Decision

Castle Point Borough Council (22UE) - Regulatory Judgement: 12 December 2024

Updated 12 December 2024

Applies to England

Our Judgement

	Grade/Judgement	Change	Date of assessment
Consumer	C4 Our judgement is that there are very serious failings in the landlord delivering the outcomes of the consumer standards. The landlord must make fundamental changes so that improved outcomes are delivered.	Downgrade	December 2024

Reason for publication

We are publishing a regulatory judgement for Castle Point Borough Council (Castle Point BC) following an inspection completed in December 2024.

This regulatory judgement confirms a consumer downgrade to C4.

Prior to this regulatory judgement, the consumer grade for Castle Point BC was last updated in September 2024 when we confirmed a grade of C3. This was following responsive engagement with Castle Point BC that focused on the Transparency, Influence and Accountability Standard.

Summary of the decision

From the evidence and assurance gained during the inspection, we have concluded that there are very serious failings in Castle Point BC delivering the outcomes of the consumer standards and it must make fundamental changes so that improved outcomes are delivered, specifically in relation to outcomes against the Safety and Quality Standard and the Transparency, Influence and Accountability Standard.

Although Castle Point BC has indicated a willingness to address these serious failings, we have not yet seen evidence to sufficiently assure us that it understands the potential risks to tenants and of its ability to put matters right, including taking prompt action to gain assurance that tenants are safe. Based on our assessment of the seriousness of the failures and the changes needed to improve outcomes for tenants, we have concluded a C4 grade for Castle Point BC.

How we reached our judgement

As part of our planned regulatory inspection programme, we carried out an inspection of Castle Point BC to assess how well it is delivering the outcomes of the consumer standards. During the inspection we considered all four of the consumer standards: Neighbourhood and Community Standard, Safety and Quality Standard, Tenancy Standard, and the Transparency, Influence and Accountability Standard.

During the inspection we observed a cabinet meeting and a meeting between the council and its repairs and maintenance managing agent, South Essex Homes. We met with officers and elected members including the leader and deputy leader of the council, and the portfolio holder for housing. We also reviewed all the documents provided by Castle Point BC.

Our regulatory judgement is based on all the information we obtained during the inspection as well as analysis of information received from Castle Point BC through our routine regulatory returns and other regulatory engagement activity.

Summary of findings 

Consumer – C4 – December 2024 

We have found serious failings in how Castle Point BC is delivering the outcomes of the consumer standards, and evidence that this has had a significant impact on service outcomes for tenants.

Our judgement is based on the scale and breadth of the issues identified during the inspection and the significant impact or potential impact on Castle Point BC’s tenants. The issues identified during the inspection include a failure to demonstrate it is meeting landlord health and safety legal requirements, and Castle Point BC does not have an accurate understanding of the condition of its homes. Castle Point BC has also failed to submit Tenant Satisfaction Measures (TSM) data for 2023-24 (an issue we reflected in a previous C3 judgement), has no opportunities for tenants to influence and scrutinise its strategies, policies and services, and has failed to self-refer these issues to us before the inspection. Fundamental changes are required to the service to improve outcomes for tenants and Castle Point BC’s response to date has not yet provided evidence to assure us of its ability to put matters right.

The Safety and Quality Standard requires landlords to identify and meet all legal requirements that relate to the health and safety of tenants in their homes and communal areas, and ensure that all required actions arising from legally required health and safety assessments are carried out within appropriate timescales. Whilst Castle Point BC has an arrangement with a managing agent, as the landlord it is accountable and responsible for meeting the outcomes of the standard. Through our meeting observations and other inspection activities, we found very serious failings in how Castle Point BC is delivering these outcomes and significant improvement is needed.

In respect of health and safety assessments, Castle Point BC could not provide us with assurance that its information was accurate and that all required actions arising from the assessments had been carried out within appropriate timescales. Castle Point BC provided inconsistent health and safety information, and its accuracy could not be evidenced.

In respect of fire safety, Castle Point BC could not demonstrate that it is effectively managing and mitigating fire safety risks in its homes.

In relation to electrical safety, Castle Point BC reported that over 40% of its communal areas did not have an up to date electrical condition test however, as identified above, our inspection raised significant concerns over the accuracy of the data provided.

In our ongoing engagement with Castle Point BC, an immediate priority is for Castle Point BC is to provide us with assurance that it has appropriate arrangements in place for effectively managing and mitigating any relevant risks to tenants while it completes the necessary checks and all required actions arising from legally required health and safety assessments. Castle Point BC need to have assurance over the integrity and accuracy of data and performance reporting as it is accountable and responsible for the safety of its tenants.

The Safety and Quality Standard also requires landlords to have an accurate, up to date and evidenced understanding of the condition of their homes at an individual property level based on a physical assessment of all homes and ensure that homes meet the requirements of the Decent Homes Standard. Castle Point BC has significant gaps in the information it holds on the condition of its homes, as more than 99% of homes have not been surveyed within the last five years. Castle Point BC has been unable to provide evidence that the previous surveys included an assessment of hazards using the Housing Health and Safety Rating System and it does not have full access to the survey information. Given the very limited availability of up to date stock condition information and the lack of a systematic and effective approach to assessing and managing stock condition, we do not have assurance that Castle Point BC has a sufficient understanding of its homes to deliver the relevant outcomes in the Safety and Quality Standard.

We will engage with Castle Point BC while it takes action to ensure that it has an accurate and up to date understanding of the condition of its homes.

The Transparency, Influence and Accountability Standard includes the requirement for landlords to provide information so tenants can use landlord services, understand what to expect from their landlord, and hold their landlord to account. It also requires landlords to ensure complaints are addressed fairly, effectively, and promptly. Through our inspection, we found that Castle Point BC did not take tenants’ views into account in its decision-making and there were no meaningful opportunities for tenants to influence and scrutinise landlord services or hold their landlord to account. Castle Point BC was unable to demonstrate that it provides a range of relevant and accessible information to tenants, including about its performance in delivering landlord services. Castle Point BC could not evidence that complaints are addressed fairly, effectively, and promptly.

In September 2024, through our routine engagement with Castle Point BC, we learned that it had failed to collect and report TSM data in relation to tenant perception information for 2023-2024. The Transparency, Influence and Accountability Standard requires landlords to collect and report annually on their performance using a core set of defined TSMs in order to support effective scrutiny by tenants. Castle Point BC investigated and confirmed it had failed to collect and report the TSMs as set out in Tenant Satisfaction Measures: Technical requirements and Tenant Satisfaction Measures: Tenant survey requirements. A regulatory judgement confirming a consumer grade of C3 was published in September 2024. Castle Point BC submitted TSM management data but was unable to provide assurance on the integrity of the data submitted, and the information was excluded from our report on the TSM results in November 2024.

Having considered this issue further through the inspection, we were unable to gain assurance that Castle Point BC had remedied this matter for its 2024-25 TSM collection, and there remains a risk that tenants will not be supported to scrutinise their landlord’s services on an ongoing basis. Through our inspection we identified that action is needed to ensure that Castle Point BC has comprehensive information about the diverse needs of its tenants to better adapt and tailor its services to their individual needs and to ensure its housing and landlord services deliver fair and equitable outcomes for tenants.

The Neighbourhood and Community Standard states that landlords must work in partnership with appropriate local authority departments, the police and other relevant organisations to deter and tackle anti-social behaviour and hate incidents in the neighbourhoods where they provide social housing. Castle Point BC provided limited evidence that it works with partner organisations as required by the standard.

The standard also requires landlords to clearly set out their approach for how they deter and tackle hate incidents in neighbourhoods where they provide social housing, and enable anti-social behaviour and hate crime incidents to be reported easily. Castle Point BC was unable to demonstrate how it responds to reports of hate crime or provides support to victims of hate crime.

In relation to domestic abuse, the standard requires landlords to have a policy for how they recognise and effectively respond to cases of domestic abuse and to work co-operatively with other agencies tackling domestic abuse and enable tenants to access appropriate support and advice. Castle Point BC has been unable to provide evidence that it has a domestic abuse policy in place and was unable to demonstrate how it recognised and responded to cases of domestic abuse.

In relation to the Tenancy Standard, we saw limited evidence that Castle Point BC offers tenancies or terms of occupation that are compatible with the purpose of its accommodation, the needs of individual households, the sustainability of the community, and the efficient use of its housing stock.

Castle Point BC has engaged with us throughout the inspection and has indicated a willingness to address this situation, but we have not yet seen evidence to sufficiently assure us of its ability to put matters right. Taking this into account, alongside the breadth and significance of the very material issues, we have concluded that there are very serious failings in how Castle Point BC is delivering the outcomes of the consumer standards, and it must make fundamental changes to improve outcomes for tenants.

We expect Castle Point BC to develop a comprehensive plan that will drive significant change across all the areas identified, and to share that with tenants. Our engagement with Castle Point BC will be intensive and we will seek evidence that gives us the assurance that sufficient change and progress is being made. Our priority will be that risks to tenants’ safety are adequately managed and mitigated. We are not proposing to use our enforcement powers at this stage but will keep this under review as Castle Point BC seeks to resolve these issues.

Background to the judgement

About the landlord

Castle Point BC owns and manages around 1,500 social housing homes in Essex. The majority of homes are general needs with some sheltered housing.

Our role and regulatory approach

We regulate for a viable, efficient, and well governed social housing sector able to deliver quality homes and services for current and future tenants.

We regulate at the landlord level to drive improvement in how landlords operate. By landlord we mean a registered provider of social housing. These can either be local authorities, or private registered providers (other organisations registered with us such as non-profit housing associations, co-operatives, or profit-making organisations).

We set standards which state outcomes that landlords must deliver. The outcomes of our standards include both the required outcomes and specific expectations we set. Where we find there are significant failures in landlords which we consider to be material to the landlord’s delivery of those outcomes, we hold them to account. Ultimately this provides protection for tenants’ homes and services and achieves better outcomes for current and future tenants. It also contributes to a sustainable sector which can attract strong investment.

We have a different role for regulating local authorities than for other landlords. This is because we have a narrower role for local authorities and the Governance and Financial Viability Standard, and Value for Money Standard do not apply. Further detail on which standards apply to different landlords can be found on our standards page.

We assess the performance of landlords through inspections and by reviewing data that landlords are required to submit to us. In Depth Assessments (IDAs) were one of our previous assessment processes, which are now replaced by our new inspections programme from 1 April 2024. We also respond where there is an issue or a potential issue that may be material to a landlord’s delivery of the outcomes of our standards. We publish regulatory judgements that describe our view of landlords’ performance with our standards. We also publish grades for landlords with more than 1,000 social housing homes.

The Housing Ombudsman deals with individual complaints. When individual complaints are referred to us, we investigate if we consider that the issue may be material to a landlord’s delivery of the outcomes of our standards.

For more information about our approach to regulation, please see Regulating the standards.

Further information

• Regulating the standards

• Regulatory standards for landlords

• Tenant Satisfaction Measures