Housing Ombudsman severe maladministration findings: what they mean

The Housing Ombudsman can find severe maladministration against a social landlord. It is the most serious finding it makes. It says more than "handled badly". It says the landlord got things seriously wrong with a resident.

What is maladministration?

When the Ombudsman looks into a complaint, it reaches one of a few findings:

• No maladministration: the landlord acted fairly
• Maladministration: the landlord did too little, or got things wrong, and it harmed the resident
• Severe maladministration: big failings. Serious harm caused, or a deep failure in how the landlord treated the resident

What makes a finding severe?

The Complaint Handling Code and past decisions show a severe finding is likely when:

• Complaints ignored, or replies delayed, over a long time
• Failures that harmed the resident, or made harm worse. For example: a family left with serious damp and mould after reporting it many times, over months or years
• The resident's account of the disrepair brushed off, played down, or not taken seriously
• The landlord's own policies, the Complaint Handling Code, or the law not followed
• A reply to the complaint that was itself poor or misleading

Severe maladministration means more than delays or poor contact. It points to deep failure.

What remedies can the Housing Ombudsman order?

On a severe finding, the Ombudsman can order the landlord to:

• Pay the resident. Severe cases bring far higher awards than standard ones
• Do, or finish, set repairs by a clear date
• Say sorry
• Rework its policies or ways of working in that area
• Prove it has done all this by a set date

The Ombudsman can also publish the finding, case details and orders included, on its website. The landlord's name takes the hit, in front of the whole sector.

Does a severe maladministration finding help in a disrepair claim?

An Ombudsman finding is not a court judgment, and it does not decide a disrepair claim. But a severe finding still helps. It sets out the landlord's failures over time, and its poor replies. That backs the claim's timeline: the landlord knew, and did not act, for a long time.

Holding an Ombudsman finding, and weighing a claim? Keep every paper from the investigation, the case decision included.

Who can use the Housing Ombudsman?

The Ombudsman covers social landlords: councils, housing associations, arm's-length management organisations. Private tenants cannot use it. Their routes: environmental health, the courts, or a disrepair claim through a solicitor.

The Complaint Handling Code

The Complaint Handling Code makes social landlords run a two-stage process and reply within set times. Breaking the Code can itself feed a finding. Use the landlord's formal process before going to the Ombudsman, and keep records of every step.

When should I contact Support for Tenants?

A social tenant with unfixed disrepair? We can talk through your options, including whether a claim beside, or after, an Ombudsman investigation fits.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Ombudsman Service
• Housing Act 1996 (legislation.gov.uk)

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