Bassetlaw District Council (202002925)
REPORT
COMPLAINT 202002925
Bassetlaw District Council
12 January 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
- The complaint concerns the resident’s eviction from their former property due to rent arrears, which they state arose due to errors in the administration of their claims for housing benefits, discretionary housing payments and universal credit.
Determination (jurisdictional decision)
- 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.
- 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
- The resident is a former tenant of the council. Their property was managed by an arm’s length management organisation (ALMO) on the council’s behalf.
- From the information provided by the resident and the council, the following has occurred.
- The resident’s housing benefit claim was reassessed in November 2016 and the council reduced the resident’s entitlement. The resident disputes the council’s account of its requests for further information relating to the claim.
- The council states that the resident’s housing benefit claim was stopped in January 2018. It explained that Universal Credit came into effect in the area on 13 December 2017. Therefore, when the resident reapplied for housing benefits, they were directed to the department of work and pensions to claim universal credit.
- The council’s response to the resident’s complaint goes on to provide information about how their universal credit payments were used to pay rent. It also discusses the award of a discretionary housing payment.
- Finally, the complaint addresses issues around rent arrears relating to the resident’s former tenancy. The council explains that in July 2018, the ALMO sought a possession order for rent arrears. It explains that a suspended possession order was granted by the Court on the proviso that the resident make payments towards their arrears.
- The council explains that the ALMO was granted a warrant to enforce the possession order. This warrant was suspended while the ALMO tried to find the resident a smaller property. The council explained that the ALMO offered the resident a property which they rejected, at which point it applied to Court for a warrant of possession which was granted for and executed on 18 January 2019
- This Service understands that the resident disputes the council’s findings.
Reasons
- Paragraphs 39 (d), (h) and (m) of the Scheme states that…
The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:
(d) were brought to the Ombudsman’s attention normally more that 12 months after they exhausted the member’s complaints procedure;
(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
(m) fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body;
- The council issued its final response to the complaint on 4 April 2019. This Service did not receive the resident’s complaint until 10 July 2020, more than fifteen months after the final decision.
- The assessment and administration of housing benefit claims, and the decision to grant discretionary housing payments, are the responsibility of the local authority. Complaints about the local authority’s handling of these issues are a matter for the Local Government and Social Care Ombudsman to consider.
- Universal credit is administered by the Department of Work and Pensions. The DWP has its own complaint process. If a customer remains dissatisfied with the DWP’s assessment of their complaint, they can refer it to the Parliamentary and Health Service Ombudsman.
- I am therefore satisfied that, in accordance with paragraph 39 (m) of the Housing Ombudsman Scheme, the complaints about the administration of housing benefits, discretionary housing payments and universal credit are not within the jurisdiction of the Ombudsman to consider further.
- This Service cannot consider complaints about issues which have already been considered in court. In this case, the ALMO brought a possession claim for rent arrears to Court, resulting in a possession order and subsequent warrant for possession being granted. I am therefore satisfied that, in accordance with paragraph 39 (h), the complaint about rent arrears is not within the jurisdiction of the Ombudsman to consider further, as it has already been considered in Court.
Information about the following services may be helpful to the resident:
The DWP’s complaint process can be found at:
Information about the Parliamentary and Health Service Ombudsman:
Information about the Local Government and Social Care Ombudsman: