apology, do you think its unreasonable to expect more money and a proper apology from the Chief Execs office?

[Rich44]

Ok awhile back we had some awful problems with the local council (we have since moved) its took 4 months or so from making a complaint to the ombudsman to them coming out to see us and then in November issuing the report below.

 

The long and the short of it is the LGO said we should:

 

1. Be paid £800 compensation

2. Get an apology from the council

3. Fix their mistakes

 

Now number 3 they sorted out as we were moving out or just before (which incidentally lead to huge amounts of stress caused by constrant mistakes)

 

The council disagreed with the LGO and countered with £600 which the LGO accepted, several months ago we received a cheque for £600 and an apology (with spelling mistakes) from a "senior project manager" now I returned the cheque along with a letter saying how can this person be qualified to apologise for the council when we have never had anything to do with her all the way through this I demanded an apology from the chief execs office (not unreasonable I thought).

 

Sent this all to the LGO who have just taken 4 weeks to write back saying tough and we dont care (basically)

 

Soooo, i'm now thinking off to court and need some advice, the following is the LGO report with the names etc removed i'd really appreciate some advice whether you think its worth proceeding or whether we should just shut up and try to forget about it

 

November 2006

Complaint Norwich City Council

 

You will remember that there are three issues in this complaint: repairs, neighbour nuisance and housing (transfer request, points and rent arrears).

In order to help with my investigation of these issues, I inspected the repairs with two of the Council’s officers and I discussed the neighbour nuisance and housing matters with you and two of your colleagues. This was most helpful and I am grateful for the Council’s input.

I also met the complainant and his partner and talked to them about what has been happening.

I write now with my findings and a proposal for settling this complaint.

Repairs

 

The lounge: The water tank was leaking: work for the installation of a new one started in September 2006. There have been problems, however, with the survey of the tank failing to identify that the old size was not now available and has to be replaced with something much bigger. This has delayed completion of the work and it will not be done until 27 November 2006 at the earliest. In the meantime the complainant and his family have had to live with a large hole in their lounge wall.

The officers confirmed that the work to the tank will be re-started on 27 November. I will come back to the delay below.

The cupboard housing the tank is damp and the plasterwork needs to be addressed before the installation of the tank.

The officers noted this. I understand from Mr Xx in a recent telephone call that there continue to be problems here in that the plasterer has not been asked to call first and do the work before the new tank (and now boiler) is installed.

The guttering outside the lounge wall is causing damp inside to the side of the water tank cupboard and the ceiling.

The officers said that work to the guttering has already been logged and will be dealt with as part of the forthcoming external repairs and decoration. I would be grateful if work could be done to address the damp inside the flat caused by the defective guttering.

The radiators in this room and others in the flat were noted for replacement in September 2006. The pipes too were identified for replacement. However, the work will not now be completed before 27 November 2006. The complainant says that only four rather than five radiators were ordered and there was no specification for the pipes. This has delayed completion of the work.

I would be grateful if the Council would note this. I will come back to the delay below.

 

The complainant is worried that the pipes will be laid along the wall rather than under the floor. He is concerned that his child might touch the hot pipes.

You will know that the complainant and his family are due to move via a mutual exchange. However, officers noted his concerns.

The boiler is defective, it has been reported to the Council but no action has been taken for over a month.

The officers said that they would chase the repair. I will come back to the delay below.

The windows in this room and others are in poor condition.

Officers said that the windows will be repaired and decorated as part of the forthcoming works to the outside of the property. They said that they will be replaced under the Decent Homes Standard later in its programme. This is not something the Ombudsman can question but he would ask the Council to consider with each major repair like this whether it is cost effective and good tenancy management to continue to do temporary repairs where it is clear that a permanent repair would be more appropriate (here the replacement of one or more windows).

The vent in the lounge window has now been replaced but there was a two months delay carrying out the work and it was only done because an operative visiting the property for another job noticed the vent had yet to be addressed.

I will come back to the delay below.

The plasterwork in this and other rooms is blown.

The officers said that if plaster falls off it will be repaired but the plasterwork here seems sound. They say that the plasterwork in the property has not been inspected. Mr Xx told me subsequently that he received an order for the plasterwork to be inspected on 22 September 2006 – order no.100990209 – but no inspection has taken place. I would be grateful if this could now happen although it is not for me to say that the plasterwork should be taken off and redone. I come back to the delay below.

 

 

The bathroom

The door has been re-hung to facilitate better access to the bathroom but it took from April to September 2006 to do the job.

 

I will come back to the delay below.

 

There is mould and bubbling plasterwork on the wall and ceiling. The complainant told me that the repairs in the bathroom have been done once but need to be done again. He questions the work already carried out in terms of quality (for example, plaster was left around the wall and isolator switch) and quantity (it seems that the inspector said all the plaster on the ceiling would be hacked off, the ceiling left to dry and the plaster replaced. This did not happen – instead only patches of plaster were removed and replaced and there was no drying out period). The complainant said that this repair is outstanding from March/April 2006. He also said that, although the cause of the problem has been identified, officers calling recently queried this and suggested it might just be steam from the bath.

 

The officers said that the Council wanted to let the ceiling dry out but also to ensure that the bathroom could continue to be used. They believe the ceiling is now dry and it can be repaired. They said that only the unsound plaster will be removed. They also said that the room will be decorated when the work is done. I welcome this. It is not for me to determine how much plasterwork should be removed and replaced. I will come back to the delay below.

 

The vent is not working. Although identified about six weeks ago – it is only now due to be repaired.

 

I will come back to the delay below.

 

The tiling has only recently been done even though it was scheduled for completion in September and the bath was not removed to facilitate the work despite promises to this effect by the Council’s officer.

 

Please note this. I will come back to the delay below.

 

The toilet cistern is cut into the wall – it looks unsightly and may be difficult to remove for repair.

Please note this.

 

The kitchen: The vent has only just been wired up even though it was installed four years ago.

 

Please note this. I will come back to the delay below.

 

The bedroom: The window is difficult to open and close especially when it rains.

 

I would be grateful if this could be inspected when the outside of the property is being repaired and decorated.

 

The hallway: There may be rising damp.

 

The officers will ask City Care to inspect this – they may ask a damp specialist to attend the property.

 

The hallway cupboard is damp and there is damp on the ceiling above the door.

 

The officers determined that the damp was caused by the leak from upstairs and it needs to dry out. They will consider whether any steps can be taken to facilitate drying out the cupboard.

 

 

Communal

Areas: There is damp on the ceiling caused by the leak from upstairs and the backdoor is difficult to open and close despite being eased.

 

The officers said that this would be attended to as part of the external works programme.

 

Outside walls/

Footpath The boundary walls and pillars are crumbling and the road/footpath is deteriorating.

 

The officers will ask for the walls and pillars to be inspected and take steps to make them safe especially the pillars. They will also report the footpath/road to Highways.

 

Delays and failings in carrying out repairs

 

I have referred above to delays with specific repairs. There were others.

 

You will know that some of the repairs to Mr Xx’s home resulted from a leak to the

balcony upstairs. You will also know that it took from 15 May to 7 September 2006 to

stop the leak. I appreciate that there were access problems to the neighbour’s

property because she works nights. I also appreciate that the repair was not seen as an

emergency and that a quick forced entry is not normally considered in these

circumstances (although it was eventually being considered here). I appreciate too that

a temporary repair was carried out but this was not until 4 September 2006. I would ask

why this took so long. More importantly, however, I believe it was unreasonable to

expect the complainant and his family to live with the stress of not knowing when the

leak would be fixed, the frustration of waiting four months and the effects of its

aftermath even now.

 

It also took from June to September 2006 for the repairs in the flat to be properly

inspected. You will remember that in a letter of 12 June 2006 to Mr Xx’s Member of

Parliament the Council said that a new inspector would be visiting the property within

five working days to assess the remaining work required. This visit did not take place

until September with the consequent delay of carrying out the work – some of which will

not now be done until 27 November 2006 at the earliest.

 

This too must be stressful and frustrating for the complainant and his family especially as they have had to live with the disrepair for so long and during a difficult time – Ms Peak was at the late stages of her pregnancy and had high blood pressure.

 

There were failings too in the way the repairs were carried out and in communications about them. I have said above that the bathroom ceiling needs to be done again. I am told that the family were never given the results of the asbestos test and also a test for rising damp; that jobs were booked by mistake for 46 rather than 44; that workers have simply turned up without appointment sometimes to carry out extensive jobs; and the tenants have not formally been told about the works on 27 November 2006 or about the external works programme (especially plans for the communal areas). They are confused too as to why it is taking so long to implement the Decent Homes Standard (DHS) for their home.

 

Also, the errors caused by not identifying the correct size of tank, under-ordering the radiators and not specifying for the pipes not only delayed this work but also put the complainant and his family on the spot. Since it could not be completed at the time, they were asked if the work could be done the following week. When they quite understandably refused because the job was so extensive and suggested a week later so they could get the flat ready, they were told that this was impossible and they would have to wait until December (now 27 November).

 

Finally, Mr Xx refers to the mix up with the keys to the window of the nursery questioning the Council’s version of events saying he was not living at the flat at the time. He also refers to his new toilet seat that was delivered and left for him to install.

 

So, how should the Council address this?

 

First, it should carry out the work already identified either in previous inspections or in this letter and it should keep me informed about the work until it is done. It should also let me know the outcome of the further inspections referred to above. And it should decorate the property.

 

Second, it should try to minimise disruption and dust when carrying out the work – you will know that the complainant has a young child. I appreciate the officers’ comments that this would be the case.

 

Third, it should confirm to the complainant and his partner when the external works will happen and what they comprise. It should also explain why the DHS will take longer for these properties than others.

 

Fourth, it should ensure that tenants are notified when repairs are due to be carried out and give as much notice as possible although I appreciate that operatives are trying to be helpful at times when they call without an appointment.

 

Fifth, it should apologise to the complainant and his family and pay them compensation for the delays and failings in dealing with the disrepair in their home and for the stress and frustration this has inevitably caused them as well as the discomfort of having to live with the disrepair.

 

There is reference in the complaint about the possibility of a move to facilitate the repairs. I understand that, in the Council’s professional judgement, the work is not considered to be so extensive as to justify a permanent move and that a temporary decant is impractical (after being discussed with the tenants). I do not believe that this stance is so unreasonable as to be questionable.

 

Mr Xx also said he and Ms Peak have significant difficulties reporting repairs (among other things). I was pleased to hear from officers that there were access problems but these have been resolved over the last eight months by, for example, taking on more staff.

 

Mr Xx has asked about tenants and their visitors smoking in the communal hallway. The Council says that there is no policy about this because it would be difficult to enforce. I do not believe that the Ombudsman could criticise this or say otherwise although I recognise that it must be unpleasant when smoke drifts from the hallway into a tenant’s home.

 

Mr Xx mentions too a request he tried to make to Environmental Health for ideas on installing an air filter in the bedroom – it seems that the family are experiencing breathing problems there. And he asks about the window cleaning for which he pays but it is never done. I would be grateful for the Council’s comments.

 

Finally, Mr Xx refers to the door and buzzer of 46. You will know that some of the problems with the neighbour here relate to visitors not being able to use the buzzer and so using other means to contact her – means that disturb the complainant and his family. Problems are also caused by having to slam the door that is swollen from the leak. I would be grateful if this could be addressed because this might resolve some of the difficulties the complainant and his partner experience.

 

Neighbour nuisance

The Council has received numerous complaints from Mr Xx and his partner about residents in the flats where they live. They complain about noise nuisance and anti-social behaviour. There have been particular concerns about the tenants of 46 and 48.

 

The Council has investigated all of these complaints and in some instances has found only normal domestic use of the properties and no evidence of breach of tenancy or statutory noise nuisance. Consequently, it has taken no further action.

 

As part of its investigation, among other things, the Council has contacted the alleged perpetrators of the nuisance and it has let Mr Xx and Ms Peak know what it found (although they seem not to have been told that the case against 46 was closed). The Council has also provided logs for the complainant and his partner to complete, it has involved its ABATE team – specialists in dealing with anti-social behaviour - and it has worked with other agencies to understand what has been happening and to tackle any problem. Environmental Health Officers have also been involved and officers are currently pursuing a complaint against 48 from 10/11 November 2006.

 

These are some of the actions the Ombudsman would expect in a case like this. Also, in the absence of anything to suggest that the officers’ judgement is so completely flawed about what has been happening, he cannot say that they are wrong to determine there is no breach of tenancy or noise nuisance and so cannot take stronger action. I appreciate too that, sometimes it is difficult to prove nuisance where the problems are low level and persistent and seemingly result from a neighbour dispute.

 

But, given the number of complaints made by the complainant and his partner and the length of time they have been complaining, it would have been helpful for the Council to have considered the following: mediation especially with 46; the installation of noise monitoring equipment; a case conference; formal letters to the tenants about the complaints and what would happen if they were found to be justified; and formal letters to the complainants with updates (I have seen no such letters).

 

There have also been mistakes and confusion here. I understand a letter meant for 48 was sent to 44 and they are concerned that the same might have happened with letters meant for them. I understand too that there was confusion about the transfer policy when there are nuisance complaints.

 

I cannot say that anything different might have happened but for these mistakes and the confusion or the Council apparently not considering all the options for dealing with the complaints. However, I do believe that the complainant and his partner may not have received as good a service here as they are entitled to expect. Consequently, I propose that the Council pays them compensation.

 

Housing transfer

 

The Council has already acknowledged that there were problems with a transfer request submitted in March 2006 and it has apologised for what happened in a letter of 12 June 2006 to the complainant’s MP.

 

There were also problems with the rent. Although these have now been resolved and the transfer request has been unfrozen and allocated the appropriate points, the Council has not acknowledged that the problems may not have been caused by anything the complainant and his partner did or did not do. The complainant says that there was a lack of communication at the time about this matter.

 

The complainant and his partner have expressed concerns about the number of points allocated to their transfer request. They say that they have only learnt through the Ombudsman’s office the number of points they have – 20 – and the points seem not to take into account the disrepair to their home and the anti-social behaviour they have been experiencing.

 

The Council provided me with a letter confirming that the transfer request was live although it does not mention the number of points allocated to it. The Council also says that the disrepair and anti-social behaviour could not warrant an urgent move. This is not something the Ombudsman can question – his only concern is that these matters have been considered and it is clear that they have. It might have been helpful, however, for the Council to have let the complainant and his partner know this in writing.

 

There have been errors here and the complainant and his partner have been confused about what has been happening with their transfer request and how the points allocated to it have been determined. This must have been frustrating for them and, in order to address this, I propose that the Council pays them compensation.

 

Mutual Exchange

 

The complainant and his family have applied for a mutual exchange and I understand that it is likely to go ahead. I would appreciate if the Council could take appropriate steps to ensure this happens and also to facilitate the repairs to this property before the new tenant moves in.

Compensation

 

I have said that I believe that the Council should pay the complainant and his partner compensation for the delays and failings I have identified above and for the effect they have had on Mr Xx and Ms Peak. I propose £800. In my view this is a fair and reasonable response to what has happened here and also acknowledges the time and trouble to which the complainant has been put in making his complaint.

Continuing problems

Mr Xx emailed me on 27 November 2006 (copy of email enclosed) to say that there are continuing problems replacing the water tank, radiators and pipe work. He also telephoned to let me know that an officer has visited again to inspect the bathroom ceiling (the same officer who has visited twice before) but no action has been taken. Mr Xx says that the officer suggested that the problem with the ceiling might be condensation even though the Council has already acknowledged that it has been affected by the leak from upstairs.

I am disappointed about this especially when the officers accompanying me on my visit looked at the ceiling. I am disappointed too about the central heating.

Mr Xx is quite understandably concerned that there seems to be no progress on the repairs and is worried it might affect the mutual exchange.

I would be grateful for any pressure you can bring to bear for the timely completion of the work. More importantly, it seems to me that if it continues to be delayed beyond the beginning of week commencing 4 December 2006 (through no fault of the complainant), the Ombudsman will suggest a further monetary remedy of £10 per week of delay until the repairs are done.

Correspondence

Mr Xx is concerned about the quality of some of the Council’s letters. I enclose an example for your information.

Summary

I look forward to hearing from you in response to this letter. Please do call me if you wish to discuss it or any aspect of the complaint.

Finally, subject to what the Council says (and I am very open to its comments), I propose to close the file on the complaint but will monitor it until the action I propose above is taken and Norwich lets me know this.

Yours sincerely

Investigator

[Rich44]

Furthe to the above it then took them 4 visits to replace the hot water cylinder as the engineers refused to fit what the council suggested as it was a bodge and would have taken them 2 weeks to do.

 

They were supposed to work in 1 room at a time instead they locked Cheryl in the spare room for 7 hours a day (literally shut the door and piled all their stuff up in front of it!)

 

The painting and ceiling works werent finished before we moved out and the only reason we agreed to the move was because the councils inaction forced us out I now have a 60 mile commute each day had the council sorted out the ASB and the flat sooner we would not have moved house so they also cost us:

 

£320 moving costs

£200 wardrobes (old ones were too big to fit here)

£500 new carpets and curtains (had perfect laminate floor style vinyl and curtains at old place) the ones here are ruined

£2000 lost work because of the move (partner is self employed)

£300 a month in extra fuel

 

Now we dont expect anything like the amounts above to be paid but we did expect them to be taken into consideration rather than letting the council grind the amount down.

 

So advice please, if county court then wording for the paperwork would be really helpful and how much to claim for etc as I dont want to appear greedy we'd just like some justice to a year of hell

[buzby]

Well, there's no exclusivity for incompetence, but having received the cheque, it was time to cut your losses and move on. If you took them to court, and the issue was simply on the apology aspect, it's an expensive way to proceed.

 

I'd ask for the return of the cheque, and move on - the incompetence will still continue whether you're there or not!

[Rich44]

No the court would be for either the original amount that the LGO suggested which would have been £840 (£800 plus £10 per week till the faults were put right) rather than the £600 they "offered" at the end of the day the apology would be nice but the council bartering down the compensation after we were put through living hell and treated like **** and I was threatened by the anti-social behaviour team with the police for daring to film the noise made by a particular tenant (I since took legal advice and found out I did nothing wrong as I did not breach anyones privacy)