London Borough of Tower Hamlets — case 202331397

: Decision Case ID 202331397 Decision type Investigation Landlord London Borough of Tower Hamlets Landlord type Local Authority / ALMO or TMO Occupancy Secure Tenancy Date 25 February 2026 Background The resident told the landlord he was subject to antisocial behaviour (ASB) from a neighbour and his housing officer failed to respond to his reports or offer any assistance. What the complaint is about The complaint is about: The landlord’s handling of the resident’s reports of ASB.

The landlord’s handling of the resident’s complaint. Our decision (determination) There was maladministration by the landlord in its handling of the resident’s reports of ASB. There was maladministration by the landlord in its handling of the resident’s complaint. We have made orders for the landlord to put things right. Summary of reasons The landlord failed to log and investigate the resident’s reports of ASB. Its communication with the resident was also poor and it did not undertake a risk assessment or agree a plan of action with him.

The landlord did not follow its complaints procedure and there was a delay in issuing its final complaint response. Putting things right Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction. Orders Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Order What the landlord must do Due date 1 Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: The apology is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance. No later than 25 March 2026 2 The landlord is ordered to pay the resident £400 compensation. This must be paid directly to the resident and made up as follows: £300 compensation for the distress and inconvenience that was caused to the resident by its handling of his reports of ASB.

£100 compensation for the distress and inconvenience that was caused to the resident by its handling of his complaint. 25 March 2026 3 The landlord is ordered to contact the resident and establish if he continues to experience problems of ASB. It must open an ASB case, complete a risk assessment and agree an action plan with him if he reports the ASB is ongoing. 25 March 2026 Our investigation The complaint procedure Date What happened 7 June 2023 The resident made a complaint and said: The landlord failed to respond to his reports of ASB that he made on 22 May 2023.

The situation was serious and the ASB was ongoing. His housing officer did not offer any assistance. 8 June 2023 The landlord acknowledged the resident’s complaint. 21 June 2023 The landlord issued its stage 1 complaint response and said: It was sorry it did not respond to the resident’s email of 22 May 2023. It would address his concerns with the housing officer. It did not have a ASB case open but would ask its ASB Team to raise a case and contact him. The resident could report ASB to the police.

24 August 2023 The resident contacted the landlord and noted that his complaint was escalated on 25 July 2023. He said he wanted to add information to his complaint. This included noting it took the housing officer over 3 months to contact him. 29 August 2023 The landlord acknowledged the resident’s complaint escalation request. It said it was experiencing staff shortages and would aim to provide a response within 30 working days. 1 December 2023 The landlord issued its final complaint response and said: It was sorry for the delay in responding to the resident’s complaint.

It attempted to contact him on 21 August 2023 but received no response. A voicemail was left asking him to register a new ASB case so his concerns could be investigated. To date, no ASB case had been registered. Without an active case being registered, it was unable to progress matters. Referral to the Ombudsman The resident told this Service that his landlord failed to respond to his reports of ASB. He also said his housing officer failed to offer him any report and he wanted the matter investigating.

What we found and why The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration. Complaint The landlord’s handling of the resident’s reports of ASB. Finding Maladministration It is not this Service’s role to establish whether the reported ASB occurred, but to determine whether the landlord responded in accordance with its relevant policies and procedures and its actions were fair in all the circumstances.

It is noted that the resident said he had experienced ASB for several years. This Service encourages residents to raise complaints with their landlord in a timely manner. This is because with the passage of time, evidence may be unavailable and personnel involved may have left an organisation, which makes it difficult for a thorough investigation to be carried out and for informed decisions to be made. Taking account of the availability and reliability of evidence, it is considered fair and reasonable for this assessment to focus on the landlord’s handling of the events leading up to when the resident made a complaint in June 2023, up to December 2023, when the landlord issued its final complaint response.

On receipt of reports of ASB, landlord should gather evidence to establish if the behaviour is unreasonable and if it constitutes ASB. This ensures landlords meet their obligations and take appropriate and proportionate action, if required. This includes using the powers available to it, such as mediation, signposting to other agencies and enforcement action, where appropriate. The housing records confirm the resident told the landlord on 22 May 2023 that he was experiencing ASB from a neighbouring property.

This included noting his neighbour screamed and shouted during the day and night. He also said he had experienced ASB problems in 2020 and 2021, which led to his neighbour being served an injunction. There is no evidence the landlord responded to the resident’s concerns reported in May 2023 or opened an ASB case. This meant the resident was not clear on what action was being taken by the landlord and was not consistent with its ASB policy. This says it will record and acknowledge reports of ASB in writing within 1 working day.

The landlord’s failure to log or respond to the resident’s reports of ASB meant potential risks were not assessed. Risk assessments form part of statutory guidance which accompanies the ASB Crime and Policing Act 2014. It says landlords should assess the risk of harm to the victim, along with any potential vulnerabilities, at the time it receives an ASB report. Failing to undertake a risk assessment at an early stage of an ASB report instantly puts residents at a disadvantage, and many other failings often follow.

The situation and inaction cannot but have caused the resident distress and led to him raising a complaint on 7 June 2023. He said the ASB problem was serious and ongoing. He also noted his housing officer should have provided assistance but had not responded to his concerns. The landlord told the resident on 19 June 2023 that his reports of ASB had been passed onto his housing officer and they would contact him shortly. No timescales were provided for doing this. This was not consistent with the landlord’s ASB policy.

This says it will contact residents within 2 working days if their reports of ASB are classified as being level 2 cases. Level 2 cases include noise nuisance and general ASB. The landlord sent the resident diary sheets and guidance on how to complete them. This included noting it was more likely to be successful in progressing an ASB case if specific details about incidents were provided. This provided clarity and ensured the landlord managed the resident’s expectations given it could not take any formal action against the alleged perpetrator without strong supporting evidence to show the behaviour was serious and prolonged.

The landlord said the resident’s housing officer would review the completed diary sheets and agree the next steps with him. Whilst this provided clarity, there is no evidence the housing officer contacted the resident. This was a failure. Agreeing an action plan helps landlords to manage residents’ expectations and keep them informed about the progress of the case. This can also reduce the stress and anxiety about the situation and provide confidence that the landlord has the matter under control.

It also allows the landlord to show the range of solutions it has available to it, supports it to make clear proportionate decisions and ensure its staff are aware of the approach it is taking. The landlord issued its stage 1 complaint response on 21 June 2023. When considering how a landlord has responded to a complaint, this Service considers not just what has gone wrong, but also what the landlord has done to put things right in response to the complaint. This includes the steps the landlord has taken to address the shortcoming and prevent a reoccurrence, as well as any compensation offered.

In this case, the landlord apologised for failing to respond to the resident’s email of 22 May 2023 and noted it would discuss his concerns with the housing officer. This was appropriate and helped rebuild trust. The landlord also noted that an ASB case had not been opened. It said it would arrange for its ASB team to contact him and open a case. These landlord’s actions were reasonable in the circumstances. The landlord’s ASB team contacted the resident on the same day. It provided him with diary sheets and again confirmed his housing officer would be in contact.

There is no evidence the housing officer contacted the resident. This was a further failure and was not consistent with the landlord’s ASB policy. This says it will provide residents with support and keep them updated. The resident submitted a diary sheet on 5 July 2023. Five incidents of ASB were included on the diary sheet covering the period from 22 June 2023 to 25 June 2023. This included reports of his neighbour shouting and making loud noises during the early hours of the morning.

The resident noted the noise disturbed his sleep and he felt intimidated. There is no evidence the landlord responded to the resident’s reports of ASB or his subsequent reports included in the diary sheet he submitted on 23 July 2023. This was a further failure and meant the landlord failed to utilise the evidence provided or use it to inform the early intervention tools available to it, including mediation and referrals to other agencies. The resident said the situation was getting worse and he wanted a ASB case reference number.

The resident submitted a further diary sheet on 6 August 2023. This included noting his neighbour had been arrested for making threats to kill. There is no evidence the landlord contacted the resident or liaised with the police regarding the matter. This meant it did not take a multiagency approach to address the resident’s concerns and was not consistent with its ASB policy. The landlord also failed to respond to the resident’s report of ASB included in his diary sheet submitted on 25 September 2023 or complete a risk assessment The landlord noted on 1 December 2023 in its final complaint response that the housing officer telephoned the resident on 21 August 2023 and left a voice message asking him to register a new ASB case.

It said he needed to do this so it could investigate his reports of ASB. No record of the telephone call was shared with this Service. The landlord said it did not receive a response from the resident and as such, it was unable to progress matters. The landlord’s comments were not reasonable in the circumstances and contradicted the information included in the stage 1 complaint response which confirmed it would open an ASB case. There is also no reference in the ASB policy indicating residents have to register an ASB case before an investigation can be carried out.

It was evident the resident had submitted a number of diary sheets and this should have been sufficient for the landlord to open an ASB case. The policy also says it will offer residents an interview if it is unable to contact them over the telephone. There is no evidence the landlord did this. The landlord did not acknowledge its communication with the resident was poor and it failed to carry out an investigation into his reports of ASB. This demonstrated it did not take learning from the resident’s complaint.

Taking account of all the circumstances, a finding of maladministration has been made in relation to this aspect of the resident’s complaint. An award of compensation has been made to reflect the avoidable distress and inconvenience that was caused to the resident. Complaint The landlord’s handling of the resident’s complaint. Finding Maladministration The resident made a complaint on 7 June 2023. Whilst the landlord acknowledged the complaint on 8 June 2023, the resident was not advised when he would receive a response.

This was not consistent with the Housing Ombudsman’s complaints handling code (the Code). The landlord provided the resident with an update on 13 June 2023. This included noting that it would interview the member of staff that had been complained about on their return to work the following week. The landlord’s actions were reasonable in the circumstances. The landlord issued its stage 1 complaint response on 21 June 2023. This was consistent with the timescales set out in the landlord’s complaints policy.

It is unclear from the housing records when the resident escalated his complaint. He told the landlord on 24 August 2023 that he was advised by email on 25 July 2023 that his complaint had been escalated to stage 2. The landlord did not share a copy of the email with this Service. The landlord’s records show that it acknowledged the resident’s complaint escalation request on 25 August 2023. It told the resident on 29 August 2023 that it would provide a response within 30 working days.

This was not consistent with the timescales set out in the Code that was in place at the time. The landlord did not issue its final complaint response by the deadline date and there is no evidence it told the resident there would be a delay. This was not consistent with its complaints policy or the Code. The landlord issued its final complaint response on 1 December 2023. This was some 6 months after the resident made a complaint and was not consistent with the timescales set out in its complaints policy.

Whilst the landlord apologised for the delay in responding, it did not offer the resident any compensation. This was not consistent with its compensation policy. In addition, there is no evidence seen of any meaningful commitment to learning from its undisputed failings. Taking account of all the circumstances, a finding of maladministration has been made in relation to this aspect of the resident’s complaint. An award of compensation has been made to reflect the avoidable distress and inconvenience that was caused to the resident.

Learning General learning The landlord should ensure that it has adequate confidence in its staff’s application of the ASB case management practice standards set out in its policy and statute. Knowledge information management (record keeping) The housing records provided by the landlord were limited in areas and made it difficult to determine whether its actions were fair and reasonable in the circumstances. The landlord should ensure it keeps accurate and clear records so it is able to meet its obligations.

Communication The landlord’s communication with the resident was poor at times and it failed to respond to his request for updates.