On 15 November 2022, the Senior Coroner for North Manchester declared that the death of Awaab Ishak ought to be ‘a defining moment’ for the housing sector.
Awaab, a 2-year-old boy, tragically died from a severe respiratory condition, caused by prolonged environmental mould exposure existing within the family home. The flat was owned by a large social housing landlord. His parents, on more than one occasion, had drawn the landlord’s attention to the damp and mould existing within the flat only for a lack of proactive action to be taken to address the issue.
In June 2020, the family instructed solicitors to make a disrepair claim due to the mould. An inspection carried out by the housing association in July 2020 confirmed the presence of mould in the kitchen and bathroom, but the landlord refuted any structural issue with the property and instead said the tenants had caused it with their lifestyle and ‘ritual bathing’ habits. The policy at the time was not to progress to repair and treatment until the agreement of the solicitors had been obtained. The housing association subsequently conceded, during the inquest, that they had ‘…allowed a legal disrepair process…to get in the way of promptly tackling the mould’.
Whilst contributory factors leading to Awaab’s death were not confined to the landlord, it was the concern sparked by present day inadequate living conditions and a lack of appropriate response, which attracted national media and political attention, with Downing Street commenting:
‘Clearly the circumstances in which he died are unacceptable and we will no longer stand for unresponsive landlords failing in their response to tenants’.
The coroner felt compelled to write a Prevention of Future Deaths Report, addressed to Mr Michael Gove (Minister for Housing) and Mr Steve Barclay (Secretary of State for Health). She felt that there was a risk that future deaths would occur due to the evidence highlighting a ‘policy’ amongst housing associations, in cases where a disrepair claim has been brought, of waiting for agreement from the claimant (or their legal representative) before rectifying any recognised disrepair.
Following the inquest, a petition was established, with support from the family and the charity Shelter, for ‘Awaab’s Law’ to be given effect. This was a petition designed to ensure that housing providers would abide by strict timescales for damp and mould to be inspected and repaired and ensure that priority would be given for new social housing bids when an existing home poses a health risk. The petition reached over 177,000 signatures and gained major political support.
On 9 February 2023, the Government confirmed that it would deliver Awaab’s Law through the Social Housing Regulation Bill. This evolved into the Social Housing (Regulation) Act 2023, receiving Royal Assent on 20 July 2023. The legislation has been described as the most significant reform of the housing sector in more than a decade. With nearly 9 million people living in social housing in England, many will now benefit from this new legislative protection conferred on them.
It is important to note that the coroner was sympathetic to the challenges faced by housing associations. Evidence was heard about reliance on ageing housing stock, the lack of new builds to create increased property numbers, overcrowding and poverty, lengthier waiting lists for people who are requesting social housing and the impact of mandatory changes such as the need to be carbon neutral. Whilst additional protection now exists for tenants, with the cost-of-living crisis showing no signs of easing in the near future and winter soon to be upon us, it is not inconceivable that we will hear of more tragedies arising from the dangers posed by damp and mould.
For further information and support, please get in touch.
For further information, please contact:
Siôn Davies, Hill Dickinson
sion.davies@hilldickinson.com
