Source · SPSO (Scottish Public Services Ombudsman)

South Lanarkshire Council

SPSO (Scottish Public Services Ombudsman) Partly Upheld Reference 201304475 Sector Local Government Category repairs and maintenance Decided 01 August 2014

View South Derbyshire Council scorecard

Full decision

Summary

Mr C complained that the council left his daughter (Ms A) without a smoke detector for some time following a repair to her ceiling, and that this had endangered her life. He was concerned that they had failed to recognise the importance of his initial complaint about this, which he made as soon as he became aware of the situation. In responding to his complaints about this, and other matters, he said the council had not answered his specific points and that he had not been able to speak to the chief executive.

The chief executive, in responding to the complaint, had said that a tradesperson left a card when they could not gain access to the house, and Ms A had not responded. However, the council told us that they had now established that this information was incorrect and no such card was left. We upheld Mr C's complaint about the failure to ensure that a smoke alarm was fitted, and made two recommendations for improvements to the procedure for gaining access to a tenant's property when earlier attempts have been unsuccessful.

We found that the council had addressed all the issues Mr C had raised, within the 20 working days set out in their complaints handling procedure. We confirmed that the chief executive was correct in telling Mr C that it is not possible for him to deal personally with every complaint addressed to him, and confirmed we would not expect him to speak directly to a complainant except in very exceptional circumstances. We did not uphold the complaint about complaints handling.

Recommendations

We recommended that the council: apologise to Mr C for the inaccurate information in the chief executive's letter about the leaving of 'no access' cards at Ms A's home and his reliance on circumstantial evidence to support that information; review and revise, if appropriate, the process/procedures for what a tradesperson who cannot gain access to a tenant’s home should do given that, as access to the property was presenting a difficulty, the matter should have been referred to the local housing office; and provide evidence to show the change in their procedures which reflects that where a hard-wired smoke detector needs to be disconnected to enable repair works, and the works cannot be completed in a single visit, a battery-operated smoke detector will be fitted as a temporary measure.

Related reading

View Decision Report 201304475 as a PDF (13.55 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving South Lanarkshire Council

Reference Date Summary Outcome
202403098 01 Apr 2025 C complained about the handling of two planning enforcement complaints which they had brought to the council in regards to … Upheld
202002423 01 Sep 2023 C reported concerns to the council’s environmental services department about smoke pollution over a number of years as a result … Upheld
202110238 01 Jul 2023 C complained about the actions of South Lanarkshire Council in relation to work that they carried out to a property … Partly Upheld
202107992 01 Jun 2023 C is the parent of two children, A and B, who complained about the council's handling of child protection concerns … Partly Upheld
202001793 01 Mar 2022 C, parent of A, complained to the council that during A's time at school the council had failed to address … Partly Upheld
View all decisions for this organisation