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Tower Hamlets Council (202102251)

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REPORT

COMPLAINT 202102251

Tower Hamlets Council

15 September 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 is about the Council’s handling of the resident’s application for housing, and its handling of the resident’s queries about rent arrears.

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 approached the Council to make a homeless application in September 2017. They were placed in temporary accommodation within the London Borough of Newham.
  2. In September 2020, the resident’s housing priority was increased by the Council as they had not been rehoused within three years of moving into temporary accommodation.
  3. The resident complained that they were under the impression that they would be moved to a different property after this date, and that they wanted to be moved to a bigger property within Tower Hamlets. They were also unhappy with the outcome of the Council’s assessment regarding the size of property they were entitled to.
  4. In its stage 2 response dated 1 June 2021, the Council advised that there is no indication on your acceptance letter stating that you will be moved to a different property after this date. It also confirmed that, in the meantime, the resident has been added to its internal transfer list for larger alternative temporary accommodation.
  5. Within its stage 2 response, the Council also addressed the resident’s concerns about rent arrears.
  6. The resident believed that their whole rent payment should be covered by their benefit entitlement. The Council explained that this was no longer the case due to benefit caps reducing the amount of housing benefit payable.
  7. The Council referred the resident to the Local Government and Social Care Ombudsman (LGSCO) if they remained unhappy with its response.
  8. Unhappy with the landlord’s response, the resident contacted this Service. They explained that they are complaining about the Council’s inability to provide suitable accommodation and that they do not feel they should be in rent arrears.

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 first part of the resident’s complaint centres around the Council’s assessment of their housing need and its allocations process. These processes were carried out by the local authority in accordance with its allocation process.
  2. The Council has advised the resident that their rent arrears came about following the introduction of benefit caps. The resident feels that their housing benefit should cover their rent in full. Complaints about the level of housing benefit concern the Council’s actions as a local authority in relation to benefit services.
  3. Complaints about a local authority fall within the jurisdiction of the LGSCO. The Ombudsman will not investigate complaints that fall within the jurisdiction of another Ombudsman.
  4. In accordance with paragraph 39(m) of the Scheme, this Service cannot consider the resident’s complaint as it is best dealt with by the Local Government and Social Care Scheme.
  5. The resident may wish to approach the LGSCO to see if it can consider their complaint. The LGSCO’s details are as follows:

Web: www.lgo.org.uk

Tel: 0300 061 0614