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Southwark Council (202104317)

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REPORT

COMPLAINT 202104317

Southwark Council

2 August 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
    1.  The handling of the resident’s request for compensation for damage to their possessions
    2. The handling of the resident’s application for housing following a fire at their previous property.

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. There was a fire in the resident’s home on 16 March 2020. The resident subsequently made an application for housing to the Council.
  2. On 17 March 2020, the Council placed the resident in temporary accommodation following an assessment of their circumstances. The Council also placed the resident’s housing application in Band 1, which is the highest priority award to bid for housing.
  3. On 20 October 2020, the resident made a formal complaint to the Council about its handling of their application for housing. The resident also complained about the Council’s failure to compensate them for their personable belongings which were damaged in the fire, along with the suitability of the temporary accommodation they were placed in.
  4. On 27 October 2020, the Council wrote to the resident confirming that they had successfully bid for a two-bedroom property. The resident subsequently declined the property and the Council wrote to them on 10 November 2020 explaining that this had been recorded as a first refusal.
  5. On 24 November 2020, the Council provided its final response to the complaint in which it explained that it had placed the resident in temporary accommodation a day after the fire and awarded them Band 1 priority. It also explained that the resident was successful in bidding for a two–bedroom property which they subsequently declined, and that the Council considered this to be an unreasonable refusal. The Council advised the resident to continue to bid for properties suitable to their needs.
  6. On 24 May 2021, the resident contacted the Ombudsman to complain about the Council’s handling of their application for housing consequent to the fire.

Reasons

  1.  Paragraph 39 of the Scheme states that the Ombudsman will not investigate complaints which;

(i) 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;

(m) fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body;

  1. The resident’s request for compensation has not been considered under the council’s complaint procedure as it is now the subject of an insurance claim. This part of the resident’s complaint concerns whether the landlord is liable for the damage to or loss of their possessions. If they are unhappy with the outcome of their claim against the landlord’s insurers, determining liability would be a matter for the Court. Therefore, in accordance with paragraph 39(i) of the Scheme, the Ombudsman cannot consider this complaint.
  2. The Housing Ombudsman considers complaints about housing associations and the landlord function of local authorities. Council’s carry out a wide range of issues relating to housing, some are carried out in its capacity as a landlord and others in its capacity as a local authority. The assessment of housing needs and allocation of temporary or permanent accommodation, either to applicants presenting as homeless or bidding through a choice based letting system, concern the Council’s actions as a local authority.
  3.  We are sorry to hear about the difficulty that the resident has experienced. However, this Service cannot consider complaints about the action of a local authority as they are a matter for the Local Government and Social Care Ombudsman. The contact details for the LGSCO are as follows:
  4. https://www.lgo.org.uk/      0300 061 0614
  5. I note that the resident also complained about the standard of temporary accommodation they were placed in. Please be advised that this matter also falls within the remit of the LGSCO.