Camden Council (202000212)

REPORT

COMPLAINT 202000212

Camden Council

3 March 2021

Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

1. The resident alleges that damage was caused to his belongings during replacement flooring works organised by the council.

Determination (jurisdictional decision)

2. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
3. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. In around February 2019 the council undertook replacement flooring works in the resident’s property.
5. The resident was not allowed to be present at the time due to health and safety concerns.
6. On returning to the property, the resident noticed damage to his belongings, including the washing machine, his bedding and curtains.
7. The resident made the council aware of the damage, and an insurance claim was directed to the council’s insurers. The insurer found that the council had no liability for the damage.
8. In its final response of 20 July 2020, the landlord explained that it did not uphold the complaint as the liability claim to its insurers had been unsuccessful.
9. The resident brought the complaint to the Ombudsman after the council confirmed that they did not believe any compensation was due.

Reasons

10. Paragraph 39(i) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion…concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.
11.  The resident’s complaint hinges on whether the council is liable for the damage caused to his belongings. The landlord has relied on the findings of its insurers and stated that it does not believe it is liable for damage
12. These issues would be better assessed by a court, who are more likely to have the appropriate authority to issue a binding decision about any liability and order damages be paid where it found that the council were liable to do so.
13. Therefore, in accordance with paragraph 39(i) of the Scheme, the Ombudsman will not investigate this case further as it is a matter for the Courts to determine.