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Southwark Council (202106680)

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REPORT

COMPLAINT 202106680

Southwark Council

12 October 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 the assessment of the resident’s housing needs.

Determination (jurisdictional decision)

  1. 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.
  2. 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

  1. The resident made an application to the Council for housing, explaining that they had medical needs which their current property did not meet, and that their home was overcrowded.
  2. The resident raised a complaint with the Council that the banding priority awarded to his housing needs was incorrect. The resident believed that he should be awarded a higher priority banding.
  3. The Council provided a final response to the complaint on 9 March 2021. It explained that it was satisfied that the resident’s housing needs had been correctly assessed in accordance with its allocation policy and would not change their banding.
  4. The resident brought the complaint to this service on the 18 June 2021. The resident explained that he felt that the property was overcrowded, and his medical needs had not been considered.

Reasons

  1. Paragraph 39 (m) of the Housing Ombudsman 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 complaint-handling body;

  1. The resident’s complaint concerns the assessment of his housing need by the local authority, following an application for housing.
  2. The application and management of a Council’s housing allocation policy, concern the Council’s actions as a local authority.
  3. Complaints about local authority’s and their assessment of housing needs are a matter for the Local Government and Social Care Ombudsman.
  4. I am therefore satisfied that, in accordance with paragraph 39 (m) of the Scheme, this is not a complaint which the Ombudsman can investigate further.
  5. Local Government and Social Care Ombudsman details are as follows: www.lgo.org.uk 0300 061 0614.