Peabody Trust (202220619)

REPORT

COMPLAINT 202220619

Peabody Trust

1 March 2024

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

1. The landlord’s response to the resident’s request for a copy of a legionella’s report.
2. The associated complaint.

Determination (jurisdictional decision)

3. 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.
4. 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

5. The resident raised a formal complaint to the landlord on 23 August 2022 regarding her request for a copy of a legionella testing report from October 2021 and roof maintenance report from April 2022.
6. The landlord provided its stage 1 response on 16 October 2022, where it provided the resident with a copy of the legionella report and confirmed that the roof maintenance report was being handled by another department.
7. The resident escalated her complaint on 22 October 2022 as she remained dissatisfied with the landlord’s complaint handling and did not satisfactorily address her concerns raised.
8. The landlord provided its stage 2 response on 18 November 2022, where it provided the resident with responses to each of her points, including that an initial complaint was not raised in August 2022 as it was deemed that it was a request for the report and not a failure in service.
9. As the resident remained dissatisfied with the landlord’s response, the complaint was referred to the Ombudsman on 5 December 2022.
10. While waiting for the complaint to be investigated, the Ombudsman issued a determination for case 2022220504. The complaint investigated included the following definition:
    1. The landlord’s handling of the resident’s request for a copy of maintenance reports.
    2. The landlord’s complaint handling.
11. The Ombudsman ordered the landlord to pay compensation in relation to its handling of requests for maintenance copies and complaint handling. The landlord was also ordered to review its complaint handling of this case and advise this Service how it intends to improve. Particular emphasis should be on how it can improve its complaint handling where there are multiple complaints.

Reasons

12. Paragraph 41(l) of the Housing Ombudsman Code Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion concern matters which seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon.
13. After reviewing the determination made in the above case, the resident’s substantial issue regarding the request for maintenance reports has already been investigated. The landlord’s complaint handling has also been addressed and reasonable orders have been made.
14. Therefore, after carefully considering all the evidence, in accordance with paragraph 41l of the Housing Ombudsman Scheme, the complaint is outside of the Ombudsman’s jurisdiction.