London family get £2k after newborn baby living in damp and mouldy Westminster home for 2 years

Jun 25, 2023

An investigation found it to be a case of "severe maladministration"

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Westminster Council has been forced to pay out more than £2,000 in compensation after it left a resident in a damp and mouldy flat for over two years. The resident raised concerns about the impact the conditions would have on the health of their four-month-old baby.

As the landlord for the property, Westminster Council failed to fix the damp and mould in the kitchen, bathroom, and hallway, which dated back to September 2019. An investigation by the housing ombudsman found the council guilty of “severe maladministration”.

When the council first visited the property, it was noted that there was damage to a number of walls and ongoing leaks so specialist ventilation would be arranged. However, the repairs were not completed due to the workman having difficulty accessing the property.

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After the resident began legal proceedings, the council carried out a survey to assess the extent of the damp and mould. The report found “significant signs of rising damp” and made a number of recommendations to be completed.

The housing ombudsman stated in its report: “At this point, it would have been reasonable to consider whether a decant would be appropriate as it is imperative residents are not left living with damp and mould for an extended period.”

It was a further four months until temporary accommodation was offered. However, eight months later the council withdrew this option after informing the resident repair works could be carried out while the family lived there.

Whilst there was email evidence of the council trying to arrange appointments with the resident for the work to be carried out and emails from contractors advising that the resident had refused, the investigation found that the council “could have also done more to communicate with the resident”.

By the time the investigation had concluded in 2021, some of the work had still not been completed and there were no dates scheduled to get them fixed, meaning the resident had been living in the home with the issues for more than two years.

The council has subsequently been ordered to apologise and made to pay the resident £2,300 in compensation. It was also forced to carry out a senior management review.

The Housing Ombudsman, Richard Blakeway, said: “There were excessive delays in the landlord progressing the works to remedy the rising damp that cannot be fully justified by issues with access.

“The landlord failed to evidence that it had taken into account the individual circumstances of the resident either in respect of its handling of the repairs or in its decision to refuse to decant the resident and her son. The landlord also failed to recognise, given the age of the resident’s son, the risk of detrimental impact on his health and well-being.”

He added: “After the tragic case of Awaab Ishak, there is a need for landlords to ensure they know their residents and understand the individual circumstances in order to deal appropriately with any issues."

The council has said that changes have already been made to improve the complaints process, including to the procedures for supporting residents, holding more information about vulnerable residents, and reviewing staff and contractor training.

A Westminster City Council spokesperson said: “We accept the decision by the Housing Ombudsman Service regarding this case which dates back to January 2021. This determination has been used to add more momentum to our drive for continuous improvement regarding complaint handling and is supported by our new complaints management structure.”

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