Birmingham City Council (202111917)

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REPORT

COMPLAINT 202111917

Birmingham City Council

31 August 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 complaint concerns the Council’s response to the resident’s reports of a leak from the shower causing a hole in the floor.

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 tenancy was granted under Paragraph 4 of Schedule 1 Housing Act 1985 pursuant to the Council’s functions contained in Part VII of the Housing Act 1996 (homelessness). The licence to occupy the property on a temporary basis commenced on 10 May 2017. The property is a four bedroom house.
  2. The representative (on behalf of the resident) raised a formal complaint with the Council on 11 March 2020 regarding issues they had been experiencing with their shower which they said had been ongoing for almost two years. He explained the shower unit on the top floor of the property was leaking through the floor and ceiling into the bedroom on first floor below. This brought a bad smell, along with the burden of having to dispose of the collected water and this problem had also added to existing damp issues within the property.
  3. On 26 March 2020, the Council provided a complaint response advising the representative that it had investigated his complaint and that a repair was carried out to the shower unit on 10 March 2020 whereby the plumber had put up plastic boarding to stop the leak. It said however that as this did not seemed to have worked, its repair contractor would visit again on 27 March 2020 to further investigate. Its contractor had asked it to pass on their apologies for any inconvenience caused regarding completing this repair.
  4. On 17 June 2020, the Council provided a further complaint response stating its contractors had advised that a multi skilled operative and the supervisor attended the property 16 June 2020 and arranged to re-visit the property on 18 June 2020. It said works including removing tiles and the blown plasterboard, renewing  the board, re-fixing tiles, removing and re-fixing shower cubicle and shower tray would be carried out on that date. An electrician had also been booked in to remove the electrical shower and then to reinstate it at the end of the day. The Council apologised again for the upset and inconvenience the delay to this repair has caused the resident and her family.
  5. On 13 February 2021, the representative contacted the Council to advise that the situation with the shower had deteriorated to the extent that the hole in the ceiling was bigger than before. This was a major health and safety concern for them as dirty shower water spilled down into the bedroom below.
  6. On 18 February 2021, the Council provided a final response to the complaint. This acknowledged the representative’s request for his complaint to be reviewed. It said that an appointment had been arranged for 2 and 3 March 2021 for its repair contractor to complete the work required at the property and that a Supervisor at its repair contractor had spoken to him directly about this. It apologised for the delay and inconvenience caused by the situation. If he remained dissatisfied with the outcome of its investigation he may wish to take the matter further. The Council provided contact details for the Housing Ombudsman.
  7. In August 2021, the representative told the Ombudsman that the issue had still not been resolved. He said to put the issue right he would like the Council to replace the shower unit and to ensure water was not leaking onto the floor/ceiling below.
  8. The Council’s repair records indicate further works were carried out to the ceiling and shower unit later in 2021 however it is unclear if these works fixed the issue.

Reasons

  1. Paragraph 39(m) of the 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.
  2. Complaints that concern the management of temporary accommodation, under Part 7 of the Housing Act 1996, fall within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO).
  3. The tenancy agreement provided to this Service  confirms that the resident’s tenancy was granted by the Council in pursuance of its homeless functions of the Housing Act 1996. Therefore, the complaint regarding the Council’s handling of the leaks in the property concerns the management of the temporary accommodation they were living in (and still are). It is clear therefore that this relates to the Council’s  responsibilities for the management of temporary accommodation.
  4. As such, this complaint falls within the jurisdiction of the LGSCO and in accordance with paragraph 39 (m) of the Scheme, this complaint is not one which the Ombudsman can investigate further.