Local Authority-Leak Failure To Repair Compensation Claims Court? Ombudsman?

robinbells

Hello,

I'm hoping I can get some insight on my current situation with my Local Authority

I've been a Council tenant since 2006 (my agreement is secured) - the property is a house flat; I'm on the ground with a tenant above and below me

In Oct 2008 on returning from work my living room had sprung a leak from the drop down/ boxed in area of the ceiling - was reported to the repairs team, plumbers & surveyors came out took a look and I was told it was fixed.

In Oct 2012 again on returning home from work the leak had happened again and again plumbers and surveyors came out

The Council had said that the cause was the tenants washing machine upstairs not connected properly and the plumber rectified the leak upstairs/ flushed out the pipes

In a series of letters back & forth mainly with my concern that the same place had leaked twice I enquired as to how they fixed it the 1st time (2008) and how they've gone about fixing it this time round. They were and have been very reluctant to open the drop down ceiling box where the water penetrated. Saying it was not necessary

At one point they said that the leak was caused by the front canopy roof - that was not the case on my investigation as the front canopy roof covered the bay front window only

In the end I done a Subject Access Request (Data Protection) and a Freedom Of Information request to see what info is held in regards to all repairs on the flat

My paperwork received showed that their internal systems contradicted what I was in fact told about the repair of the leak. There was no actual evidence or a logging of a repair job to stipulate that the leak source was found and remedied. I actually found a job logged saying 'source of leak unknown'

I believe that 1. The Council is stalling on fully carrying out the repairs to the property (due to possibly cost and inconvenience)

2. That the 2008 issue was in fact never remedied and instead left open to abuse as so it leaked again 2013. They had not even patched up the ceiling from the 2008 leak

They have continued in letters to refuse and acknowledge any wrong doing instead repeating that I was told 'X,Y & Z' by the Housing Repair team

I mistakenly wrote a 'letter before court action' documenting everything from 2008 till this year (when they finally repaired the ceiling Feb 2013) showing all evidence collated that what they have presented to me is in fact false

Having re-read the Councils Complaints Guide I am within my right to ask the Chief Exec to investigate - thing is do I initiate Stage 3? As the Council have always kept my letters at Stage 2 and where its carried over from Oct 2012 to now. They still insist in calling the letters 'Stage 2 - Follow On'. As if to prevent me from taking it further

An idea of mine was to Subject Access Request or/ and F.O.I the external contractors used - KIERS, as they submit the work back to the Council on inspection and the Council gives it the OK or not. I am convinced that there is a job that the Council refused Kiers to undertake

My help needed there is to what is the best question to ask so that I fully cover myself as there is a £10 charge I want to ensure that I get it right

I have a catalogue of evidence/ information collected - photo's 2008 & 2012, video taken of the water cleanup (2013), video footage taken when it leaked again and a list of missed appointments which cost me wages

All help is much appreciated

Robin

mart.vader

robinbells wrote: »

Hello,

I'm hoping I can get some insight on my current situation with my Local Authority

I've been a Council tenant since 2006 (my agreement is secured) - the property is a house flat; I'm on the ground with a tenant above and below me

In Oct 2008 on returning from work my living room had sprung a leak from the drop down/ boxed in area of the ceiling - was reported to the repairs team, plumbers & surveyors came out took a look and I was told it was fixed.

In Oct 2012 again on returning home from work the leak had happened again and again plumbers and surveyors came out

The Council had said that the cause was the tenants washing machine upstairs not connected properly and the plumber rectified the leak upstairs/ flushed out the pipes

In a series of letters back & forth mainly with my concern that the same place had leaked twice I enquired as to how they fixed it the 1st time (2008) and how they've gone about fixing it this time round. They were and have been very reluctant to open the drop down ceiling box where the water penetrated. Saying it was not necessary

At one point they said that the leak was caused by the front canopy roof - that was not the case on my investigation as the front canopy roof covered the bay front window only

In the end I done a Subject Access Request (Data Protection) and a Freedom Of Information request to see what info is held in regards to all repairs on the flat

My paperwork received showed that their internal systems contradicted what I was in fact told about the repair of the leak. There was no actual evidence or a logging of a repair job to stipulate that the leak source was found and remedied. I actually found a job logged saying 'source of leak unknown'

I believe that 1. The Council is stalling on fully carrying out the repairs to the property (due to possibly cost and inconvenience)

2. That the 2008 issue was in fact never remedied and instead left open to abuse as so it leaked again 2013. They had not even patched up the ceiling from the 2008 leak

They have continued in letters to refuse and acknowledge any wrong doing instead repeating that I was told 'X,Y & Z' by the Housing Repair team

I mistakenly wrote a 'letter before court action' documenting everything from 2008 till this year (when they finally repaired the ceiling Feb 2013) showing all evidence collated that what they have presented to me is in fact false

Having re-read the Councils Complaints Guide I am within my right to ask the Chief Exec to investigate - thing is do I initiate Stage 3? As the Council have always kept my letters at Stage 2 and where its carried over from Oct 2012 to now. They still insist in calling the letters 'Stage 2 - Follow On'. As if to prevent me from taking it further

An idea of mine was to Subject Access Request or/ and F.O.I the external contractors used - KIERS, as they submit the work back to the Council on inspection and the Council gives it the OK or not. I am convinced that there is a job that the Council refused Kiers to undertake

You can't FOI a private company

My help needed there is to what is the best question to ask so that I fully cover myself as there is a £10 charge I want to ensure that I get it right

I have a catalogue of evidence/ information collected - photo's 2008 & 2012, video taken of the water cleanup (2013), video footage taken when it leaked again and a list of missed appointments which cost me wages

All help is much appreciated

Robin

You can't FOI a private company. Only Subject Access Request them.

The Local Government Ombudsman will not get involved as they aren't allowed to, (and don't want to ) in cases where you have, or could have taken legal action, or where there is an "alternative remedy". So that covers almost every possible scenario. Hard to understand why they are paid their salary every month, isn't it ?

I have had this conversation with the LGO. In short, they mucked about for a year, and then said, "We're not going to do anything"

You can ask the Chief exec to investigate, if you want. No guarantee that he will though.

I made a formal complaint to the council where I have the misfortune to live. Chief exec's secretary said they can't consider any matter that has been considered by a court. I asked in an FOI, where in their Constitution or Code of Practice or Customer Service Standards, this rule was to be found. They couldn't tell me, so after six months, the Chief exec looked at my complaint, decided that council had done nothing wrong, and that was that !

Sorry to seem so down-beat, but I have been trying to get the council to compensate me for their criminal actions for about six years, now.

Good Luck with your complaint !

robinbells

I wasn't too sure whether it would be the FOI or SAR thanks I think my best course of action is the SAR to Kiers -> request the Cheif Exec to investigate at Stage 3 -> and then Omsbudsman -> last resort County Claims(?)The Council have not been so forthcoming, I had to do the SAR twice as they missed out correspondance the 1st time that I know took placeI just think how can they be so ignorant?! The SAR and FOI showed that all the jobs logged for my flat had no jobs done in regards to the leak at all, then they've told me it was fixed verbally and in seperate letters. They've been blatantly lying, surely if it was to go to the/ a claims court on the basis of my evidence provided by the SAR & FOI the Council would then be in breach of the Act's if they were to produce evidence to counter my claim

thanks!

mart.vader

It's hard to believe, so I'll repeat it:

The Ombudsman will not get involved in cases where you have, or could have (or might) take legal action, or where there is an "alternative remedy". i.e. if you could take court action, then you can't go to the Ombudsman !

Edit: Oh, and the Information Commissioner will not take legal action against the council, even if they have blatantly lied their way through the FOI and SAR requests. The ICO just don't have time. At Best, they might issue an adverse decision notice. (A slap on the wrist)

http://www.ico.org.uk/enforcement/decision_notices

robinbells

Thanks. ICO & the Ombudsman aside - Should I want/ have to persue this via court action for the very reason that the Council failed to repair the property and then failed to repair within their SLA period leaving the disrepair open to further disrepair. I've then asked them to provide evidence of the repair being fixed from the 1st leak in 2008 and then the 2nd leak in 2012. Having provided me all of their data held on the subject it showed to me that there was no repair at any time. What the data received showed contradicted what they had told at the time of each leak - it was fixed.

My point is a court should surely not favour the Council then producing evidence to back up their verbals when I'd asked for it previous(?)