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Anchor Hanover Group (202105225)

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REPORT

COMPLAINT 202105225

Anchor Hanover Group

10 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 the resident’s concerns regarding the costs of the catering service provided within his accommodation.

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 residents tenancy agreement includes service charges for catering. Since 2017, the resident has been raising concerns regarding the value of the catering services provided. In short, the residents concerns range from the cost, service and standard of the food served.
  2. The landlord issued its final response on this matter on 4 April 2021. It observed that the resident had been raising concerns with the catering going back to 2017  and noted that this service had previously determined that the service charge for the catering provision was outside of our jurisdiction (Our ref 201713934 – determined on 8 November 2018).
  3. The landlord said that it would no longer respond to complaints concerning the matter and referred the resident to the First Tier Tribunal (FTT) and also this service.
  4. The resident referred his complaint to this service. He explained the reason for the referral was, in part, due to the difficulties he would experience in going to the FTT. He also explained that he was not clear whether or not his complaint was within the Ombudsman’s jurisdiction to consider. 

Reasons

  1. Paragraphs 39 (g) and (o) of the Scheme states that :The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion,

(g) concern the level of rent or service charge or the amount of the rent or service charge increase;

(o) seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon;

  1. It is clear from the information provided that the resident is disputing whether the cost of the catering service is reasonable. In accordance with paragraph 39 g of our scheme, the Ombudsman will not investigate matters relating to the level of service charges and as such the case is not within our jurisdiction to consider. Whilst I appreciate it may be difficult for the resident to contact the FTT concerning his complaint, they are the correct body to consider cases concerning the level and reasonableness of service charges based on the service received.
  2. Furthermore, this service has already issued a determination on an earlier complaint concerning this issue. That determination found that this was a matter for the FTT to consider and the Ombudsman will not investigate complaints about matters that the Ombudsman has determined on a previous case.