PSOW Individual Decisions

Mrs D complained that her landlord, Cardiff Council (“the Council”), had delayed in responding to her reports to it concerning mould and repairs to a rear wall. The Ombudsman’s investigation considered whether the Council had responded to Mrs D’s report of mould (and associated repair work), and addressed the underlying causes of it, appropriately and in a timely manner. The Ombudsman upheld the complaint. The Council did not comply with its own timescales for completing the inspection or the identified routine repairs; it took too long to rectify these issues which caused detriment and inconvenience to Mrs D. The Council’s communication with Mrs D was substandard, requiring her to chase up updates on the repairs and to seek intervention from the Ombudsman’s office twice in order to obtain a response and progress the repairs. The Council accepted that it had a current backlog of repair work, which it was addressing. It also accepted that its internal processes and communication with tenants needed improvement, and it was currently reviewing its repairs processes. The Ombudsman recommended that the Council should provide a written apology to Mrs D and a redress payment of £300 for her additional time and trouble in having to pursue her complaint to the Ombudsman on 2 occasions. The Council also agreed to complete the review of its internal repairs processes, within 4 months, to ensure that its systems are fit for purpose and provide a copy of it, and any resulting action plan, to the Ombudsman.

Mr A complained about whether the Council had acted in accordance with its relevant policies in dealing with reports of a leaking tap he had made between 2022 and January 2024. The Ombudsman found that the Council did not carry out repairs to Mr A’s home in a reasonable time. It also missed an earlier opportunity to refer Mr A to its Money Advice Service. As such it did not act in accordance with its relevant policies. These are failings which amounted to maladministration, and were an injustice to Mr A. As such Mr A’s complaint was upheld. The Council agreed to apologise to Mr A for not carrying out repair work to his home in a reasonable time and for not making an earlier referral to the Money Advice Service. It also agreed to review the repair reporting process to ensure that it contains an instruction to issue a receipt or reference number when repairs are reported, ensure that relevant staff are aware of the criteria for a referral to the Money Advice Service and ensure that staff who classify repair requests are familiar with its repairs policy, in particular the section on how repairs should be classified.

Mr A complained that the waste disposal in his property was throwing up dirty water. Mr A said that Cardiff Council had sent people to fix the issue on several occasions but the issue kept returning. The Ombudsman found that the Council had received ahigh number of calls reporting the issue, from the residential block of flats where Mr A lives. The Council had acknowledged that the issue was mainly being caused by blockages in the Soil and Vent Pipe for the building, which it said would need replacing in the future. The Council said that the issue was being exacerbated by residents disposing of waste incorrectly. The Ombudsman sought and gained the Council’s agreement that, within 1 month, it would provide all residents with guidance on disposal of waste, and within 3 months, it would complete a survey of the affected Soil and Vent Pipe and give consideration to next steps dependant on the survey outcome.

Ms A complained that the Council had not completed investigations and actions necessary to resolve issues with a neighbouring property which were affecting her. This included the requirement to access this property to clear the garden area and remove vermin. The Ombudsman’s assessment found that the Council had not completed action to resolve concerns about overgrowth and vermin in the garden. Ms A had also not received a full response to her complaint, appropriate action to resolve the concerns or fully respond to Ms A’s complaint. The Ombudsman sought and gained the Council’s agreement to the following actions as an alternative to a formal investigation: • Provide a formal complaint response to include the outcome of investigations, and confirmation of the action plan to address the concerns. The Council agreed to do this within 3 weeks. • Complete actions necessary to clear the garden and remove vermin. The Council agreed to do this within 6 weeks.

Mr Q complained that Cardiff Council had missed various food waste collections. He also complained that the Council had failed to communicate with him effectively. The Ombudsman found that the Council had failed to provide a full and detailed response about what went wrong with the collections and had provided Mr Q with incorrect information. She said this caused additional frustration and uncertainty for Mr Q. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to write to Mr Q, within 1 week, apologising for the incorrect information and explain what went wrong with the collections. The Council also agreed to remind the Collections and Cleansing Supervisor of the need to collect all refuse/waste and to monitor the collections for 3 months.

Mr A complained that following a new system for refuse collection in their area, there had been missed collections. When a complaint was raised about this issue with Cardiff Council, responsible for the collections, there had been a delay with the response received. Further escalation was requested following the response due to Mr A experiencing ongoing issues with the refuse collection and the response not addressing these concerns. The Ombudsman considered that Mr A had not had a full response to their complaint and contacted the Council, which agreed to undertake the following actions to resolve the complaint and as an alternative to a formal investigation: · To provide a further response following the escalation request within 2 weeks. This should detail to the complainant the action being taken to address the concerns.

Mr P complained that Cardiff Council had failed to regularly collect his refuse waste. The Ombudsman found that despite assurances from the Council that it would ensure collections are made, it had continued to fail to collect Mr P’s waste. The Ombudsman said this caused frustration and inconvenience to Mr P and decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to, within 3 weeks, provide Mr P with a written apology, issue a further complaint response which explains the action or plan it is going to take to help resolve matters and to provide written assurances to Mr P that it will monitor the matter regularly to ensure every effort is made to collect his waste in future.

Mr B complained that Cardiff Council had not repaired the footpath as promised and as a result of this, the footpath became dangerous. The Ombudsman found that Mr B had been raising his concerns for a considerable amount of time and the Council had not addressed the issue. The Ombudsman decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to apologise to Mr B for the time taken to deal with the issue and explain why this happened. The Council also agreed to arrange an onsite meeting with a Senior Parks Officer, within three weeks, and offer Mr B £100 financial redress for the time and trouble taken to approach the Ombudsman.

Mrs A complained about the care provided to her late mother at the Care Home where she resided. Mrs A was dissatisfied with the Care Home’s complaint response and contacted the Council about her concerns. Mrs A complained to the Ombudsman that the Council re-directed her back to the Care Home, and said that it would consider the issues she raised at the next inspection. The Ombudsman decided that the Council should have acknowledged and accepted Mrs A concerns within the formal complaints process. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to acknowledge and respond to the complaint in line with The Social Services Complaints Procedure (Wales) Regulations 2014, within 1 month.

Mr X complained that Cardiff Council instructed bailiffs to pursue him for someone else’s unpaid fines. The Ombudsman decided that the Council had failed to respond to the complaint Mr X made to it in April 2024 due to a technical error. The Ombudsman said this caused uncertainty, frustration, and inconvenience to Mr X. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to provide an apology and explanation for the delay and to issue its complaint response to Mr X within 4 weeks.

Mr B said that Cardiff Council failed to provide any updates or a response to his complaint, which he made to it in May 2024. The Ombudsman found that the Council had failed to provide regular and meaningful updates and it had not issued a complaint response. She said this caused frustration and uncertainty to Mr B. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to provide Mr B with an apology for the identified failures and to issue a complaint response within 2 weeks.

Miss B complained about delays in the Council carrying out repairs to a leak in the roof and that this had caused a progression of damp and mould in the property, namely the bedroom. Miss B noted her 2 younger children, both of whom have asthma, also shared this bedroom. Miss B said that her youngest daughter had developed a persistent cough for more than 4 weeks which Miss B felt was partly due to the mould spores in the bedroom. Miss B added that her mental health had been affected as she was constantly worrying about her children’s health. The Ombudsman identified that there had been delays in the work being carried out. The work was subsequently completed, and the Council arranged follow-up inspections. It also raised a job order for anti-mould paint to be applied in the affected bedroom. Although the Council had said that Miss B had not made any reports of damp or mould since 2022, the Council records showed that Miss B had reported mould in the living room in April 2024. It was not clear from the Council’s records what had happened in relation to this. The Ombudsman was concerned that Miss B’s case might be reflective of other instances where reports of mould or damp are not being identified or followed up. This was addressed as part of the settlement. The Council agreed to apologise to Miss B for the delayed work, to review its repair processes to ensure they were robust enough that reported cases of damp and mould are followed up. In addition, if it did not already do so, it would take photographs of the damp and mould where it is reported as part of its inspection evidence.

Mr A complained about the actions of Social Services concerning his children, following allegations made by both him and his former partner about each other’s behaviour. The Ombudsman decided not to formally investigate the complaint. The concerns raised by Mr A had already been comprehensively considered at the independent stage of the statutory Social Services complaints procedure. This had identified some shortcomings in information sharing and communication, and the recommendations in relation to these aspects of the complaint had been carried out. The Ombudsman was concerned that the ongoing arrangements for communication and information sharing with Mr A, as someone with parental responsibility, should be clarified in writing. The Council therefore agreed to confirm to Mr A in writing, within one month: • The level and frequency of verbal updates to Mr A • How Mr A will be able to input into any reviews of his children’s care plans • Confirmation of how Mr A can communicate/contact Social Services.

Miss B complained that she was unhappy with how Cardiff Council handled her queries and concerns regarding parking permit issues and charges. The Ombudsman decided that the Council had not properly responded to the issues Miss B raised. She said that this caused delays and frustration for Miss B. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to apologise to Miss B, provide a complaint response and to consider the appropriateness of the Parking Charge Notices issued within a specified period. The Council agreed to complete the action within 20 working days.

Mr L complained that Cardiff Council had failed to resolve the anti-social behaviour issues he was experiencing from his neighbour. The Ombudsman found that an antisocial behaviour officer had failed to contact Mr L as indicated in the Council’s complaint response. The Ombudsman said this had caused uncertainty and frustration for Mr L. The Ombudsman decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to provide Mr L with a written apology within 4 weeks and a response setting out the action it had taken or would be taking to address Mr L’s concerns. The Council also agreed to provide Mr L with a redress payment of £50 in recognition of the time and trouble taken by him in contacting the Ombudsman.

Miss A complained that Cardiff Council (“the Council”) failed to undertake the agreed repairs to her bathroom following a leak notified to it in September 2023. In response to Miss A’s complaint, the Council informed her that repairs had been completed in March 2024. Miss A disputed that fact. The Ombudsman found that the repairs had not been completed by the Council, as informed in its complaint response to Miss A. The Council indicated that it had made a mistake, and that the repairs referenced in its response had been undertaken at a different property. The Ombudsman sought and gained the Council’s agreement to provide a written apology to Miss A and undertake the repairs to her ceiling, within 10 working days. Additionally, within 10 working days of completion of the repairs to the ceiling, to make arrangements with Miss A for the remainder of the repairs to be completed.

Mr Q complained that his father had requested the removal of a disabled parking bay outside his property, but Cardiff Council had not actioned this. Mr Q complained to the Council but had not received a response to his complaint. The Ombudsman found that Mr Q had complained to the Council more than 12 weeks ago and he had not received a response to his complaint. The Ombudsman said this caused frustration to Mr Q and decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to apologise to Mr Q for the delay and to issue its complaint response within 2 weeks.

Mr A complained that the Council delayed carrying out repairs due to damage from damp and mould to his property. Further, that the Council said that damage to his items was due to a lack of ventilation in the property, and that problems of damp and mould had continued despite repairs having been completed. The Ombudsman found that there was a lack of evidence provided by the Council that the damp and mould was a result of condensation. The Council had undertaken works to the outside of the property and acknowledged there was penetrative damp in the property. There was a lack of evidence that the Council had considered this as a potential cause of the damp and mould. The Ombudsman sought and gained the Council’s agreement to, within 28 days, undertake a full independent damp and mould survey of the property, to identify the likely cause of the damp, and ensure that works completed to date, and proposed, were appropriate to address the issue. The Council also agreed to, within 10 working days of the survey, provide Mr A with the findings of the inspection, and if the survey supported that he was not wholly responsible for the damp issue, the Council agreed to make a financial contribution towards the damaged furnishings.

Miss A complained that Cardiff Council had failed to take any action to resolve her ongoing concerns about the impact of the positioning of her neighbour’s greenhouse. The Ombudsman decided that the Council had known about the issues for over 27 months. In response to previous Ombudsman intervention, the Council had begun to investigate the issues, but had taken no further action in over 6 months. She said that this caused delays and frustration for Miss A. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement within 10 working days to apologise to Miss A, offer redress of £150, and explain what action it is taking to resolve the situation. Further, to provide monthly updates to Miss A until resolution is achieved.

Mr A complained about the length of time Cardiff Council were taking to arrange education for his son, who was in care, and that no timeframe had been provided. The Ombudsman decided that the Council had failed to complete a Personal Education Plan within the statutory timeframe for Mr A’s son. She said that this caused delays with education provision being put in place, and frustration for Mr A. The Ombudsman decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to complete a Personal Education Plan for Mr A’s son within 10 working days. Within a further 10working days, to provide a further written response to Mr A confirming the time frame within which further educational provision would be put in place and apologise for the error in not completing the Personal Education Plan within the time frame specified.

Mr B complained that Cardiff Council had failed to resolve a rat infestation at his home which was believed to be caused by the tenants in the property next door. The Ombudsman decided that there had been a significant delay by the Council to rectify the problem and this had caused inconvenience and frustration for Mr B. The Ombudsman decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to, within 4 weeks, apologise to Mr B and offer him £100 financial redress in recognition of the time and trouble taken in complaining to the Ombudsman. The Council also agreed, that it will explain what work it will carry out to ensure the removal of the rats, rectify any damage caused and confirm what measures it will take to reduce the risk of the problem recurring.

Mr H complained that Cardiff Council failed to follow its internal complaint process. A complaint was delivered by hand on 20 July 2023. He made contact via the online form on 8 August seeking an update. Mr H had not received a response. The Ombudsman contacted the Council and was advised that it attempted to make contact with Mr H following the online contact form to explain that it could not trace his original complaint and sought additional information. The Ombudsman found that the email was sent to the incorrect address. She decided to settle the complaint without proceeding to investigation. The Council agreed to write to Mr H, within one week, to apologise directly for the error, to explain what went wrong and offer £100. It also agreed to seek the information required to open a new complaint.

Mr L complained that Cardiff Council failed to provide him with a cheque for compensation despite informing him in August that it would be sent to him. The Ombudsman found that there had been a significant delay in issuing Mr L with the cheque and that it failed to keep Mr L updated. She said this caused frustration to Mr L. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Council’s agreement to provide Mr L with an apology for the delay and issue a cheque within 2 weeks.

Mr N complained that the Council took 20 months to resolve an issue with a foul smell in his apartment. The Council’s reasons for the delay were that it required access to a neighbouring flat. Mr N says that for 4months the flat was vacant so access could have been possible. The Ombudsman decided that although the issue had now been resolved, multiple mistakes had been made and there had been a lack of communication between the teams involved which caused frustration and inconvenience to Mr N. The Ombudsman decided to settle the complaint without an investigation. She sought and gained the Council’s agreement to write to Mr N within two weeks to apologise and offer£250 in recognition of its failings.

Dr X complained that Cardiff Council had failed to respond formally to the complaint she submitted 14 weeks ago about alleged fly tipping and refuse not being collected. The Ombudsman decided that there had been a delay in the Council’s response.  She said this caused frustration and uncertainty to Dr X.  She decided to settle the complaint without an investigation.