C Reports LO Report Toynbee House 1011

PART I
(OPEN TO THE PUBLIC) / ITEM NO.
REPORT OF THE MONITORING OFFICER
TO THE COUNCIL
19TH NOVEMBER, 2003
TITLE :LOCAL OMBUDSMAN REPORT – TOYNBEE HOUSE
RECOMMENDATIONS :
THAT Council note the report; agree to the actions recommended to remedy the findings of maladministration and maladministration causing injustice.
EXECUTIVE SUMMARY :
Following three complaints to the Local Ombudsman, the Local Ombudsman has prepared a report making findings of maladministration causing injustice in respect of 2 complaints, and maladministration about the Right to Buy scheme. A summary of the report is set out in this report. (For legal reasons, the real names are not used).
Copies of the full report are available from Members’ Services for Members.
BACKGROUND DOCUMENTS :N/A
(available for public inspection)
ASSESSMENT OF RISK :
High risk if remedial action is not undertaken as soon as possible.
SOURCES OF FUNDING :N/A
LEGAL ADVICE OBTAINED :ALAN R. EASTWOOD, HEAD OF LAW & ADMIN
FINANCIAL ADVICE OBTAINED :N/A
CONTACT OFFICER :ALAN R. EASTWOOD, HEAD OF LAW & ADMIN
(Tel: No: (0161) 793 3000)
WARD(S) TO WHICH REPORT RELATE(S) :LANGWORTHY
KEY COUNCIL POLICIES :N/A
DETAILS
REPORT SUMMARY
Housing Management, Housing Repairs, Housing Benefit, Housing Sales
Toynbee House (not its real name for legal reasons) is a large block of flats which is owned by the Council but managed by its tenants through a Tenant Management Organisation (TMO). The three people who complained to the Ombudsman are all tenants who live or formerly lived at Toynbee House.
Three tenants complained about mismanagement of Toynbee House by the TMO and said that the Council had failed to deal properly with any of their other complaints, including complaints of harassment, unfair treatment of tenants, and criminal activity. In addition, one complained that her kitchen had not been properly fitted; a second complained that repairs to his flat had not been done, that he had not been supplied with a decorating allowance or net curtains for his kitchen, and that his Housing Benefit had not been promptly determined; and a third complained about delay in determining his application to buy his flat under the Right to Buy scheme.
The investigation showed that the complaints about mismanagement and the Council’s failure to deal properly with complaints were fully justified. The Council had failed to monitor the TMO from January 1999 onwards and had failed to investigate any of the many complaints made to it about the TMO between 2000 and 2003. The TMO was not being run democratically and the Administrator was being allowed to exercise far too much personal power. Tenants who complained had been victimised and one tenant had been falsely accused of being a paedophile and forced to leave his flat.

Finding

Maladministration causing injustice (remedy agreed) except on the complaint about the Right to Buy scheme, on which the finding was maladministration but no injustice.

Remedy

The Council has agreed to take the following action :
a)To undertake an in-depth investigation of management arrangements within the TMO and the arms length management company now responsible for Salford’s housing stock (this has already begun);
b)To provide training for Council staff responsible for complaints investigation;
c)To review the system for logging complaints in the Internal Audit department to ensure those systems are being properly operated by staff (this has already been done);
d)To ensure that the Council’s senior managers report to the Monitoring Officer all complaints where it appears there may have been maladministration warranting a report to Elected Members, and all complaints concerning possible criminal activity (this has already been done);
e)To replace Mrs. Alexander’s kitchen and re-charge the TMO for the cost of this (the kitchen has been replaced);
f)To provide Mr. Beckwith with paint to re-decorate his flat and, provided he gives access to the contractor, to measure and fit net curtains for his kitchen (the outstanding repairs to his flat have already been done);
g)To pay Mrs. Alexander a total of £500, Mr. Beckwith a total of £225, and Mr. Cameron £400.
The Ombudsman commended the Council on its positive response to her findings.

C\reports\LO Report – Toynbee House 1011.doc