Brighton and Hove City Council (202004322)

REPORT

COMPLAINT 202004322

Brighton and Hove City Council

23 April 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 resident feels that the Council did not handle his insurance claim appropriately, causing delays in the process.

Determination (jurisdictional decision)

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 complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. The resident’s shower started leaking in August 2020. This caused damage to the resident’s carpets.
5. The damages were referred to the Council’s insurers.
6. In October 2020, the landlord’s insurers informed the resident that they would not cover the damage as the leak was the result of mis-use of the shower.
7. The resident asked for this decision to be reviewed.
8. In February 2021 the insurers confirmed that, after review, liability would now be attached to the Council and settled the claim.
9. The resident then complained that the Council had given inaccurate information to the insurers, which he feels resulted in the claim being declined initially.
10. The Council issued their stage 2 response in March 2021, and denied providing incorrect information to the insurers.
11. Unhappy with this response, the resident asked this Service to consider his complaint.

Reasons

12. Paragraph 39 (i) of the Scheme states: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion…concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.
13. Complaints about the outcome of an insurance claim would be better handled by the courts, and/or by speaking with the insurers to discuss any concerns about information given to them in the course of the investigation.
14.  In accordance with paragraph 39 (i) of the Scheme, the Ombudsman cannot consider this complaint further.
15. If the resident wishes to pursue the matter further they may wish to contact Citizens Advice or seek their own independent legal advice.
    1. www.citizensadvice.org.uk
    2. 0800 144 8848