Highland housing association told to apologise to family so ‘overwhelmed’ by anti-social behaviour they felt their only remaining option was to move away
A housing association has been ordered to apologise over its failure to tackle anti-social behaviour that left a family feeling they had no choice but to leave their home.
The Scottish Public Services Ombudsman (SPSO) has ruled that Albyn Housing Society "did not take reasonable action" after one of its tenants repeatedly complained that they were being "overwhelmed" by cannabis smoke and smell from a neighbouring property that is also run by the association.
They said that despite numerous complaints to Albyn Housing Society, the neighbours' anti-social behaviour kept re-occurring, to the "deterioration in [the tenant] and their family's respiratory health" and they ultimately "felt they had no option but to end their tenancy" and raise their complaints with the ombudsman.
And Albyn, which is headquartered in Invergordon and has a second office in Inverness, has now been told to apologise to the tenants and take actions to ensure its future response to reports of anti-social behaviour are in line with its policies and procedures.
The SPSO began investigating the complaint after a tenant, referred to only as 'C', said the association had failed to "respond reasonably" to their concerns, which had been raised over several months.
SPSO explained: "The anti-social behaviour related to an overwhelming and pervading smoke and smell as a result of the neighbouring family’s cannabis smoking.
"The association reported having visited the family and the volume and frequency of smoke and smell reduced.
"Over the next several months, C made three further reports of the same anti-social behaviour recurring, including reporting deterioration in their own and their family’s respiratory health.
"On each occasion the association reported visiting, or attempting to visit, the neighbouring family it resulted in temporary reductions in the volume and frequency of smoke and smell.
"When C complained that the association had not responded reasonably to the reports, the association’s response indicated that they considered that they had taken reasonable action.
"C felt that they had no option but to end their tenancy and raised their complaints with SPSO."
Making its ruling, the SPSO said: "We found that the association did not progress matters in line with a number of parts of their anti-social behaviour procedure regarding administration, categorisation and investigation of reports of anti-social behaviour, subsequent review of progress, consideration of possible solutions to the reported anti-social behaviour, or taking into account how the situation had developed over a number of months.
"The association did not explain to C that evidence and corroboration was required to enable them to take action, and they did not follow through with their belated requests that C keep a log of dates and times when issues arose.
"The association also failed to keep reasonable records of the actions that they did take or pursue and fulfil actions they indicated they intended to take."
It has told Albyn Housing Society to apologise to C, and added that it needed to take measures to ensure its actions in response to reports of anti-social behaviour are "in line with their anti-social behaviour procedure, including actions being reasonably or consistently recorded and reasonably considered including consideration of progression within the anti-social behaviour procedure when further reports about the same matters are made".
SPSO has also asked Albyn Housing Society to provide it with evidence that it has implemented both recommendations.
A spokesperson for Albyn Housing Society, said: “We cannot comment on individual cases, but we respect the decision of the SPSO and have fully complied with their recommendations. Albyn Housing Society recently redesigned our customer service approach to better serve our tenants.
“This has led to a significant increase in customer satisfaction. We are always keen to continue to improve, including working with our partners in tackling anti-social behaviour across the Highlands.”
