Gove dubbed ‘naive’ after urging lawyers to refer cases to ombudsman

Mr Mullings said the HLPA welcomed the recognition given by Mr Gove to the important work of its members. 

“But your letter joins issue with another threat to access to justice for our clients, namely moves to exclude the majority of people of modest or lesser means from the courts. 

“A variety of government and non-government institutions have put forward and continue to develop proposals that seek to divert disputants whose claims are deemed to be of lower value away from a determination by the courts and rule of law,” he said. 

Mr Mullings said that the HLPA has been impressed with the ombudsman’s focus on the poor performance of landlords and the “recognition within the service that a dangerous and sometimes racist culture of denial and victim-blaming has grown up among landlords”.

“Nevertheless, Awaab died while the [Housing Ombudsman Service] had all the powers and broadly all the resources it has now. We are not aware of significant extra resources being deployed.

“The HOS’s efforts in this arena are focused around bringing about a culture shift in the provider sector rather than redress for tenants. 

“Respectfully, it is naive to think that the HOS has the capacity to investigate and seek a remedy for every case of dangerous damp and mould that you are calling to be referred,” he said. 

He said that poor housing conditions are dangerous and at many times need an urgent remedy, but that the ombudsman directs tenants to their social landlord’s complaints process first. 

“A social housing sector that has been found to have been asleep at the wheel for decades must mark its own homework before any independent scrutiny from the HOS can be considered,” Mr Mullings said. 

He added that those timescales are “too long” for urgent cases, with the ombudsman taking around 12 months to deal with complaints.

Mr Mullings cited Giles Peaker, partner at Anthony Gold, who estimates that the watchdog awards around 25% “of what the courts, informed by case law, consider is reasonable”. 

He also said that the ombudsman will not take a complaint if there is any legal action under way, “but it also says it cannot compel a landlord to carry out repairs”.

“Therefore, housing lawyers are being asked to advise people who need legal redress, many times urgently, to forego that legal redress and bring a complaint, first through the housing provider’s complaints procedure and then to the HOS,” Mr Mullings said. 

He added that such advice would be “negligent”. 

Mr Mullings said: “Letting accommodation that is unfit for human habitation is against the law. The law needs to intervene in cases where it occurs.”

He said that the ombudsman has a valuable role to play in changing the culture of social landlords. 

“But unless tenants can get full legal redress with timely remedies for urgent, dangerous problems and proper damages awards calculated in a predictable and reasoned way, using the legislation that is on the statute books right now, then they are left legally disenfranchised and we will continue to see housing conditions cause misery, injury and, I fear, the worst of all consequences,” he said. 

A Department for Levelling Up, Housing and Communities spokesperson said: “The Housing Ombudsman provides tenants with a vital, fair and independent service – resolving complaints for free, which may avoid lengthy and costly legal proceedings.

“Our Social Housing (Regulation) Bill will support justice for tenants, making sure their voices are heard and their issues dealt with quickly and fairly.

“It includes strengthening the Housing Ombudsman, with new powers and resources to help it step in when landlords fail to act.”

The Housing Ombudsman declined to comment.