Birmingham City Council (202000068)

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REPORT

COMPLAINT 202000068

Birmingham City Council

3 December 2020


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 Council’s assessment of the residents housing needs.

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. 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 resident contacted the council in August 2019, requesting a three bedroom property. She explained the need for a three bedroom property was due to medical grounds.
  2. In December 2019, the resident logged a formal complaint with the council about its assessment of her application for housing.
  3. In April 2020, the council issued its final response to the complaint.  The council acknowledged that the resident had requested that it reassess the priority of her housing needs based on the condition of their property and on the medical needs of their family. The council’s position was that it had asked for supporting evidence but had not received this. The resident’s complaint to this Service disputes this .
  4. In its final response to the complaint, the council referred the resident to the Local Government Ombudsman Service if she remained unhappy with the response.

Reasons

  1. Paragraph 39 (m) of the Housing Ombudsman Scheme sets out 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. The complaint concerns the council’s assessment of the resident’s application for housing, in its capacity as a local authority. The Local Government and Social Care Ombudsman is the appropriate body to consider complaints about such issues.
  3. The complaint is not within the Ombudsman’s jurisdiction to consider in accordance with paragraph 39 (m) of the Scheme as it falls more properly within the jurisdiction of the LGSCO.
  4. Details for the LGSCO are as follows:

Local Government and Social Care Ombudsman

PO Box 4771

Coventry

CV4 0EH

 

Tel: 0300 061 0614

https://www.lgo.org.uk/contact-us