Summary: Ms B complained that the Council delayed in completing repairs to her temporary accommodation. We have not found fault with the Council’s actions.

The complaint

1. Ms B complained that the London Borough of Enfield (the Council) failed to ensure essential repairs (including the boiler and kitchen sink) in her temporary accommodation were carried out within a reasonable period. This has caused her distress and inconvenience.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Ms B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Ms B moved into her current temporary accommodation on 5 January 2024. The day after she moved in, she complained the property was not suitable due to disrepair, including no hot water, problems with the kitchen sink and possibly the fridge, mould and damp and disrepair in the bathroom. The Council says it replaced the boiler within a few days of her moving in. Ms B says it took three weeks. The Council has provided a gas safety certificate showing the boiler was in full working order by 14 January 2024.
7. On 1 February 2024 Ms B reported a blocked toilet. The managing agents arranged for repairs the same day and it was noted that both the bathroom and kitchen sinks were also blocked. The workman left everything in working order.
8. On 2 February 2024 the managing agents expressed concern about the amount of issues Ms B was raising and difficulty accessing the property to inspect/effect repairs.
9. The managing agents tried to inspect the property on 9 February 2024 attending for a pre-arranged appointment but did not gain access. Ms B says her phone does not accept anonymous calls, so did not know it was them.
10. The Council inspected the property on 26 February 2024. It noted the following disrepair:
• Kitchen:- damaged work-top around the sink, leaking kitchen sink which was not in use (Ms B was using the bathtub to wash up), the linoleum floor was dirty and insecure.
• Living room:- broken window ledge.
• Landing and stairs:- peeling paint/wallpaper
• Bathroom:- sink tap dripping, flush not working properly and some damp and mould around the tub
• Bedroom 1:- some mould/damp/peeling paint under the window
• Bedroom 2:- double socket not working
11. The Council said Ms B reported further issues on 5 March 2024 and agreed for the Council to visit the next day.
12. The managing agent’s builder attended the property on 12 March 2024 and carried out the following works:
• Installed kitchen waste trap
• Replaced the kitchen tap with a brand new unit.
• Installed fascia behind the kitchen sink and renewed the silicone.
• Redid silicone around the bath and basin, and installed a fascia.
• New curtain pole and curtain installed in the bedroom.
• Bedroom window frame re-connected and re-siliconed.
• Removed rubbish from the yard
13. The Council also carried out another inspection on that day. It noted there was low water pressure in the bathroom, black mould on the living room window, one socket in the living was not working and the light in the second bedroom was flickering.
14. On 18 March 2024 the managing agents raised concerns about Ms B’s conduct and difficulties gaining access to the property. It said it would carry out the remaining works once the Council had carried out a joint visit with them to confirm what needed to be done.
15. On 19 March 2024 the Council completed the suitability review. It concluded the property was suitable in terms of space and size. It acknowledged there was some disrepair outstanding, but it was not significant enough to render the property unsuitable. Ms B complained to us. She said she has not refused access to the property.

Analysis

16. The Council ensured the boiler was replaced promptly and confirmed as safe within nine days of Ms B moving in. I do not find fault with its actions here. It arranged prompt repair of the sink and toilet on 1 February 2024 and the kitchen sink was in working order at this point. It completed the majority of the other repairs on 12 March 2024. I have not identified evidence of undue delay in responding to Ms B’s reports of problems.
17. I understand the managing agents said they had experienced difficulties in gaining access to the property to respond to the complaints of disrepair. Ms B has disputed this. The Council has provided some evidence to support the agents’ view and Ms B acknowledged that she heard the agents and the council arrive on 9 February 2024 but did not let them in as they tried to call her from an anonymous number. I do not find fault with the Council here.

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Final decision

18. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Ms B.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman