Public interest report: Trivallis (202405250)

This report is issued under s.23 of the Public Services Ombudsman (Wales) Act 2019.

We have taken steps to protect the identity of the complainant and others, as far as possible. The name of the complainant and others have also been changed.

Mrs C complained about whether Trivallis (“the Association”) responded appropriately to reports of damp and mould made by her between November 2023 and the present time.

The investigation found that the Association did not always respond appropriately to reports of damp and mould. Reports of issues in Mrs C’s home were not always acted on promptly or line with relevant policies.

Surveys have identified moisture in the same area of Mrs C’s home but the Association has yet to definitively establish the cause. The way the Association communicated with Mrs C was also not always appropriate and I have seen no evidence that the Association considered the needs of disabled children living in Mrs C’s home when responding to reports of damp and mould.

The Ombudsman was concerned that the failings identified in this case may be systemic, with opportunities missed to identify the issues in Mrs C’s home. The failings identified in this case, particularly in relation to repair requests from vulnerable people, are ones from which other organisations can learn.

The Ombudsman made a number of recommendations which the Association accepted.

Within 1 month:

a) Provide evidence that the Association has acknowledged and apologised to Mrs C for the failings identified in this report.

b) Provide evidence that the Association has offered Mrs C a financial redress payment of £840. This includes £500 for the cost of a mattress, clothes and toys Mrs C has had to dispose of, £40 for the survey she arranged and £300 for the distress caused to her by the failings identified in this report.

c) After the next period of significant wet weather or when the tenant next reports any evidence of damp on the wall, to remove the plasterboard in the area where moisture has been recorded and undertake a full inspection of the wall. A copy of this inspection should be shared with Mrs C and this office.

Within 3 months:

d) Carry out any works determined as necessary as a result of the inspection of the wall.

e) Ensure all relevant staff receive training to identify and respond appropriately to vulnerable customers.

f) Ensure that a scenario based training programme is delivered to all relevant staff to ensure that lessons are learned from this case and staff take account of individual circumstances where prioritising repairs.

g) Develop a process to ensure that when a complaint of damp and mould is received, information gathered from sensors in properties belonging to the Association is regularly, analysed and reported accurately.

h) Share a copy of this report with the Association’s Assurance Committee which should oversee and monitor the Association’s compliance with these recommendations.

1. Mrs C complained about whether Trivallis (“the Association”) responded appropriately to reports of damp and mould made by her between November 2023 and the present time.

2. I obtained comments and copies of relevant documents from the Association and considered those in conjunction with the evidence provided by Mrs C. I have not included every detail investigated in this report, but I am satisfied that nothing of significance has been overlooked.

3. Both Mrs C and the Association were given the opportunity to see and comment on a draft of this report before the final version was issued.

4. The Renting Homes (Wales) Act 2016 (“the Act”). Part 4 of the Act places obligations on landlords regarding the condition of the homes that they let. These include ensuring a dwelling is both in repair and fit for human habitation:

• Section 92 of the Act states that a “landlord under a secure contract…must – keep in repair the structure and exterior of the dwelling”.
• Section 97 of the Act states that a landlord’s obligations under Section 92 do not arise until they become aware that repair works are necessary.
• Section 97 also states that a landlord has complied with the obligations of section 92 if it carries out the necessary works or repairs within a reasonable time.

5. Social Housing Conditions and Disrepair: Feedback to Social Landlords (“the Disrepair Feedback”), Welsh Government, February 2022. In relation to disrepair:

• “Think point 2” states that “Social landlords should have processes, systems and a culture of ownership to enable issues to be readily identified and easily escalated to the attention of the right people”.
• “Think point 9” states that “Social landlords should ensure measures are in place to specifically identify and address reported issues with damp and mould”. This should include “investigations/inspections by default, ensuring condensation and its causes are accurately diagnosed, rectifying any defects as promptly as possible and supporting tenants with help and advice”.

6. The Welsh Housing Quality Standard (“the WHQS”) 2023 (last updated in April 2024, implemented 2002) sets out the standards expected for social housing in Wales, against which landlords are measured. This requires homes to be “free from damp”, including persistent condensation. All measures to upgrade the ventilation in a home must be taken, specifically in relation to ensuring adequate ventilation in kitchens and bathrooms. It requires that heating systems should be capable of heating the whole home to a comfortable level. It also states that homes should have adequate facilities to dry clothes.

7. The Association’s Repairs Policy approved 10 October 2023 (“the Repairs Policy”). In a section titled “Timescales for undertaking repairs” the Repairs Policy states that mechanical extractor fans not working would be considered to be an urgent repair which should be completed within 7 working days. Kitchen and bathroom repairs are classified as routine repairs which should be completed within 20 working days. It also states that reasonable timescales for undertaking repairs will depend on factors such as the impact on the contract holder and the members of their household. It does not contain any further guidance on how to assess this impact. In a section titled “Equality, Diversity, and Inclusion Policy” it states that an Equality Impact Assessment was not deemed necessary for the Repairs Policy.

8. Tackling Fuel Poverty 2021 to 2035, Welsh Government, March 2021 (“the Fuel Poverty Strategy”)¹, which defines a satisfactory heating regime for households that contain disabled person as 23 degrees Celsius in the living room and 18 degrees Celsius in other rooms achieved for 16 hours in a 24-hour period. The definition of vulnerable households includes those where occupants are aged under 16 and where occupants have a long-term illness or disability.

9. All public bodies, and other bodies which carry out public functions, must comply with the Human Rights Act 1998, which incorporated the European Convention on Human Rights (“the Convention”) into UK law. Article 8 of the Convention provides individuals with the right to respect for private and family life.

10. The Equality Act 2010 (“the EA”) gives people, with protected characteristics, such as a disability, general protection from discrimination. It defines disabled people as those who have a physical or mental impairment that has a “substantial” and “long term” adverse effect on their ability to do normal daily activities. It also imposes a public sector equality duty (“the equality duty”) on public bodies and other bodies which carry out public functions. The equality duty requires them to have due regard to the need to eliminate conduct prohibited by the EA, to advance equality of opportunity between people who have a protected characteristic and people who do not, and to foster good relations between those individuals. Public bodies and other bodies which carry out public functions must routinely consider each of these equality duty aims when taking decisions, designing policies and delivering services.

11. It is not my function to make definitive findings about whether discrimination has occurred or whether an individual’s human rights have been breached by actions (or inaction). However, I will comment on a public body’s, and other bodies which carry out public functions, regard for human rights and the protection that the Equality Act affords while they are performing their functions when this is a relevant consideration.

¹ Tackling Fuel Poverty 2021 to 2035

12. The Ombudsman’s Principles of Good Administration – issued by my predecessor ², provides guidance for all public bodies in Wales to follow.

• Principle 2 is “Being Customer Focused” by dealing with people helpfully, promptly and sensitively, bearing in mind their individual circumstances.
• Principle 4 is “Acting Fairly and Proportionately” by dealing with people impartially and with respect, ensuring decisions are free from bias and have regard to individual circumstances.
• Principle 5 is “Putting Things Right” by acknowledging mistakes and taking prompt action to put things right.

Public Bodies in Wales must have regard to this guidance when discharging their functions.

13. Living in Disrepair – a thematic report about housing disrepair and damp and mould complaints to PSOW (“the Thematic Report”)³, Public Services Ombudsman for Wales, November 2024 which reported on complaints received regarding damp, mould and poor conditions in social housing. The Thematic Report also considered how housing providers respond to the needs of vulnerable occupants and recommended that repairs be properly prioritised in accordance with published policies. It also recommended that housing providers engage independent surveyors to inspect properties where damp is alleged, coupled with respiratory complaints. Whilst this report had not been published at the time these events relate to, the legislation and guidance it refers to was.

² Principles of Good Administration – Under section 34 of the PSOW Act 2019

³ Living in Disrepair

14. Mrs C lives in a bungalow with family members, including her disabled granddaughters. The property was refurbished and adapted by the Association in 2021 specifically to meet the needs of Mrs C’s granddaughters.

15. On 20 November 2023 Mrs C contacted the Association. She reported that there was black mould in a bedroom of her home which was used by her granddaughter, who has significant medical issues. Mrs C said that her granddaughter’s asthma (a lung condition which causes breathing difficulties) had recently worsened and that she had to dispose of her medical mattress after mould had spread to it.

16. The next day a manager (“the First Manager”) emailed a number of colleagues to make them aware of a post on social media that claimed a medical mattress in Mrs C’s property had been damaged as a result of defects in her home. He said that Mrs C “could be irate and may post publicly misinformation”. In response to a later email regarding Mrs C’s home a senior manager (“the Senior Manager”) wrote “this one’s highly sensitive due to the health of 2 severely disabled children so need to be on guard. She’s already put things over (social media)”.

17. A surveyor (“the First Surveyor”) visited Mrs C’s home on 22 November. In an email to colleagues following that visit, he said that a stain on the wall in a bedroom had been caused by a lack of circulation due to a bed being up against it. He arranged for the wall to be washed in early January 2024. A small reading of water at skirting board level was found, so he proposed a further inspection using a borescope (an instrument for inspecting the inside of cavity walls). He also noted that an opening above the bathroom door required for a track hoist would allow moist air to migrate through Mrs C’s home, and suggested that a larger extractor fan in the bathroom may be needed.

18. On 27 November another surveyor (“the Second Surveyor”) attended Mrs C’s home. He reported that insulation in the cavity wall of the bedroom was showing darker in some areas than others, indicating that there was possibly moisture in the cavity. In the areas where he had drilled inspection holes the wall was dry, as was the dust and black mortar. Under a section of the report headed “Observation” it is recorded that moisture migrating from the bathroom could cause condensation in the bedroom. Photographs taken at that time show an area of staining to the wall above a skirting board. He also noted that fascia vents in the roof (which allow air to flow in and out of roof space, helping to regulate temperature and moisture) had a damp proof course fitted over them.

19. In an email responding to this report a senior surveyor (“the Senior Surveyor”) concluded that there was no water ingress and that the issue with mould was caused by moist air coming from the bathroom. He said there was a need for adequate ventilation and possibly work to reduce moisture migration from the bathroom by fitting something over the opening required for the track hoist.

20. On 20 December the Association wrote to Mrs C and said that “we have identified the source of the problem and taken necessary steps to address it”. It said that an inspection had found the wall to be dry with no sign of damp. Extra moisture in the air was as a result of the opening required for the track hoist and that a survey would be carried out to install both a mechanical extract ventilation fan and a positive input ventilation system (“PIV” – a system which draws in fresh air from outside and reduces the likelihood of condensation forming). These were subsequently installed in February 2024.

21. On 31 January 2024 a technical surveyor (“the Technical Surveyor”) emailed colleagues including the Senior Manager and the Senior Surveyor. He had attended Mrs C’s home regarding making adaptations for her granddaughters. During the visit he identified several potential problems which he believed could be causing damp in Mrs C’s home. These included vents being covered and issues with the roof felt and guttering. He said that Mrs C’s home also appeared to be inadequately heated and recommended that an evaluation be carried out into the adequacy of the radiators. He also raised concerns regarding a retaining wall (where the external ground level is higher than the internal floor level).

22. The Senior Surveyor replied to this email on 1 February. He said that damp and mould issues had been investigated the previous November and that there was no sign of water ingress. He said that he assumed “development carried out all the necessary checks” in respect of whether heating and radiators in Mrs C’s home met relevant standards.

23. On 11 March Mrs C contacted the Association to request a heating survey be carried out as she was concerned radiators in her home may be undersized. A survey was carried out later that month which found that most of the radiators installed in Mrs C’s home, when it was developed, were undersized. The radiators were replaced in May 2024.

24. On 19 March Mrs C emailed the Senior Manager. She said water damage had re-occurred in the bedroom and that her daughter and granddaughter were unable to use the room as it was having a negative impact on their health. She also said that possessions had been damaged. I have seen no evidence that Mrs C received a response to this email.

25. On 16 April Mrs C sent an email of complaint to the Association stating that it had not addressed reports she had made of water damage to a bedroom in her home. She said this was having a negative impact on the health of her and her family, including her disabled granddaughters.

26. The Senior Surveyor visited Mrs C’s property on 26 April and reported slight condensation above a skirting board in the bedroom. In respect of the bathroom, he wrote that when it was not in use it was being utilised as a drying room, meaning the area was always high in humidity. Photographs taken during that visit show children’s clothes drying on a clothes horse. He said that he was looking to fit a PVC strip curtain to prevent moist air migrating through the space required for the hoist.

27. On 29 April a manager (“the Second Manager”) sent the Senior Surveyor an email including data collected by sensors in Mrs C’s property. These had been installed when the property was developed but prior to this point no data from them had been collected or analysed. He said that new fans and a PIV system were managing humidity effectively, and that moisture migrating to cool surfaces in Mrs C’s home was likely causing any reported condensation. He suggested that Mrs C be provided with a residents “app” so that she could view data for herself and adjust her behaviour if necessary. Mrs C was not offered this app.

28. The Second Manager attached a number of charts to the email. This included a graph showing relative humidity in the bedrooms of Mrs C’s home from July 2022 to the current date. This showed that the average relative humidity in the bedrooms of Mrs C’s home over that period was 64.12%, and that the latest relative humidity was 61%. Whilst there were drops in the humidity level in Mrs C’s home between January and May in both 2023 and 2024 the relative humidity level of bedroom 3 was consistently above the recommended maximum of 60%. A chart showing the damp and mould score in the bedrooms recorded occasions where the score reached 100 in all bedrooms, the maximum possible score. This included in November 2023, when Mrs C first reported mould. The temperature was only shown for the bedrooms in Mrs C’s home, but this showed an average daily temperature of 20 degrees Celsius and a current temperature of 18 degrees.

29. On 31 May Mrs C arranged for a private company to carry out a survey of the wall where she was reporting damp. The survey found low wood moisture level readings but did notice some staining to the plasterboard. They noted that this was a retaining wall and that this could be a cause of damp. It recommended the plasterboard in this area be removed to test the wall and apply damp proofing treatment if needed.

30. Mrs C complained to the Ombudsman on 17 June. This complaint was settled on the basis that the Association would carry out work to reduce the migration of moist air from the bathroom by 20 August. It was also agreed that the Association would monitor the situation for 2 months after the work was completed and consider further options should they be necessary.

31. On 5 July a carpenter attended Mrs C’s home to fit PVC curtains to the opening required for the hoist, but they were not suitable. On 22 July the Senior Surveyor sent an email to a senior manager. He wrote that: “Im [sic] a little frustrated with development. I have discussed the issue with the vapour migration with them. Only to fine [sic] out last week that they have used sourced doors to reduce this issue on another job”.

32. On 23 August Mrs C contacted my office to report that the Association had not carried out the agreed works. The Association said that the Second Manager had reviewed data from the sensors in Mrs C’s home and found that humidity levels were high.

33. Officers from the Association attended Mrs C’s home on 17 September to carry out works to reduce moisture migration but had to re-schedule as they were unable to carry out the works due to not having the correct materials. A further appointment was cancelled by the Association for 1 October for the same reason. As a result of the ongoing failure by the Association to complete the agreed works my Office commenced an investigation of Mrs C’s complaint. The works were eventually completed on 20 November.

34. On 12 December Mrs C spoke with a complaints co-ordinator from the Association. Mrs C said that water damage had returned and that she suspected it was as a result of damp, rather than condensation. As a result, the First Surveyor attended Mrs C’s home on 19 December. They found no signs of mould and found the wall to be dry. On 17 January 2025, the Association told Mrs C that it would not remove plasterboard to conduct further investigations as a camera survey conducted previously had confirmed the cavity was dry.

35. On 7 February Mrs C contacted my office as she felt that works to reduce moisture migration had not resolved the issue with damp. As 2 months had passed since the completion of works, the Association was asked what the results of its monitoring had been and if it proposed to take any further action. In response it referred to the letter of 17 January. As this letter referred to monitoring that had been undertaken less than a month after the completion of works the Association agreed to arrange a further survey by an independent surveyor.

36. On 19 March an independent Chartered building surveyor (“the Chartered Surveyor”) visited Mrs C’s home. Areas where Mrs C had previously reported damp and mould were found to be dry, with the exception of a section of skirting board that was shown as being wet. They found humidity readings to be within acceptable levels, with the exception of the bathroom after the shower had been run. This situation was exacerbated as the extractor fan to the bathroom had been disconnected.

37. To the exterior of Mrs C’s home, the Chartered Surveyor noted issues with the guttering that may cause water to spill behind it in heavy rain. They also raised concerns about a retaining wall. They found dark staining beneath the lead, adjacent to where issues with damp had been reported internally and that silicone beading in this area was in poorer condition than other areas of the property. The Charted Surveyor considered that if the retaining wall lacked suitable tanking or membrane, then this could be the cause of dampness in Mrs C’s home. They found no current issues with dampness and felt that the bedroom was suitable for use. They recommended that the extractor fan be re-connected, repairing the silicone beading and clearing the guttering. They also recommended that the Association monitor the area closely and re-inspect it in 6 months, and that further, more intrusive checks may be needed if Mrs C continued to report issues. The Association has since carried out work to repair the silicone beading and guttering and re-connect the extractor fan.

38. Mrs C said that she had made repeated reports of mould in a bedroom used by her granddaughter, and that despite numerous visits to her home by the Association the issue had yet to be resolved.

39. Both Mrs C’s granddaughters have life limiting disabilities. She said that they were unable to use the bedroom whilst the issue remained unresolved due to the impact on their health. This meant that they were having to share beds, with some family members sleeping in the living room. This was a source of great stress to her, and Mrs C said that as a result she had begun having anxiety attacks and had been referred for counselling.

40. Mrs C said that she wanted the Association to address the issues with moisture in the bedroom so that her grandchildren could use it again.

41. The Association said that it had carried out appropriate investigations and established that there was no penetrating damp. It believed that the issues reported by Mrs C were caused by moist air migrating from the bathroom. As such it would not be undertaking any further investigation of the wall. It said that it had put in place a number of measures to attempt to reduce water vapour migration from the bathroom. The Association said that when the bathroom was not in use it was utilised as a drying room, which would mean that the area would always be high in humidity, but it did not supply any details of the current moisture level in Mrs C’s home.

Whether the Association responded appropriately to reports of damp and mould made by her between November 2023 and the present time

42. The Association did not always respond appropriately to reports of damp and mould. When Mrs C first reported mould, the Association responded quickly and carried out appropriate investigations. This led the Association to conclude that the issue was due to condensation caused by moist air migrating from a bathroom. Despite this, a new extractor fan was not installed to the bathroom until over 2 months later. This is contrary to the Association’s repair policy. The first attempt to cover the space needed for the hoist was not made until over 7 months later. The Disrepair Feedback states that defects causing condensation should be rectified as promptly as possible. In this case it was a year until the issue the Association considered to be the cause of the condensation, was addressed. The Association has made repeated references to the wall being dry. This is despite the First Surveyor finding evidence of water and the Second Surveyor finding indications of moisture in the cavity.

43. When the Technical Surveyor raised concerns about the adequacy of radiators in Mrs C’s home, no action was taken as the Senior Surveyor assumed checks would have been carried out when the property was developed. I have seen no evidence that the Senior Surveyor sought to establish if this was the case. When a survey was carried out after Mrs C contacted the Association 2 months later, most of the radiators were found to be undersized. It was a further 2 months before the radiators were replaced. I do not consider that the Association responded to Mrs C’s concerns about the inadequacy of the radiators with sufficient promptness, especially given that the Technical Surveyor had identified shortcomings some 2 months previously.

44. Despite the installation of a mechanical extractor fan and PIV system Mrs C continued to report issues with water damage. The First Surveyor and Second Surveyor had previously found that an area of the wall was wet. The Technical Surveyor had reported issues in Mrs C’s home that he considered could be causing damp. A private survey arranged by Mrs C recommended further investigation of the wall. Despite this, the Association undertook no further investigations. This is contrary to the Disrepair Feeback which states that investigations should be undertaken by default. The Chartered Surveyor found an area of the wall was wet. This was the same area of wall identified as being wet by the First Surveyor in November 2023. They also raised similar concerns as the Technical Surveyor regarding a retaining wall and guttering. The Association has not committed to undertake any further investigation of this wall.

45. The Association also suggests that Mrs C may be contributing to the high humidity levels by not opening windows and drying washing indoors. The Second Manager recommended that Mrs C be offered an app that would allow her to see how the way she used her home impacted humidity levels. If the Association believed that lifestyle factors were causing increased humidity in Mrs C’s home, then this would have been an effective way of addressing this with her. Mrs C was not offered the app until after this investigation began. The Association has not provided an explanation for this.

46. Sensors monitoring environmental conditions in Mrs C’s home were installed in 2022, but the Association said that no analysis of the data was conducted until April 2024. When the data was analysed, I am concerned that it was not reported accurately. The Second Manager reported that new fans and a PIV system were managing humidity effectively. The data relating to humidity shows no significant difference from the same period the previous year, when enhanced ventilation had not been installed. Following Mrs C’s contact with my office in August, the Association said that sensors had shown that humidity in her home was high.

47. The way that the Association communicated with Mrs C was not always in accordance with the Principles of Good Administration. I have seen no evidence that Mrs C received a response to her email of 19 March 2023. The Association has not shown that it had regard to Mrs C’s individual circumstances, particularly the needs of her disabled granddaughters. Mrs C’s initial concern was not dealt with sensitively, with internal emails from the First Manager and the Senior Manager focusing on posts made on social media rather than the potential impact on Mrs C and her family. The email from the First Manager also refers to Mrs C potentially posting misinformation. This was before an inspection had been carried out to establish if defects had caused the issue she had reported. This is contrary to Principle 2 which requires public bodies to be customer focused and Principle 4 which states that public bodies should act fairly and proportionately. Not acknowledging that there was continued moisture in the wall of Mrs C’s home and not taking prompt action to address this is also not in accordance with Principle 5 which relates to public bodies putting things right.

48. Our Thematic Report: Living in Disrepair which I recently issued, makes specific reference to the needs of vulnerable people. In Mrs C’s case, despite her reporting a worsening of her granddaughter’s asthma, no independent survey was carried out until the intervention of my office. The Repairs Policy also contains no guidance on how and when repair requests made by vulnerable people should be prioritised.

49. These are failings which amount to maladministration. They are an injustice to Mrs C and her disabled granddaughters who had to live with outstanding repairs in their home for a significant period of time. By not keeping Mrs C’s home in repair the Association also did not comply with its duties under the Act. I therefore uphold Mrs C’s complaint.

50. I am concerned that this investigation has identified systemic issues within the Association. Whilst sensors were installed in Mrs C’s home, no action has been taken to analyse the data they provided. This represents a significant missed opportunity to identify issues in Mrs C’s home. If no routine monitoring of data is being undertaken similar failings may also have occurred in other properties owned by the Association. It also seems that information was not always shared effectively between different teams, which led to a delay in issues reported by Mrs C being addressed.

51. I acknowledge that there is a degree of technical uncertainty regarding what is causing the issues in Mrs C’s home. That said, the issues identified during this investigation are significant. Four separate surveys have identified moisture in the same area of a bedroom wall, but the Association did not take any action to investigate this further. Despite the Technical Surveyor raising concerns that Mrs C’s home was inadequately heated, the Association took no action until Mrs C made contact 2 months later. At this point, 3 years after the property had been developed, it was found that inadequately sized radiators had been installed.

52. The issues are also ongoing. The Association has yet to definitively establish what is causing the moisture to the skirting board.

53. I also consider that the failings identified in this case are ones from which other organisations can learn. There were missed opportunities to undertake an earlier independent survey. I have seen no evidence that the Association considered the needs of Mrs C’s granddaughters, or that during this time it had a policy regarding repair requests from households containing vulnerable people. It is for these reasons I consider this report to be of wider public interest.

54. Article 8 of the Convention requires public bodies, and other bodies which carry out public functions, to have respect for the homes and family lives of individuals. Respect can include ensuring homes are maintained in a good state of repair and listening and taking appropriate action when issues arise. I consider that Article 8 was engaged by the circumstances of this complaint, as the Association did not respond appropriately to Mrs C’s repair reports or the findings of its own surveys. As such a situation arose where the right of Mrs C to have her home and family life respected may have been compromised.

55. The WHQS requires homes to have adequate facilities to dry clothes. What is adequate will depend upon the specific needs of individual households. When it was noted that Mrs C was drying clothes indoors, I am concerned that no steps were taken to establish if there were adequate drying facilities to meet the needs of Mrs C’s disabled grandchildren. The Fuel Poverty Strategy sets out what is considered a satisfactory level of heating for households containing a disabled person. I have seen no evidence that the Association took this into account when assessing the adequacy of the heating in her home. Whilst data shows that the bedrooms meet the required levels, both the Technical Surveyor and Mrs C raised concerns about the temperature of other areas of her home. Failing to consider the needs of Mrs C’s household in responding to repair requests is also contrary to the Repairs Policy.

56. The Association knew at the time Mrs C made her complaint that her granddaughters were disabled. The EA protects disabled people from being treated less favourably because they have a disability. It is not for me to make a definitive determination regarding whether a body has complied with the terms of the EA, but I can consider if an organisation has had due regard to its obligations. The failure to consider the needs of Mrs C’s grandchildren suggests the Association may not have paid due regard to its duties under the EA.

57. I recommend that within 1 month of the date of the final report the Association should:

a) Provide evidence that the Association has acknowledged and apologised to Mrs C for the failings identified in this report.

b) Provide evidence that the Association has offered Mrs C a financial redress payment of £840. This includes £500 for the cost of a mattress, clothes and toys Mrs C has had to dispose of, £40 for the survey she arranged and £300 for the distress caused to her by the failings identified in this report.

c) After the next period of significant wet weather or when the tenant next reports any evidence of damp on the wall, to remove the plasterboard in the area where moisture has been recorded and undertake a full inspection of the wall. A copy of this inspection should be shared with Mrs C and this office.

58. I recommend that within 3 months of the date of the final report the Association should:

d) Carry out any works determined as necessary as a result of the inspection of the wall.

e) Ensure all relevant staff receive training to identify and respond appropriately to vulnerable customers.

f) Ensure that a scenario based training programme is delivered to all relevant staff to ensure that lessons are learned from this case and staff take account of individual circumstances where prioritising repairs.

g) Develop a process to ensure that when a complaint of damp and mould is received, information gathered from sensors in properties belonging to the Association is regularly, analysed and reported accurately.

h) Share a copy of this report with the Association’s Assurance Committee which should oversee and monitor the Association’s compliance with these recommendations.

59. I am pleased to note that in commenting on the draft of this report Trivallis has agreed to implement these recommendations.

Michelle Morris

Ombwdsmon Gwasanaethau Cyhoeddus | Public Services Ombudsman

23 October 2025