Industry News


Mould in Rochdale flat caused boy’s death, coroner rules


I


n a finding that could have widespread repercussions for landlords across the country, a coroner has ruled that a two-year-old boy died


as a result of a severe respiratory condition caused by prolonged exposure to mould in his home. Delivering a narrative conclusion, the


Manchester North senior coroner Joanne Kearsley said ventilation in the one-bedroom flat where Awaab Ishak lived with his parents, was not effective. “Tis was a direct contributing factor in the


development of the mould,” Ms Kearsley said. “It is acknowledged by Rochdale Boroughwide Housing and I find as a matter of fact that a more proactive response should have been taken to treat the mould which was present.” Ms Kearsley said RBH were not “proactive” and


asked: “How in the UK in 2020 does a two-year-old child die as a result of exposure to mould?” She said the case “should be a defining moment for the housing sector”. Te coroner said she will be writing a report for


the prevention of future deaths and will write to the Minister for Housing and Health Secretary to raise issues. Kearsley said mould in properties was not particular to Rochdale, or only a social housing problem. She supported a call for the government’s Decent Homes Standard to be strengthened to include damp and mould. Te Housing Ombudsman has been increasingly


warning social landlords about their treatment of conditions in tenants’ homes, including condensation, damp and mould. Te inquest heard that Awaab had consistently suffered from cold and respiratory issues


throughout his short life. His father repeatedly raised the issue with Rochdale Boroughwide Housing but no action was taken. Ms Kearsley added that Mr Abdullah had


“some understanding and ability to converse in English”, but his wife had “very little”, a fact that was important as it impacted “the ability of professionals to engage in discussions with the family and the ability of the family to explain any worries or concerns they had and to understand advice”. Rochdale Coroner’s Court heard Awaab’s father


Faisal Abdullah - who came from Sudan to live in the UK in 2016 and was joined by his wife Aisha Amin a year later - reported mould developing in the one-bedroom flat to RBH in 2017 and was told to paint over it, which he did on several occasions. Te following year, Awaab was born prematurely


at 31 weeks, but there had been no concerns from any health professionals about his development. In June 2020, Mr Abdullah instructed solicitors and initiated a claim over the recurring mould issue, but the landlord’s policy meant any repairs would not be done until an agreement had been reached.


WAKE UP CALL Te court heard Awaab was taken to Rochdale Urgent Care Centre on 19 December that year suffering shortness of breath and transferred to Royal Oldham Hospital before being discharged. He deteriorated the next day and his parents


were advised by the community children’s nursing team to take him back to the urgent care centre. He then went into respiratory arrest and cardiac arrest while being transferred to hospital and died aſter arriving there.


Aſter the hearing Awaab’s parents said via


their solicitor: “We cannot tell you how many health professionals we’ve cried in front of and RBH staff we have pleaded to, expressing concern for the conditions ourselves and Awaab have been living in.” “We shouted out as loudly as we could, but


despite making all of those efforts, every night we would be coming back to the same problem.” Tey also called on RBH to “stop being racist” and providing “unfair treatment” to people moving to the UK from abroad, refugees and asylum seekers. RBH chief executive Gareth Swarbrick responded


by saying his organisation would continue to “learn hard lessons”. He said he was “truly devastated about Awaab’s death and the things we got wrong. We know that nothing we can say will bring Awaab back or be of any consolation to his family. “We didn’t recognise the level of risk to a little


boy’s health from the mould in the family’s home [and] we allowed a legal disrepair process, widely used in the housing sector, to get in the way of promptly tackling the mould.” In response to the family’s comments that RBH


needed to “stop discriminating and stop being racist” against refugees or asylum seekers, he said: “As a community owned organisation we support the diverse communities of Rochdale. “We are proud of the work we do with all our


tenants.” He said Awaab’s death “needs to be a wake-up call for everyone in housing, social care and health”, adding: “We will take responsibility for sharing what we have learnt about the impact to health of damp, condensation and mould with the social housing sector and beyond.”


Huge jump in ‘no-fault evictions’ prompts calls to renew UK-wide ban


Close to 20,000 households in England were made homeless by landlords using Section 21 notices in 2021/22, up from almost 9,000 in the previous year according to official figures. Pressure is growing on the Housing


Secretary Michael Gove to take action, with the former head of the civil service, Sir Bob Kerslake, warning of a “catastrophic” homelessness crisis unless the Government reintroduces the eviction ban that protected tenants during the Covid-19 pandemic. Section 21 notices are allowed under


the 1988 Housing Act and permit property owners to evict tenants at two months’ notice without giving a reason. Housing rights compaigners allege they are oſten used in response to tenants’


complaints about property conditions or rent rises. Te Government has promised since 2019 to


end the practice and it has included this in draſt legislation, the Renters Reform bill, but there have been delays in its passage through Parliament. Under Liz Truss it looked like the draſt bill was being severly watered down, or might be axed altogether, but Gove’s return to the cabinet looks to have ended those fears. Te proposal is that a tenancy can end only if


the tenant ends it, or if the landlord has a valid ground for possession. New grounds will be created to allow landlords to sell or move close family members into the property and grounds concerning persistent rent arrears and anti-social behaviour will also be strengthened.


Te latest figures show no-fault evictions are now


causing more homelessness than in 2018/19 and 2019/20. Tis is understood to be largely down to the fact that landlords were prevented from using the eviction system for much of the pandemic. Te figures also show a 24 per cent increase in


the number of households with children asking for help from councils to prevent them becoming homeless, compared with the previous year, and notable increases in the number of working people and black and Asian people presenting as homeless. Overall, however, the number of households


threatened with homelessness remained below the pre-Covid level in 2019/20. A spokesperson for the Department for Levelling Up, Housing and Communities said: “A fair deal for renters remains a priority for the Government. We are giving councils £316m to tackle homelessness and make sure families are not leſt without a roof over their heads.”


www.housingmmonline.co.uk | HMMDecember/January 2023 | 5


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