A DAMNING report by the government's Housing Ombudsman Service has concluded that Two Rivers Housing Association 'failed' in its duty to one of its Forest tenants when dealing with both asbestos works and condensation.

The Forest's largest housing association, which manages around 3,600 homes, is also criticised for employing a contractor without qualifications to cut or remove asbestos, for failing to follow Health and Safety Executive guidelines and for not keeping Forest of Dean District Council officers properly informed.

The investigation by the ombudsman follows a long running complaint by Brian Jackson of Baynhams Walk, Broadwell.

Two Rivers and its contractors carried out a series of works on Mr Jackson's bungalow to resolve condensation issues culminating in the grinding of 10 three inch venting holes in June 2009 in what was later revealed as asbestos board.

Mr Jackson has maintained that as a result of drilling the vents when his windows were open asbestos dust potentially filled his kitchen and lounge, leading to his fears of potentially long-term health problems.

The final ombudsman's report, which has just been published, states:

•On asbestos works: "The Association (Two Rivers) did not follow the procedure it had in place in regard to asbestos nor did it adhere to the demands of the relevant legislation in regard to asbestos. It failed to provide appropriate information to the contractors in relation to the presence of asbestos or to ensure the contractors were authorised to work with asbestos. It also provided contradictory and misleading information to you (Mr Jackson)."

•On damp and condensation: "The Association acknowledged there were problems with damp/condensation in your property. The Association has some records of some of the damp/condensation works between 2005 and 2009. However, these records do not adequately detail the extent of the faults and the potential impact of lifestyle on the problem."

The Ombudsman service ordered Two Rivers to pay compensation for its: "Failings in relation to how it dealt with the asbestos" and for matters relating to condensation. The compensation has now been paid.

Mr Jackson's complaint against Two Rivers has been a long running one, beginning in 2005.

Furthermore, the issues surrounding his complaint and the findings of the Ombudsman's report may have implications for what could be many other properties of a similar age in the Association's ownership – which it took over en masse from the Forest of Dean District Council.

The Ombudsman's preliminary investigation found Two Rivers made attempts to resolve condensation issues in the bungalow. Finally, on June 24, 2009, Two Rivers employed contractors Rainbow International, which has a base in Ross on Wye, to instal extractor units in the kitchen and bathroom and fit soffit vents to the front and rear of the property and vents to internal doors.

It turned out the vents in the front soffits were cut through asbestos board. Rainbow International states their workers did not know this, although its reports are contradictory. Nor did it have the appropriate licenses or accreditation to work with asbestos – its certification was later found to have 'expired'.

In the preliminary assessment, which stands, the Ombudsman states: "Prior to commencing work in June 2009, Rainbow International emailed the Association (Two Rivers) on a number or occasions to ask if asbestos was present at the property.

"The Association did not respond. As the Association did not respond Rainbow Internation advised they would assume there was no asbestos at the property and install soffit vents....."

Mr Jackson was only told there was asbestos in his property more than two months after the venting works and air tests for asbestos fibres were not carried out until August 28, 2009. Mr Jackson complained to his local councillor, Cllr Terry Hales, MP Mark Harper and the Health and Safety Executive (HSE) based in Bristol.

The Ombudsman notes: "Mr Jackson was concerned about how the contractors carried out the work and his possible exposure to asbestos dust as the windows of his property were not closed at the time of the drilling. He contacted the association (Two Rivers), his local councillor and the council who wrote to the association. The association responded to the council in July 2009 advising work had been carried out in accordance with HSE guidelines and including RI's (Rainbow International's) certificate of asbestos awareness.

"Since advising the council of this information the association subsequently became aware that RI's asbestos related certification had expired and did not permit the cutting/removal of asbestos and RI had not followed HSE guidelines in regard to asbestos removal. The association did not inform the council of the misinformation."

The HSE did serve an improvement notice on Two Rivers, but the Ombudsman notes:

"... at the time of the incident the association did not have the appropriate asbestos management plan, nor did it follow the procedure it did have in place in regard to the control of asbestos. It did not adhere to the demands of the relevant legislation as details. It also did not follow HSE guidelines on ensuring those working with asbestos have the appropriate certification.

Additionally: "...."Despite the Association acknowledging its failings to the HSE it has failed to acknowledge or apologise to Mr Jackson that procedures were not followed and has failed to apologise for the miscommunication that followed the incident. It is of concern that the association did not issue any response to Mr Jackson regarding the nature of what happened in relation to the asbestos, nor deem it necessary to offer an apology."

Questions are now to be asked over the role of the Health and Safety Executive, the position of senior managers at Two Rivers and whether legal action should be taken.