Great policy, shame about the execution

The case under the microscope this time is about a Ms Diiriye (not her real name), who complained that a council failed to investigate her reports of racial harassment or take action.

Ms Diiriye, a black woman of African origin and a Muslim, contacted the council about racial harassment on the council estate where she lived. Her complaints related to a four-year period and included racist graffiti painted on her front door, verbal abuse and spitting. Two young women racially abused her and physically assaulted her, kicking her and beating her with an umbrella. The perpetrators were convicted of common assault and the council was informed.

Council policy

The council had a strategy setting out its objectives to reduce levels of racial crime and harassment in the borough and provide improved support to victims. This was underpinned by its racial harassment policy, which gave operational guidance to housing officers charged with the task of investigating incidents reported by tenants.

The ombudsman recognised the council’s good objectives, but found that in this case housing officers failed to provide support to a victim of racial harassment and their response fell well below the high standards the council set itself.

Failure to act

The ombudsman found there was a catalogue of serious failures. In particular:

• housing officers failed to recognise that the incidents Ms Diiriye reported were racial harassment, so they failed to register them and carry out the steps required by the policy
• no attempt was made to interview the two identified perpetrators following their conviction for common assault
• no warning letters were served on the tenants with whom the convicted perpetrators lived for a breach of the tenancy condition relating to harassment, and officers did not consider whether to apply for an injunction
• Ms Diiriye did not receive a victim support pack, or diary sheets on which to log further incidents, until more than three years after her first complaints
• important evidence provided by Ms Diiriye was not put on her file and was missing when officers investigated her complaints.

Two young women racially abused and physically assaulted Ms Diiriye, kicking and beating her with an umbrella

Management transfer

The council awarded Ms Diiriye management transfer status in the first year of the problems. However, it did not take the correct action in accordance with its policy. Two properties of the appropriate size and in the relevant area were awarded to applicants who had lower priority than Ms Diiriye. As a result, she had to wait for an extra year before a suitable property was found and she was able to move from the estate.

Injustice

The ombudsman said Ms Diiriye had been badly let down by the council. She was the victim of serious racial harassment and council officers failed to provide her with support and assistance when she most needed it. Her complaints were not investigated and she had to continue living on the estate with the constant fear that she and her two young children would be subjected to further acts of harassment. No action was taken against two known perpetrators and Ms Diiriye had to avoid them when she saw them around the estate.

The ombudsman considered that if officers had carried out a prompt and thorough investigation of the incidents Ms Diiriye reported to them, the council would have gathered sufficient evidence to proceed with an application for an injunction against the perpetrators and to commence possession proceedings. At the very least, Ms Diiriye would have felt that her complaints were receiving the serious attention they deserved and that the council was demonstrating to the perpetrators that their actions were unacceptable.

Outcome

The council offered to pay compensation of £5000 to Ms Diiriye. The ombudsman agreed that was an appropriate outcome, commenting: “The council should ensure that the lessons learned from this case are fed into the training programme that housing officers will receive in the coming months.”