Minister Michael Gove writes to Torus over 'mould complaint failure'

In January, the Housing Ombudsman made two findings of “severe maladministration” after Torus had failed to respond to mould reports and poorly handled the associated complaint, resulting in the resident’s distress and reports of physical and mental health deteriorating.

It is understood the failings related to a property in Warrington. Torus is a prominent housing group in the area, with its heartlands encompassing St Helens, Warrington and also Liverpool following a merger with Liverpool Mutual Homes in 2019.

Torus' base in St Helens on Corporation Street (Image: Google Street View)

What were the Ombudsman's findings?

An investigation by the Ombudsman found “excessive delays” in the landlord progressing the works to remedy the damp and mould issue, which did not start until nearly nine months after the issue was first reported.

When damp had progressed through the property, Torus failed to replace the resident’s bed quickly, leading to the resident sleeping on the floor for at least three months.

It was added the landlord “claimed it cancelled the order for repair works after three failed attempts to gain access to the property, but there is not enough evidence to support this claim.

Also, it “did not record any consideration of decanting the resident from their home, despite the evident distress and inconvenience for the resident”.

It was found that “communication was poor throughout, and the landlord frequently failed to communicate its plans with the resident and left him to call to obtain updates”.

Also, the landlord also "did not apply its complaints process" and treated the resident’s initial complaint as being at an "informal stage, causing further delays in responding to the complaints and failing to acknowledge the landlord’s failings".

There were also delays in responding to his stage one and two complaints and those responses did not fully acknowledge the landlord’s failings in addressing the issues raised repeatedly by the resident.

It was added the response to inquiries made by the resident’s MP also failed to fully acknowledge the seriousness of the situation and the landlord further wrongly instructed the resident that he would have to wait for eight weeks before he could take his complaint to this Ombudsman when changes to the law meant that restriction no longer applied.

The Ombudsman ordered the landlord to pay the resident a total of £2,900 in compensation and provide an apology to the resident from the chief executive.

 A senior management review of the case was also ordered, with a particular emphasis on how the landlord responds to decant requests.

On March 22, Secretary of State for Levelling Up, Housing and Communities, wrote to Torus CEO Steve Coffey in light of the findings.

Torus CEO Steve Coffey (Image: Stock)

In the correspondence published on the government website, Mr Gove said: “Despite the scale of the problem, you did not start works until an extraordinary long time had passed - nine months after the initial complaint was made.

“You also wrongly advised him that he would have to wait eight weeks before he could take his complaint to the Housing Ombudsman. This is simply unacceptable. The Government’s new guidance on damp and mould makes landlords’ responsibilities clear - you must take residents’ concerns about health and safety seriously”.

The letter made reference to Awaab’s Law, introduced in the Social Housing Regulation Act 2023, which requires landlords to investigate and fix reported health hazards within specified timeframes.

Mr Gove added: “I understand that you have made some changes, including strengthening your approach to complaints, introducing briefings, improving accountability, recruiting a new team, and updating your approach to damp and mould.

“I expect these changes to have a real effect and improve the service you deliver. I hope you will take all necessary steps to give your residents confidence that you will act when they raise concerns with you”.

When asked Torus for a comment on the matter, a spokesman referred the Star to a learning statement the housing association had provided following the Ombudsman’s findings.

Torus: 'This case has provided many lessons'

Torus’ learning statement read: “This case occurred almost two years ago and has provided Torus with many lessons on how to ensure that the shortcomings are not repeated. We have been proactive and robust in our response and the changes we needed to make.

"In response to the recommendations, we have:

• Strengthened our approach to complaints by creating a large specialist team to improve complaints handling, learning and the Tenant Voice.
• Ensured tenants are now offered alternative accommodation (decants) at an early stage in the process to ensure they are not left living in unsatisfactory conditions, particularly if there is a requirement for significant and intrusive works.
• Introduced regular briefings and Learning Circle events improving responsibility and accountability and driving service improvement.
• Recruited a new team and updated our approach to the management of Disrepair and Damp and Mould ensuring all cases are now monitored daily and that responses are tracked.

“A comprehensive 24-point action plan spanning Culture and Behaviour, Assets Practice, Communication, Systems and Processes, Complaints Handling, Contract Management and Housing Practice is overseen by Torus’s Landlord Operations Committee and the Board. All actions are either delivered or on track.

“This work will provide our tenants and leaseholders with the high-quality services and safe and secure homes they expect and deserve.”