North Tyneside Council (202101168)

REPORT

COMPLAINT 202101168

North Tyneside Council

20 May 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 complaint concerns:

a.     the Council’s assessment of the residents housing needs and banding allocation.

b.     Service provided by Adult Social Care.

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 January 2021, the council responded to the residents complaint at stage one. The resident requested escalation of the complaint to stage two in February which was responded to on 3 March. The resident then requested escalation to stage three. This service has not been provided with copies of the stage one and two response so it’s unclear what complaint points were initially raised.
5. On 23 March 2021, the council issued its final response to the complaint. It explained that it was responding specifically to the outstanding parts of the complaint which it understood to be about responses received from the Adult Social Care and the Housing Department regarding house banding. There were also outstanding concerns regarding a food parcel and council tax reduction enquiries. It concluded that there had not been any service failings and referred the resident to the Local Government and Social Care Ombudsman (LGSCO).
6. On 13 May, the resident confirmed to this service that her complaint concerned the council’s assessment of her housing needs and her application for it to review this assessment (banding) based on medical information she provided. In addition, she remained unhappy with the handling of her query concerning a council tax reduction and service from the Adult Social Care department.

Reasons

7. The Housing Ombudsman Scheme sets out the types of complaints which the Ombudsman can consider.  Paragraph 39 (m) of the Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: fall properly within the jurisdiction of another Ombudsman, regulator, or complaints-handling body; 
8. In part, the complaint concerns the council’s assessment of the residents application to it for housing and the priority issued to the resident under the council’s allocation scheme, which it carried out in its capacity as a local authority. Complaints concerning the actions of a local authority can be considered by the LGSCO. I am therefore satisfied that, in accordance with paragraph 39 (m) of the Scheme, this part of the complaint is not within the Ombudsman’s jurisdiction to consider further.
9. Complaints about council tax are also a matter for the Local Government and Social Care Ombudsman.
10. The complaint also in part concerns the actions of the Adult Social Care department which does not relate to the provision or management of social housing. In accordance with 39 (m) of the Scheme, this part of the complaint is also not within this services jurisdiction to consider and is better suited to the LGSCO.
11. Details for the LGSCO are as follows:

Local Government and Social Care Ombudsman

PO Box 4771

           Coventry

           CV4 0EH

           Tel: 0300 061 0614

           https://www.lgo.org.uk/contact-us