Haringey Council (202107358)

REPORT

COMPLAINT 202107358

Haringey Council

27 January 2022

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 resident’s complaint concerns the following issues:
   1. That the property was not suitable for their needs
   2. That the property was in a state of disrepair

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. The resident was a secure tenant of the landlord and lived in a maisonette in a purpose built block. In 2020, the resident gave notice to terminate their tenancy, the tenancy ended on 11 May 2020.
5. In July 2020, the resident submitted a complaint to the landlord. They explained that the council offered them their former property in June 2003. The resident described their son as being “severely autistic, suffers epilepsy and vulnerable”. They explained that they did not believe that the property offered to them by the council was suitable for the needs of their families and that residing in the property had a negative impact on her relationship with their former partner and the health and wellbeing of their family.
6. This Service understands that the resident applied to the council for alternative housing while they lived in the property but were unable to find suitable accommodation. The resident then found alternative accommodation and moved from the property in May 2020.
7. The resident also complained about the condition of the property, stating that it was in a poor condition throughout the majority of their tenancy.
8. The landlord provided a response under stage one of its complaint procedure on 25 September 202, and a final response on 19 April 2021.
9. In its responses to the complainant, the landlord explained the following:
   1. It did not agree that the property offered to the resident did not meet their needs when they accepted it in 2003.
   2. The resident had brought a disrepair claim which was settled in mid-2018, with compensation of £9400 and legal costs being paid to the resident as “full and final settlement of their claim”.

Reasons

10. Paragraph 39 (e), (h), (i), and (m) and of the Scheme states that

(39) “ The Ombudsman will not consider complaints which in the Ombudsman’s opinion:

(e) “were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising”

(h) “concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings”

(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”

11. There are several parts to the resident’s complaint which require consideration.
12. First, that the resident’s property was not suitable for their needs. The Ombudsman expects complaints to be brought within a reasonable timeframe of an issue’s occurrence, which we consider to be six months The resident’s tenancy commenced in 2003, the complaint brought to this Service was made to the landlord in 2020. The Ombudsman also cannot investigate complaints about how councils assess housing needs and the suitability of properties they offer, this is something that a council does as a local authority and is therefore a matter for the Local Government and Social Care Ombudsman.
13. Second, the suitability of the resident’s housing throughout their tenancy.
14. The landlord does not necessarily have an obligation to provide residents with alternate housing if their situation changes, it is often the case that the resident would be referred to the council to have their needs assessed and apply for alternate accommodation. It is clear that, in this case, the resident was advised to do this and, while the council is also the resident’s landlord, its assessment of housing needs is something it does as a local authority. Therefore, the council’s assessment of the resident’s housing needs and the resident’s ability to source more suitable accommodation through the council’s housing allocation process falls within the jurisdiction of the Local Government and Social Care Ombudsman.
15. The resident’s complaint about repairs at the property. The resident complained that the property was in a poor state of repair since the start of their tenancy. Information provided by the landlord shows that the resident filed a disrepair claim for this issue which was settled out of court with compensation. The Ombudsman cannot investigate complaints which have been subject to legal action.
16.  Finally, the resident’ complaint that living in the property has caused harm or injury to her and her family. The Ombudsman cannot make an assessment of damage caused through injury or other circumstances as this is a matter for the Court to consider. If the resident wishes to pursue this issue further, they may wish to seek further legal advice.
17. I am satisfied that, for the reason above, the complaint is not one that the landlord can consider.