A recent Ombudsman investigation has highlighted local councils’ duties to investigate disrepair concerns in private rented accommodation.

A woman complained to the Local Government and Social Care Ombudsman (LGSCO) about the way Worcester City Council handled a complaint about disrepair issues in her rented flat.

The council found both category 1 and 2 hazards when it investigated her concerns: its report found excessive damp and mould, and a heating system that was not controllable by the occupants. It also found issues with the electrical system, which was old and had also been affected by the damp.

The woman had to move out of the flat for seven months while remedial work took place. The Ombudsman’s investigation found the council did not take formal action against the woman’s landlord when it discovered the category 1 hazards, as required by law, and when it did contact the landlord, its email missed out vital information.

The ombudsman investigation also found the council failed to keep tabs on the ongoing work at the flat and also did not keep the woman updated on the situation.

Paul Najsarek, Local Government and Social Care Ombudsman, said:

“This case highlights that poor living conditions do not just affect people living in social housing, as we have seen recently in the news; it can impact many people living in the private rented sector too.

“The woman has told me it has been devastating living as she has: her physical and mental health have suffered and she has also suffered financial loss, not only because of damage to her belongings, but from malfunctioning energy pre-payment meters which she believes has been caused by the damp.

“For many people in rented accommodation, it’s often not a simple question of just moving to a better place – in many areas there is a lack of suitable, affordable alternatives. But equally people should not have to move out of their homes for prolonged periods to ensure that their homes meet the minimum standards of safety.

“I am pleased Worcester City Council has agreed to review its procedure to ensure it is now compliant with the law.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the woman and provide her with an update on its enforcement action. It will also pay the woman £500.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will amend its investigation procedure to ensure it takes formal enforcement action upon finding a category 1 hazard, in line with the law.

It will also train staff responsible for housing disrepair complaints in line with the new process.

While the Housing Ombudsman investigates complaints from council tenants about disrepair, the LGSCO can investigate complaints from private tenants where councils have not properly used their enforcement powers under Environmental Health and Safety legislation to compel a landlord to make the required improvements.

Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-05/cp230078en.pdf

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PRESS RELEASE No 78/23

Luxembourg, 11 May 2023

Judgment of the Court in Joined Cases C-156/22 to C-158/22 | TAP Portugal (Death of the co-pilot)

The cancellation of a flight due to the unexpected death of the co-pilot does not exempt the airline from its obligation to compensate passengers Such a death, whilst tragic, does not amount to an ’extraordinary circumstance’ but is, like any unexpected illness which may affect a crew member whose presence is essential, inherent in the normal exercise of the activity of the airline On 17 July 2019, TAP Portugal was to operate a flight at 6.05 from Stuttgart (Germany) to Lisbon (Portugal). On the same day, at 4.15, the co-pilot of the flight in question was found dead in his hotel bed. Shocked by that event, the whole crew declared itself unfit to fly so that the flight was cancelled. A replacement crew left Lisbon at 11.25 and arrived in Stuttgart at 15.20. Next, the passengers were transported to Lisbon on a replacement flight scheduled at 16.40. Certain passengers of the cancelled flight assigned their rights arising from that cancellation to companies which provide legal assistance to air passengers. TAP refused to pay those companies the compensation provided for in the Air Passengers Rights Regulation, 1 claiming that the unexpected death of the co-pilot was an extraordinary circumstance which exempts the air carrier from its obligation to pay compensation. The Stuttgart Regional Court, before which the case was brought, asks the Court of Justice to interpret the Regulation.

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Wie man Zugangshürden für Menschen mit Behinderungen abmildern kann, fasste der Verein „Miteinander“ e.V. in einer Broschüre zusammen.

Am 9. Mai 2023 führte der Thüringer Bürgerbeauftragte, Dr. Kurt Herzberg, seinen jährlichen Sprechtag im Landratsamt Sonneberg durch. In diesem Rahmen übergab der Verein „Miteinander“ e.V. – ein Verein für systemische Sozialarbeit aus Neuhaus am Rennweg – dem amtierenden Landrat, Jürgen Köpper, sowie der Leiterin des Amtes für Teilhabe und Soziales, Antje Rebhan, im Beisein von Dr. Herzberg den „Barriere-Checker“. Die Broschüre gibt öffentlichen Einrichtungen Handlungsempfehlungen, wie man Zugangshürden für Menschen mit Behinderungen abmildern und ihnen dadurch mehr Teilhabe ermöglichen kann. Zuvor hatte der Verein im Landkreis Sonneberg eine Umfrage zur Sache unter Menschen mit Behinderungen gemacht. Sowohl Jürgen Köpper als auch Dr. Kurt Herzberg dankten dem Verein für ihre wertvolle Initiative für mehr Inklusion. Der „Barriere-Checker“ liegt unter anderem im Landratsamt Sonneberg für Interessierte aus. Sie können die Broschüre auch hier herunterladen. 

Council of Europe Commissioner for Human Rights Dunja Mijatović published today the report on her visit to Spain carried out in November 2022, with recommendations on social rights, in particular the right to housing and the right to health, the freedoms of expression and assembly and the human rights of refugees, asylum seekers and migrants.

“Despite the significant efforts to advance the protection of social rights in recent years, people experience persisting inequalities in realising their social rights depending on where they live ”, says the Commissioner, calling for the transparent and sustainable allocation of resources and the adoption of common standards, in close co-operation with all competent authorities at central and local levels and in consultation with civil society, to ensure that the specific needs of the most vulnerable are met.

She underscores the need to urgently address structural issues hindering access to adequate housing such as low social housing stock, high costs of renting or buying a home, forced evictions and rising levels of homelessness. “Housing should not be treated as a commodity only available to some people. Access to adequate housing is a human right central to the full enjoyment of most other rights”, the Commissioner says. She highlights the importance of adopting the housing bill, currently in Parliament, as soon as possible as it aims to address some of these concerns.

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The Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon, met with European Ombudsman, Emily O’Reilly, to discuss further collaboration within the European Network of Ombudsman with particular attention to good administration.

Judge Emeritus Joseph Zammit McKeon emphasised that his top priority is to bringing the office closer to the people and improving relations with public administration during complaint investigations. He shared plans for initiatives aimed at enhancing public awareness and understanding the importance of the Ombudsman’s role.

EU Ombudsman Emily O’Reilly highlighted the importance of the European Network of Ombudsman in promoting good administration across member countries.

Both Ombudsmen reaffirmed their commitment to improving good administration at the European and national levels.

By sharing best practices, experiences, and learning from each other, members of the European Network of Ombudsman aim to strengthen their institutions, contributing to a more responsive and inclusive system of governance that serves the best interests of all people.