SPSO Individual Decisions

C complained that the association did not reasonably address reports of antisocial behaviour. C is the Chief Executive of a charity who owns a property in a block where other properties are owned by the association. The charity's tenant complained of antisocial behaviour from one of their neighbours and the charity reported this to the association. A few weeks later, C complained that these reports of antisocial behaviour had not been addressed. C did not receive a response until they followed it up some months later. The association explained that they considered their policies and procedures had been followed. C was dissatisfied and raised their complaints with SPSO. We found that the association did not progress the reports of antisocial behaviour in line with their antisocial behaviour procedure. They did not update C regarding the situation and did not advise C when the case was closed. We found that the association did not keep full and accurate records of telephone calls and verbal discussions regarding an investigation which contributed to the association making an inaccurate statement to the charity. The association also failed to update the relevant recording system in relation to a report of antisocial behaviour, failed to categorise the report or to consider whether the report was substantiated as the antisocial behaviour procedure required. We found that the association did not recognise some of their failures when investigating and responding to C’s complaint. Therefore, they missed the opportunity to take steps to ensure that there could be no recurrence of this at a time when this could have been effective for A and the other residents at the property. We upheld C's complaint.

Mrs C complained to the association about problems with insects in her home and the water quality, after it was confirmed by the provider that there were high levels of lead in the water. The association responded to the complaint about insects by instructing specialists, who reported that there was no infestation but carried out preventative treatments. With respect to water quality, the association said that they checked internal pipework and confirmed there was no lead present. They also contacted the water provider and, following a re-test of the water supply, it was confirmed that the levels of lead were now at safe levels. The association considered that there was nothing else they could do on the matter. Mrs C was unhappy with this response and brought her complaint to us. We found that the association had acted reasonably in instructing proper inspections of her property which confirmed that there was no insect infestation. There was a delay with respect to organising preventative treatments, however, these were not the fault of the association. Therefore, we did not uphold this aspect of Mrs C's complaint. In relation to the problems with respect to the water quality, the association had taken appropriate steps to liaise with the water provider and had undertaken checks with respect to the pipework which was their responsibility. The association made reasonable enquiries with respect to the cause of the initial high lead readings and acted on the advice of the water provider. We found the actions of the association were reasonable and did not uphold this aspect of Mrs  C's complaint. Mrs C also complained about how the associaton handled her complaint. We found that there had been a small delay in responding to her complaint, however, the association's reponse provided a detailed account of the actions they were taking to understand and address the complaint. Therefore, we did not uphold this aspect of Mrs C's complaint. Related reading View Deci