Social Housing: Housing Ombudsman — House of Commons, 2021-07-01
Topic: Housing
Siobhain Ann McDonagh (Labour, Centre-left): I was just waxing lyrical about the financing structures introduced by the coalition Government, slashing the grants to build houses and trying to make up the difference by introducing an "affordable" rent of 80% market value—attempting to shore up the system on the backs of some of poorest people in the country The whole system relied on those housing associations having ever larger borrowing power and equity in their stock, which in turn forced mergers, taking them further away from their community and their tenants. That is an invidious position to say the least. The choice is to either stop providing houses for those in most need in order to retain their integrity and their local commitment, or to grapple with the new funding regime to continue to do the best they could to provide those homes. The coalition Government battered our social housing system from pillar to post. They even completely abolished the Audit Commission and the Housing Inspectorate under the bonfire of the quangos, so that we now need to talk about reinventing the wheel a decade on. The evidence could not be clearer that their belief in self-regulation in reality means no regulation. I will pursue Clarion, but I also pledge to badger the Government because that is where the ultimate blame lies On the problem with the housing ombudsman, with my remaining time I would like to consider the options available for Kwajo, or indeed any resident in his shoes, to complain about the performance of his housing association. First, the ombudsman is an authority that looks at the process, not the disrepair. To make a complaint in the first place you have to go through Clarion’s previously described multi-stage complaints process. When you finally get through the system, and if you have the patience and tenacity left, then you start the ombudsman process from scratch only to find that you need a signed form from a designated person such as an MP or a councillor, or to wait eight whole weeks if you do not—more hurdles, more bureaucracy. And when you eventually reach the burdensome finishing line, the ombudsman is looking not at whether your leak has been fixed, but at whether the process to fix your leak is correct. Oh, and you have to hope that your complaint falls on the right day of the week because they do not take phone calls on a Tuesday or a Thursday. Can the Minister honestly tell me that if he had water dripping through his ceiling electrics that that is a process he would have the patience to follow? I cannot The alternative is to take your complaint to the social housing regulator. However, it states: "By law, our remit does not include proactive monitoring of how a registered provider performs or complies with our consumer standards…By law, we can only take action against a landlord when it has made significant, systemic failure that breaches the standards we have set." and that "Although our role is not to resolve individual disputes between tenants and landlords we signpost tenants, or their representatives, who have individual complaints, to the Housing Ombudsman Service." Back to square one. While the regulator is required to proactively regulate economic standards of housing associations, it can only take action on consumer standards reactively when it finds evidence of "serious detriment" to tenants—hardly helpful. It is no wonder that the regulator concluded that no regulatory action was needed when inspecting Clarion on the back of endless complaints from Tower Hamlets councillors five years ago. It said: "From the information we considered, we could see there were individual incidents of service failures, including in relation to Clarion’s handling of some complaints, but we have not seen evidence of systemic failings by Clarion which would necessitate regulatory action." However, the regulator did not meet directly with a single tenant or leaseholder as part of the investigation To recap, if I was Kwajo, living in disrepair at Eastfields and waiting endlessly for the regeneration to begin, and I had water pouring through my ceiling, the bureaucratic hurdles in my path would include a multi-stage complaints process with my landlord, the securing of the backing of an MP or councillor or an eight-week wait for an ombudsman to analyse whether due process had been followed and a regulator that would signpost me back to the ombudsman. Is it any wonder he is crying out for help? We are asking people to go through a process that I personally would not have the patience to deal with, and we are then surprised at the anger and frustration that pours out The Minister will be delighted to hear that the solution is in his hands. I draw to his attention the Government’s social housing White Paper, which envisages a thorough strengthening of the regulator’s role in consumer issues, of the type abolished by the Government before last. The regulator would be proactive. It would monitor and drive landlords’ compliance with improved consumer standards. It would introduce routine inspections for the largest landlords every four years. It would give the regulator a power to publish a code of practice on consumer standards. It would strengthen the regulator’s enforcement power, and it would introduce a new power to arrange emergency repairs if needed, where a survey uncovers evidence of systemic landlord failure. It sounds like a huge step in the right direction, does it not, so what is the problem? Not a single word was given in the Queen’s Speech to enacting those solutions into law If the legislation is not introduced in this parliamentary Session, Kwajo and his neighbours will wait in excess of five years to get anything done and for the regulatory system to be improved. Are this Government asking them to wait in squalor until that time I urge the Minister in the strongest terms to use his authority and call for this legislation to receive the Government time and priority it so obviously needs. While I am certain that a strengthened regulator would be a positive step in the right direction, I am under no illusion that it does not build a single new socially rented home. In Merton alone, there are 9,485 households on the housing waiting list, but just 74 two-beds, 32 three-beds and three four-beds have been available in the past year. It is a national problem. We now have 1.15 million households on social housing waiting lists across the country, but just 6,566 new social homes were built last year, one of the lowest numbers on record. At that rate, it will take 175 years to give everyone on the waiting list a social rented home. Where is the ambition? Where is the political will I finish with the words of Ann, who chairs the Eastfields residents association. She said: "It angers me that it had to take a report by an ITV news journalist to highlight the disgraceful conditions that Clarion are happy for their tenants to live in. These residents had been living in these circumstances for years, having to pay rent to live in substandard housing. The Government need to tighten up regulations, bringing in a similar idea to Ofsted to hold housing associations to account. Because nobody living in the 21st Century should be expected to live this way." If only there were a White Paper waiting for Government time.