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Welsh ombudsman names three landlords in latest accessibility report
The Public Services Ombudsman for Wales (PSOW) has highlighted cases where public bodies, including three landlords, have failed to make reasonable adjustments for people with specific needs.
Its latest report, titled Equality Matters, explores the challenges people in Wales have faced when accessing public services. It draws on cases closed between April 2023 and September 2024.
In one case, it said that a resident of Hafod, identified as Miss C, complained the housing association had failed to carry out its policy on anti-social behaviour (ASB) complaints and had not taken her disability into account.
The PSOW found that Hafod “had not always acted in accordance with its ASB policy and procedure, or indeed best practice, as set out by the Welsh government”, which added to Miss C’s distress.
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It also found communication with Miss C could have been more effective, that responses from Hafod were at times inaccurate and there were “missed opportunities” for the landlord to consider reasonable adjustments at an early stage.
“Had timely enquiries been made about reasonable adjustments, this might have given the housing association a better understanding at an earlier stage about the effect of the noise and parking on Miss C, given her brain tumour diagnosis.”
A spokesperson for Hafod said: "We always seek to provide a great service to our customers, and we have taken Miss C’s complaint very seriously. We are committed to learning from it to ensure our customers receive the support they need from us, especially during difficult circumstances such as these.
"Since Miss C’s complaint, we have made changes to our ASB procedure and all recommendations given to us from the ombudsman have been adhered to. Within Hafod’s updated procedure, we have highlighted our responsibilities under the Equality Act 2010, including that we make reasonable adjustments for customers who have protected characteristics.”
Another resident complained to the ombudsman that Bron Afon had declined to fund works to adapt her home so her disabled daughter could remain living there.
Ms J said she was concerned her family had not been given a “reasonable opportunity to directly make its case” to Bron Afon’s adaptations panel.
The PSOW, however, found evidence that “the family’s wishes had been fully considered as part of the panel’s decision-making process and were not ‘disregarded’”.
Bron Afon “appeared to have evaluated what options would be cost-effective and appropriate, in relation to their wider housing stock, and did so in line with its policy and guidance”.
The watchdog did find that Bron Afon should update its criteria and guidance around reasonable adjustments, which were outdated.
Alan Brunt, chief executive of Bron Afon, said: “We welcomed the findings of the ombudsman in this case.
“Our aim is to always listen and work with our customers to find the best outcome, and to be clear about what we can and cannot do, so that customers understand our decision-making.
“We fully accepted the recommendation to ensure our criteria and guidance is updated in line with current and relevant legislation. Our policy aligns with Torfaen Council’s criteria and guidance for the provision of adaptations to the homes of people with a disability, and we are proactively working with them on their review of the criteria to help drive improvements in meeting the equality needs of our customers.”
The ombudsman’s report also found that Cardiff Council may have “failed to pay due regard to the need to take positive steps” to remove communication barriers for one resident, Ms I, which caused her “unnecessary stress”.
It resolved the situation by writing to Ms I to confirm reasonable adjustments for communication and allocate a new housing officer.
A council spokesperson said: “Cardiff Council is committed to meeting the equality needs of our residents and customers.
“In this case, the complaint to the ombudsman was resolved without investigation, following our agreement to write to the tenant to confirm reasonable adjustments to how we communicated with them, alongside the allocation of a new housing officer and the installation of fly screens at her home.
“We can confirm that all of these actions were taken and put in place in 2023.”
The watchdog said: “While we do not determine breaches of human rights or equality duties, our findings highlight areas where equality and fairness can be strengthened.”
The report recommended that public bodies in Wales should encourage staff to be “person-centred in their consideration of the needs of the people they provide a service to” and feel empowered when deciding how to make reasonable adjustments.
It added that staff should “document the considerations and decisions they have made discharging their duties to make reasonable adjustments under the Equality Act”.
The PSOW recently announced it would reissue its first release of complaints data for landlords after concern in the sector about its accuracy.
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