Scrutiny Panel gas safety interim report

Internal Affairs for

Adactus500 Scrutiny Panel

Gas Safety: Interim Report

22 May 2015

Shehnaz Akhtar Page 2

Internal Affairs for Adactus500 Scrutiny Panel

Scrutiny Review: Gas Safety

Interim Report

The Project

Business Plan Key Risk: Tenant injury or death due to a gas leak.

Background

The Gas Safety (Installation and Use) Regulations 1998 places a statutory duty on landlords of

residential properties to:

• Ensure that all gas appliances, pipework and flues they own are maintained in a safe

condition.

• Carry out an annual gas safety check on every gas appliance/flue they provide.

• Keep copies of the gas safety record for two years and provide an up to date copy to the

tenant.

What we wanted to know

• How are tenants safeguarded against the risk of injury or death due to a gas related

incident.

• Does the Group comply with gas safety regulations?

• Does the Group have arrangements in place for the monitoring of gas related services?

What we looked at

• Arrangements for carrying out annual gas safety checks

• Effectiveness of the ‘No Access’ procedure

• The process for capping/uncapping gas at void properties

• How reports of a gas leak/repairs are dealt with

• Whether all gas related work is carried out by competent skilled employees.

• How performance of gas engineers is monitored.

What we found

1. Access for Annual Gas Servicing

a. Arranging access

• Gas safety checks are carried out annually on approximately 10,300 of the Group’s

properties; the majority of these are the Group’s own properties and others are where the

Group is acting as the managing agent but is still legally bound to carry out the checks.

• The Group aims to carry out a gas safety check within twelve months of the previous one. In

order to do this, the procedure to gain access to properties to enable a gas safety check to

be carried out within the required twelve month period is started around month eleven. in



In the last financial year April 2014 to March 2015, 85% of first time access was achieved. In

previous years first time access was in the region of 70% however, new procedures were

introduced in 2014 which now involves contacting each tenant the evening before their

appointment was scheduled and a further phone call by the operative, shortly before he is

due to arrive.

• The service programme is commenced by running off a report from the housing

management database (QL) which picks up the component ‘gas service’ and this produces a

list of all the addresses that are coming up for a service based on the date of the previous

gas safety check.

• A gas safety check is also carried out at properties where the gas supply has been capped off

for example, at one of the Group’s long term void properties.

• The system then automatically generates a pre-populated letter for each address giving the

tenant a fixed appointment date and time slot seven days from the date of the letter and

the option to re-arrange the appointment if the date is not convenient.

• In addition to the letter and in cases where a tenant’s mobile number is available a text

message is sent informing them of the appointment.

• Tenants are offered an out of hours appointment on Saturday mornings in cases where their

work commitments prevent a gas safety check during normal working hours.

• Once a gas safety check has been completed and the date of the check recorded on the

system, the next service due date is automatically generated.

• The Gas Safety Record (CP12) is completed electronically using a hand held portable device

(PDA) that transmits information into a database that automatically stores the certificate.

• A copy of the gas safety certificate is posted to the tenant within twenty-eight days of the

gas safety check. A review revealed that gas safety certificates are posted out on a daily

basis for checks completed the previous day. The certificate is issued in English however, a

covering letter in alternative languages could be provided if requested.

b. Procedure for Access

• If access to the property is not gained after sending out the first appointment letter then the

following procedure is followed:

o An Urgent Notice card is left at the property requesting the tenant to contact the

office and make an appointment.

o Letter 2 - is sent which gives a timed appointment and informs the tenant that legal

proceedings will be commenced if they fail to allow access.

o A Final Warning Notice is left at the property if there is still no access.

o A Solicitor’s warning letter is sent advising the tenant that unless they make contact

within 7 days, legal action will commence.

o Legal Action is commenced if the tenant fails to respond.



o Where tenants refuse to co-operate, then a court injunction is applied through the

courts to allow entry to the property.

• Tenants are presented with five points of communication in order to gain access before an

injunction is applied for.

• A review was carried out on a sample of twenty properties to determine if a current Gas

Safety Record was in place. It revealed that all had a valid Gas Safety Record completed

within the last twelve months. Records showed twelve were completed at the first

appointment, two on the second appointment and one on re-let. With regards to the other

five, the gas certificate date did not match the appointment therefore this could be due to

the tenant rearranging the appointment. The gas Administration Officer explained that

generally all communication is logged by them however, if members of staff other than the

gas team take a telephone call requesting a change of appointment the details may be

logged in another location.

• An incentive is offered to tenants to facilitate a gas service to be carried out at first

appointment. Tenants are entered into a monthly prize draw in which they can win a £50

voucher. The process starts by compiling a list with details of properties with a gas safety

=check completed at first visit within the relevant month. A tenant is then selected

randomly by the Gas Administration Manager. The £50 retail voucher is posted to the

winning tenant by recorded delivery that includes an acceptance form requesting the tenant

to sign and return confirming receipt. A review revealed that in the last financial year, eight

of the twelve winning tenants had confirmed receipt.

• A review revealed sixteen injunctions to gain entry were obtained between 1 April 2014 and

31 March 2015 in cases where tenants had failed to allow access. The injunction is generally

valid for the duration of the tenancy and costs between £600 and £700 rechargeable to the

tenant. A check revealed that a gas safety check was completed in all sixteen properties

following the injunction.

• In extreme cases the association can apply for possession of the property in order to carry

out the safety check, or as a last resort, have the tenant committed to prison for contempt

of court if they refuse to vacate or allow entry. This action has not been taken as the

injunction has sufficed to gain entry.

c. Tenants own appliances

• It is not the landlord’s responsibility to have the tenant’s own appliances tested – these are

defined as those appliances which the tenant is entitled to take away upon terminating the

tenancy. It is the responsibility of the tenant to arrange any service and maintenance to be

carried out by a registered Gas Safe engineer. However, the Group does still have a

responsibility to visually inspect the appliance during the course of an annual gas service

inspection at a property. A review of twenty gas safety check certificates revealed fourteen

properties contained tenant owned appliances, for example a cooker or hob, and they had all

been visually inspected.



• In the event that a gas engineer discovers an unsafe gas appliance, he has a duty to make the

installation safe and inform the tenant. The practice is to cap off the gas, attach a warning

label to the appliance, and issue the tenant with a warning/advice notice report. The warning

notice prioritises the risk as ‘at risk’ or ‘immediately dangerous’.

• A review revealed 325 warning/advice notice reports had been issued between 1 October

2014 and 11 May 2015:

o 173 were prioritised as ‘immediately dangerous’ (44 were tenants own appliances,

94 relate to Adactus owned, 11 were supplier responsibility and 24 had not been

categorised as tenant, Adactus or supplier)

o 150 were classed as ‘at risk’ (54 were tenants own appliances, 55 were Adactus

owned, 19 were supplier responsibility, and 22 had not been categorised as tenant,

Adactus or supplier).

o 2 Adactus appliances were classed as ‘gas near miss’.

• The tenant owned appliances were mainly cookers (115) and a gas fire (9). The review

revealed the most common faults that caused the appliance to be condemned are:

o Control knobs missing from the cooker/hob

o Burners missing on cooker/hob

o Safety device on cooker/hob not working

o Door broken on cooker

o Gas escaping from cooker

o Faulty controls or burners

o Drop down lid on cooker not isolating burner

o Burner producing carbon monoxide

o Hose on bayonet not secure

o Signs of distress due to lack of maintenance

• A review of condemned Adactus owned appliances (boiler/gas fire) revealed that the

common causes were:

o Faulty flue/corrosion (due to age)

o Deterioration of appliance

o Manufacturer fault/recall

o Third party damage

o Natural wear and tear

o Alteration to building (for example a new extractor fan)

d. Spot checks

• A spot check was done shadowing a gas engineer carrying out gas safety checks in six

properties, it revealed the following:

o In two cases access could not be gained therefore a ‘no access’ card was left at the

property.

o In the other four cases the gas engineer introduced himself and explained the

purpose of the visit.



o In one case it was discovered that the gas supply had been capped by the supplier,

the tenant explained it was in order to save money over the summer period. The

tenant was advised although they were not using gas a standing charge is still

payable for having a meter; the tenant was not aware of this.

o In all four cases the tenant owned appliance (a cooker) was visually inspected. One

tenant’s cooker was condemned as unsafe (the oven door did not close and was

being propped up by a chair to keep it closed). It was explained to the tenant that the

appliance was dangerous therefore it was necessary to cap the gas supply. A label

was placed on the appliance stating it was dangerous and the tenant was issued with

a Warning/Advice Notice Report that they were asked to sign. The tenant was

advised what would happen next.

o Tenants were not asked if they had any other gas appliances.

o In all four cases a gas safety label advising emergency numbers was available on the

gas meter.

o Although tenants were not offered advice on how to use their heating controls

efficiently for example by reducing the temperature by one degree (energy

efficiency) it is included in the service (appointment) letter.

e. Failure to carry out gas safety checks

• It is a legal requirement to ensure that all gas appliances, pipework and flues owned by the

Group are maintained in a safe condition. Failure to do so can result in serious

consequences such as legal action following injury or death resulting in a hefty fine and/or

imprisonment.

• The housing regulator, Home & Communities Agency, can reprimand housing associations,

and can exercise their powers to issue an enforcement notice or make a statutory

appointment. They can also consider whether the case raises concerns about the

organisation’s governance.

• Research has shown that the following housing associations have been downgraded, fined,

or had their governance questioned by the regulator:

o Your Housing Group – 32,000 properties across the North West, Yorkshire and

Midlands – failed to carry out gas safety checks on around sixty properties.

o Severn Vale Housing Society, Gloucestershire - had a number gas safety certificates

(CP12s) that had been expired for several years.

o Yorkshire Housing - had a number of CP12s out of date.

o Gallions Housing Association, Thamesmead, London – for exposing tenants to gas

safety risks.

o Guinness Partnership, Nationwide – downgraded for exposing tenants to gas safety

risks.

o First Wessex, Hampshire – for missed gas safety checks.

o Merlin Housing Society, South West – for missed gas safety checks.



2. Void Property Gas Capping

a. Capping Gas Supply

• When tenants vacate premises, the landlord has a duty to ensure that gas

fittings/appliances are safe before re-letting the property. Tenants may have removed

appliances unsafely, for example leaving open-ended pipes, failing to shut off the

emergency control valve, or left their unsafe appliances in place.

• Once a property becomes vacant and keys are handed in, the Voids & Lettings team raises a

job order in order to have the gas supply capped off within twenty four hours. A review of a

sample of ten properties that became void between 1 January and 15 May 2015 revealed in

all cases the gas had been capped off.

b. Uncapping Gas supply after a Re-let

• It is the new tenants’ responsibility to arrange a gas supplier of their choice and inform

them of the date they are taking over the supply. Once this has been organised and Adactus

has been informed, an order is raised for a gas engineer to uncap the gas supply within

three working days.

3. Gas repairs/Leaks

• A review of the contact centre script showed that the advice provided to a tenant who

contacts the contact centre to reports the smell of gas/fumes is for them to immediately

contact National Grid Gas Emergencies on 0800 111 999. The tenant is advised to open

doors and windows to let in air, make sure that all gas appliances are turned off, turn off the

gas at the mains, not to switch on or off the lights, and to avoid using other electrical

switches and appliances. They are also advised not to smoke, light a match or any other

naked flame.

• If the tenant refuses to contact National Grid then the staff member is required to

telephone National Grid immediately on their behalf and provide them with information

they require.

• If the caller is not the tenant (they maybe a neighbour or passer by) then contact centre

staff are required to immediately telephone National Grid and provide them with

information they require and also try to contact the tenant to advise them what has been

done.

4. Gas Installations

Competency of Gas Engineers

• The group employs seventeen gas engineers to carry out gas repairs and servicing. Gas

engineers are required to follow the Nationally Accredited Certification Scheme (ACS) that is

the industry recognised and accepted route for operatives to gain a certificate of

competence needed to become a member of the Gas Safe Register. The ACS covers all

areas of gas work including domestic appliances, liquid petroleum gas, meter installation



and emergency service provision. Without registration, gas engineers are not permitted to

carry out their role.

• A review was carried out to ensure the gas engineers are qualified and registered with Gas

Safe. It revealed all seventeen gas engineers were registered on the Gas Safe Register with

details of their qualifications and the work they can do for example, pipework, combustion

analysis, gas boiler, water heater, and meters.

• Compliance with the Register is managed by the Gas Compliance Manager. A review

revealed that records are maintained to ensure that gas engineers’ registration with Gas

Safe is updated annually and refresher courses are provided on a timely basis to ensure their

qualification, skills and knowledge of legislation is kept up to date.

5. Additional information

• A prepayment meter permits the tenant to pay for energy before they use it. The tenant

should ensure they purchase credit for their meter using their own programmed payment

card to ensure that the money is credited to their account. If a card is used from a previous

supplier the money paid may not be credited to the correct account, or may result in the

wrong rate being applied, and payment being made to the wrong supplier. A new card will

ensure that any debt left on the meter by the previous tenant is not charged to the new

tenant.

• The Gas Supplier is responsible for the gas meter. If, during any gas work, a gas engineer

suspects that a meter has been tampered with then the correct course of action would be to

report this to the gas supplier in order for them to take necessary action. Where an unsafe

situation is encountered in relation to the gas meter, this is reported to the Emergency

Service Provider (ESP, usually National Grid). The installation will be made safe by the

Group’s gas engineer and reinstated by the ESP when safe to do so. A review showed only

two reports of tampered meters had been made between 1 April 2014 and 11 May 2015.

What we liked:

•••• 85% of first time access was achieved to carry out a gas safety check.

•••• Tenants are offered out of hours appointments on Saturday mornings in cases where work

commitments prevent a gas safety check during normal working hours.

•••• Tenants are presented five points of communication before commencing legal action to gain

access.

•••• The next service date is automatically generated following a gas safety check.

•••• Tenants are offered an incentive to encourage first time access to facilitate a gas safety

check.

•••• Visual inspection of tenant owned appliances is carried thus identifying unsafe appliances

and a risk to the tenant.

•••• Gas engineers explained to the tenant the purpose of their visit at a gas safety check

appointment.



•••• Advice given to tenant regarding standing charge to meters.

•••• Contact centre script for providing advice to callers reporting a smell of gas.

•••• Monitoring arrangements for ensuring gas engineers registration with Gas Safe Register,

qualifications, training, and knowledge of legislation is kept up to date

•••• Data Barring Service checks are carried out on gas engineers to ensure vulnerable adults and

children they may come into contact with are safeguarded.

What concerned us?

• There were no concerns at this stage.

What else could we look at?

• Review long term void properties to ensure a gas safety check has been carried out within

the last twelve months.

• Check that tenants are reminded of the gas safety check appointment by telephone or text

prior to the appointment.

• Review to determine whether court costs relating to injunctions are recharged to tenants.

• Review of recharges to ensure payments are received from tenants.

• Review the common reasons why tenants deny access resulting in legal proceedings.

• Review time taken to cap gas once a property becomes void and keys are handed in.

• Review of time taken to uncap gas once a property is re-let.



Appendix

Staff Interviews

The following interviews were carried out with staff:

Name Role Date

interviewed

Topics covered

Ivan Meredith Gas Compliance Manager 8/4/15 Gas Servicing procedure

Compliance

Gas Safe Registration

Qualifications/Training

Lorraine Newton Gas Administration Manager Gas Servicing procedure

‘No Access’ procedure

Prize Draw

Injunctions

Lloyd Stephenson Performance Manager 11/5/15 Gas Leaks

Warning Notices

Meters

Recharges

Dean Wall Voids & Lettings Manager 11/5/15 Gas Capping/Uncapping of

Void properties

Lynsey Hooper Contact Centre Manager -

Repairs

Contact Centre Scripts for

gas leaks

Pat Carr Gas Administration Officer 18/5/15 Injunctions

Documents

Scrutiny Panel gas safety interim report