Kingston upon Thames Council (202116756)

REPORT

COMPLAINT 202116756

Kingston upon Thames Council

29 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 is about the Council’s handling of the resident’s complaint about antisocial behaviour originating from a property that is managed by another organisation.

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 May 2021, the resident contacted the Council and complained about antisocial behaviour, taking place in a property on a neighbouring street, which this Service understands to be located across an open space from the resident’s property.
5. In its stage 2 response dated 17 June 2021, the Council explained that the property in question is managed by a different organisation. It went onto explain what actions had been taken by various parties to attempt to deal with the antisocial behaviour.
6. The Council referred the resident to the Local Government and Social Care Ombudsman if they were unhappy with its response.
7. Unhappy with the Council’s response, the resident asked this Service to look at their complaint.

Reasons

8. Paragraph 36 of the Housing Ombudsman Scheme states that:

“The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.”

9. 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 the another Ombudsman, regulator or complaint-handling policy.”

10. The antisocial behaviour the resident reported is taking place in a property on a neighbouring street. This Service can only consider complaints about a member landlord who manages the resident’s property and how it responds to queries and complaints about matters relating to the resident’s occupation of their property.
11. This Service understands that antisocial behaviour occurring in the wider area around the resident’s property could be a cause of inconvenience or distress to the resident. However, management of this issue does not relate directly to the resident’s property, nor is it a responsibility of the council in its capacity as the resident’s landlord. Therefore the Ombudsman cannot consider this complaint.
12. The Council has been investigating the resident’s antisocial behaviour reports in its capacity as a local authority. Complaints about a local authority fall within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO). The Ombudsman will not investigate complaints that fall within the jurisdiction of another Ombudsman.
13. 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