Summary: We found fault by the Council on Miss J’s complaint about it failing to consider the means of escape from the accommodation it inspected. There is no evidence it considered this at the time. The agreed action remedies the injustice caused.

The complaint

1. Miss J complains about the Council’s failure to act on her reports of damp, mould, and lack of means of escape in the event of a fire in the privately rented property she was placed in after she was forced to leave a previous dangerous property: as a result, she lived in a dangerous property for about 3 months and feels frustrated with its lack of action.

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The Ombudsman’s role and powers

2. 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)
3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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Guidance: Housing health and safety rating system (May 2006)

4. Councils now look at the condition of properties using a risk assessment approach called the Housing, health and safety rating system (HHSRS). When officers inspect a dwelling, they look for any risk of harm to an actual or potential occupier which results from any deficiency that can give rise to a hazard. They judge the severity of the risk by thinking about the likelihood of an occurrence that could cause harm over the following 12 months, and a range of harms that could result.
5. The HHSRS score is calculated following an inspection. The inspection records deficiencies and faults contributing to any of the 29 hazards. Damp and mould growth is within one of the hazard groups as is fire. If a hazard is a serious and immediate risk to a person’s health and safety, this is known as a Category 1 hazard. Those which are less serious or urgent are Category 2 hazards.
6. If a category 1 hazard is found, a council is under a duty to take a course of action set out in the guidance.
7. Assessing fire risks includes threats from accidental uncontrolled fire and associated smoke. Preventative measures that could have an affect on the likelihood and harm outcomes includes, ‘Means of escape from all parts of dwelling/building’. This includes openable door/window. The hazard assessment is to consider the, ‘Ease and means of escape’.

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How I considered this complaint

8. I considered all the information Miss J sent, the notes I made of our telephone conversation, and the Council’s response to my enquiries. I sent a copy of my draft decision to Miss J and the Council. I considered the Council’s response.

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What I found

9. Miss J was offered the accommodation in November 2021 after the Council had accepting it owed her a prevention duty. This is a duty placed on housing authorities to work with those who are threatened with homelessness within 56 days to help prevent them from becoming homeless. The Council have her the chance to find accommodation through the HomeStep Scheme. This scheme helps those who ask the Council for help securing accommodation in the private sector. It pays a month’s rent in advance along with a goodwill payment to, or insurance for, the landlord.
10. This was a privately rented ground floor studio flat. She was unhappy with this accommodation because it had no fire escape route, none of the locked windows had keys to open them, and it suffered from damp and mould. She worried the only escape route in the event of fire was through the front door at the other end of the flat. She reported these health and safety concerns to the Council. Miss J claims it failed to act on her reports and failed to carry out a proper inspection of the property before letting.
11. The Council inspection noted no problems with the concerns Miss J raised. It recommended an air purifier and noted good levels of smoke detection from three hard-wired detectors. It noted the accommodation appeared to be in a good state of repair and had there been signs of mould and damp in the property, it would have been identified during the inspection. It confirmed the means of escape was considered as part of this inspection and there were no concerns. It also confirmed there were no concerns about the absence of window keys at the time.
12. In December, she contacted the landlord by text and asked for window locks and said she would buy these herself. I have not seen a copy of this text. The Council explained the landlord assumed she would go ahead and buy them.
13. In January 2022, Miss J sent another text to the landlord stating she still had no window locks. Again, I have not seen a copy of this text. The landlord told the Council that had it been aware of the issue, it would have addressed it.
14. The Council also says it only received reports from Miss J about her concerns with the escape route and damp and mould shortly before she left the property. It did not, therefore, have time to carry out an inspection. Miss J gave the landlord notice in February 2022 referring to personal reasons for leaving. It was only after this that she began to send emails about concerns with the fire escape and mould.
15. I have seen an email from Miss J to the Council sent the same month in which she told it about her fire escape concerns and moving out within the week. She also mentioned being pursued for rent and believed she should not be paying anything. She later told the Council she was disputing the claims against her because of the condition of the accommodation when she moved in.
16. Miss J sent me various photographs of damp and mould along with videos about the escape access. The photographs are not date marked. I have seen the videos she sent. In one she refers to filming on 23 February 2022 and in two others, the 4 March, the date she moved out.

My findings

17. I make the following findings on this complaint:
1. Miss J’s photographs show damp and mould, but I am not satisfied they are evidence of the inspection failing to identify these problems at the time it was done. This is because they are not date stamped. This means I cannot criticise the inspection for failing to identify the mould because there is nothing to show when the photographs were taken. In addition, I have also considered that if mould and damp existed when Miss J moved in, it would have been reasonable to expect to see some evidence of her reporting it straight away to the landlord and Council. There is no such evidence.
2. Nor can I criticise the Council for failing to respond to her concerns about damp and mould. This is because of the lack of dates on the photographs as well as the lack of evidence of her bringing this to its attention.
3. Miss J’s videos about access were taken after she gave notice of her intention to leave the accommodation and on the day she left.
4. I have seen no evidence to show the inspection considered and tested the means of escape from the accommodation, even though it was on the ground floor. I consider this is fault.

In response to my draft decision, the Council said the inspection reporting is focused on where there is a hazard, not the absence of a hazard. It explained it trains staff to carry out these surveys and there is an obligation to carry them out in a professional manner, considering all 29 hazard categories.

While I accept this is the approach used during assessments, the problem here means there was no positive record made during the inspection to show the officer considered and assessed this hazard. This was because only hazards found are recorded. This approach effectively asks us to accept all hazards are always considered, during every inspection, because they are either recorded as a hazard or not recorded as a hazard.

5. I am satisfied this caused Miss J some injustice. This was in the form of distress as it caused her some stress and anxiety. In reaching this conclusion, I am satisfied the distress was limited because she only raised this as a concern when she gave notice to quit the accommodation which she left shortly afterwards.

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Agreed action

18. I considered our guidance on remedies.
19. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send Miss J a written apology for failing to: show it considered the means of escape from the accommodation when it carried out its inspection.
2. Remind relevant officers of the need to make and retain evidence of consideration given to the means of escape during inspections.
3. Review whether the inspection form needs amending to show consideration and assessment of the means of escape during inspections.
20. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I found fault on Miss J’s complaint against the Council. The agreed action remedies the injustice caused.

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Investigator's decision on behalf of the Ombudsman