Longhurst Group Limited (202315493)

REPORT

COMPLAINT 202315493

Longhurst Group Limited

11 July 2024

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 landlord’s response to the resident about:
   1. Its capping of the gas supply.
   2. Faulty extractor fans.
   3. Low toilet pressure.
   4. A broken external light.

Jurisdictional Determination

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 complaints, as set out above, are not within the Ombudsman’s jurisdiction, in accordance with paragraphs 42.a and c of the Housing Ombudsman Scheme.

Summary of events

4. The resident is a tenant of the landlord. She moved into the property that was the subject of her complaints in 2011, and moved out of it in September 2023. The resident’s household included vulnerable individuals.
5. In mid-October 2022, the landlord capped the property gas meter after reported attempts to service the boiler since August 2022. In mid-November 2022, the boiler was serviced and the gas meter was uncapped.
6. The resident complained about the gas meter being capped, and the landlord provided a stage 1 response in March 2023. This said the resident should escalate the complaint within 1 month if she was unhappy with the response.
7. In early July 2023, the resident is understood to have contacted the landlord about issues including service charges, repairs and the capped gas meter.
8. On 21 July 2023, the landlord emailed the resident. This said:
   1. It had previously provided a final response to the service charge complaint, and the Ombudsman could be asked to investigate this.
   2. It had responded to the capped gas meter complaint in March 2023, and it did not appear that she had contacted it within the 1 month deadline.
   3. A recently reported issue with extractor fans would be classed as a new report, as records only referred to issues in 2015, 2016 and 2017, and would not be considered as a formal complaint due to the timescales.
   4. An issue with toilet pressure would also be classed as a new repair report, and would not be considered under the formal complaint procedure.
   5. A repair for an external light had exceeded timescales and been raised as an early stage complaint.
9. In late July 2023, the resident contacted the Ombudsman. She raised dissatisfaction with the complaint response concerning service charges. She was also unhappy that the landlord had refused to investigate multiple issues.
10. In March 2024, we requested evidence from the landlord and the same month, we issued a determination for the service charges complaint.
11. On 31 May 2024, the landlord provided a stage 1 complaint response about the handling of recent repairs for the extractor fan, toilet pressure and external light. There is no evidence that the complaint has been progressed through the landlord’s complaints procedure.

Reasons

12. The Housing Ombudsman Scheme sets out what the Ombudsman may and may not investigate.
13. Paragraph 42.a of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
14. Paragraph 42.c of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising.
15. Before the resident contacted the Ombudsman in late July 2023, there is no evidence that the capping of the gas supply complaint was escalated within 1 month of the stage 1 response, in line with the landlord’s policy, and exhausted the landlord’s complaints procedure. There is also no evidence that historical extractor fans, toilet pressure and external light complaints were brought to the landlord’s attention as complaints within a reasonable period of when they arose, or that any complaint related to these issues had exhausted the complaints procedure. This means that these complaints are outside of the Ombudsman’s jurisdiction and will not be investigated.
16. The resident has the option to progress more recent complaints, such as the one about the more recent repairs for the extractor fan, toilet pressure and external light, through the landlord’s complaints procedure. She then has the option to refer any final complaint responses she receives to the Ombudsman to investigate. The resident also has the option to seek independent advice if she feels the landlord was negligent for historical issues and is liable for compensation for the impact on her and her family.