Housing Ombudsman finds 'severe maladministration' by Camden

The authority was named and shamed in a report on recent cases of “severe maladministration”.

Camden has twice been ordered to pay compensation this year to residents of the Chalcots estate, Belsize Park, over new windows it is installing on their tower blocks.

The Ham&High reported earlier this month that the council had been criticised for withholding information during a consultation.

Independent tests found many of the proposed window designs would cause overheating unless they were left open so wide that the council’s own guidance said they would be unsafe for children.

But Camden omitted the data column containing the overheating failures when it reproduced the test results on resident consultation documents.

Tenant representatives obtained the unedited results and put up posters warning residents – but the council tore them down and circulated a letter branding them “misinformation”.

“The guide it provided to residents was inconsistent with some of the risk assessments undertaken prior to the fitting of the windows,” the ombudsman’s latest report said.

It added: “The landlord is currently subject to a wider investigation by the ombudsman into its handling of complaints.”

The report said window-related complaints were “increasingly of concern to the ombudsman”.

“Every year, it is estimated that more than 4,000 children aged 15 years or younger, living in all tenures, are injured following an incident with a window,” it said.

“This may not involve disrepair or design concerns but where those issues are present the risks are potentially greater.”

One problem, it said, was “landlord staff following processes that have lost sight of the person… By focusing on the building rather than the individuals living within it, landlords risk overlooking their legal obligations.”

Camden’s installation of new windows on the Chalcots estate was highlighted in the report as an example of bad practice.

The council has been ordered to pay £600 to compensate two residents for the “time and trouble” it took them to pursue their successful complaints.

The report found “flaws in the way the landlord communicated with residents”, pursuing a “high risk strategy” that placed the onus on tenants to figure out how to safely use the new windows.

One of the successful complainants, Anthony Royle, lives in Bray block. He complained that the council still refused to accept any errors, even after the ombudsman's findings (Image: Archant)

The new Chalcots windows have two opening settings – one to 10cm and one to 30cm – each activated by a separate key.

Independent tests found all 14 bedroom window designs failed overheating tests unless left open to 30cm.

Camden failed to inform parents of these findings, yet simultaneously advised them not to leave children in rooms with windows open to 30cm.

“This window design impacted hundreds of residents, and the ombudsman made an order for the landlord to review its strategy for training, instruction, and the use of the window key and look at how it carries out risk assessments,” the report said.

“When installing new windows, landlords must be sure there is a sufficient risk assessment undertaken and where that shows significant risks, they are mitigated where possible.

“When replacements impact hundreds of households, with varying lives and expertise, landlords should ensure the information and training provided to them is thorough but accessible.”

Councillor Sagal Abdi-Wali, cabinet member for better homes, said the council had “extensively engaged with residents”, insisting the new windows were “safe and easy to use” and “perform better than the old windows”.

“We have apologised to residents for the delay in providing risk assessments and training to fully open the new windows, and the ombudsman is aware of this,” she said.

“The ombudsman seems not to recognise the years of in-depth and wide-ranging engagement we have done with residents, and the specifics of the information we provided on risk assessments.

“We’ve been criticised for failing to provide risk assessments and training for a second restrictor key to open windows to 90 degrees.

“These second keys are not issued until risk assessments and training have taken place. We are doing what we said we would do – it’s safe and reasonable practice – and we feel it hasn’t been well represented in this report.”

The ombudsman responded to the council saying: “We are engaging with the landlord regularly through our special investigation report process and will continue to do so over case matters. We are encouraged by the landlord taking forward our orders made in the reports mentioned”.