Housing Ombudsman severe maladministration findings: what they mean

The Housing Ombudsman can make a finding of severe maladministration against a social landlord. This is the most serious finding the Ombudsman can make. It signals that a landlord's handling of a complaint or its behaviour in relation to a resident was not just inadequate but seriously and significantly wrong.

What is maladministration?

When the Housing Ombudsman investigates a complaint, it can make one of several determinations:

• No maladministration: the landlord acted appropriately and reasonably
• Maladministration: the landlord's actions or inactions were inadequate and caused detriment to the resident
• Severe maladministration: the landlord's failings were substantial, causing serious harm or detriment, or representing a fundamental failure in its approach to the resident's complaint or circumstances

What makes a finding severe?

The Housing Ombudsman's Complaint Handling Code and case decisions indicate that a severe maladministration finding is likely where:

• The landlord repeatedly ignored or delayed responding to a resident's complaints over an extended period
• The landlord's failures directly caused or significantly worsened harm to the resident, for example, leaving a family in a home with serious damp and mould after multiple reports over months or years
• The landlord showed a pattern of dismissing, minimising, or failing to take seriously a resident's account of the disrepair or its effects
• The landlord failed to follow its own policies, the Complaint Handling Code, or legal requirements
• The landlord's response to the complaint was itself inadequate or misleading

Severe maladministration is not simply a case where some delays occurred or communication was poor. It reflects a systemic or serious failure.

What remedies can the Housing Ombudsman order?

When the Ombudsman finds severe maladministration, it can order the landlord to:

• Pay compensation to the resident, in severe cases, awards can be substantially higher than in standard maladministration cases
• Carry out or complete specified repairs within a defined timeframe
• Apologise to the resident
• Review its policies or procedures in the relevant area
• Provide evidence of completed actions within a specified period

The Ombudsman can also publish the finding. Severe maladministration findings are published on the Ombudsman's website alongside details of the case and the orders made. This has a reputational impact on the landlord and creates accountability in the sector.

Does a severe maladministration finding help in a disrepair claim?

A Housing Ombudsman finding is not a court judgment and does not determine the outcome of a civil disrepair claim. However, a severe maladministration finding documenting the landlord's failures over time and its inadequate responses can be useful evidence supporting the timeline of a disrepair claim. It demonstrates that the landlord had notice of the problem and failed to act over a sustained period.

If you have already obtained an Ombudsman finding and are considering a disrepair claim, the documents relating to the Ombudsman investigation, including the case decision, should be preserved.

Who can use the Housing Ombudsman?

The Housing Ombudsman deals with complaints about social housing landlords, local councils, housing associations, and arm's-length management organisations. Private tenants who rent from private landlords do not have access to the Housing Ombudsman. Private tenants must use other routes including environmental health, the courts, or legal action through a housing disrepair solicitor.

The Complaint Handling Code

The Housing Ombudsman's Complaint Handling Code requires social landlords to have a two-stage complaint process and to respond within defined timeframes. Failures to comply with the Code can themselves form part of a maladministration finding. Residents should use the formal complaint process before approaching the Ombudsman and should keep records of every stage.

When should I contact Support for Tenants?

If you rent from a social landlord and your home has disrepair that has not been addressed, we can advise on your options, including whether a disrepair claim alongside or following an Ombudsman investigation is appropriate.

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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