Broxtowe Borough Council (202101020)

REPORT

COMPLAINT 202101020

Broxtowe Borough Council

16 June 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 is unhappy with the Council’s handling of a consultation process when reviewing independent living schemes in the area.

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 is a leaseholder of two properties. In September 2020, the resident was sent a consultation survey regarding the proposed change in status of Independent Living tenants.
5. In November 2020, the Housing Committee of the Council made the decision that all properties within the Independent Living scheme would be reclassified as General Needs from 1 April 2021.
6. Unhappy with the outcome of the consultation and believing that not all residents had been consulted, the resident made a formal complaint to the Council.
7. In response, the Council acknowledged that there had been mixed communications, but confirmed that the consultation and associated survey was only intended to be offered to Independent Living tenants.
8. The resident referred their complaint to this Service in April 2021.

Reasons

9. Paragraph 36 of the Housing Ombudsman Scheme states that:

The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.

10. The resident’s complaint concerns the landlord’s decision to vary or change the type of tenancies provided to some residents in the area. The proposed change would see tenancies reclassified from Independent Living to General Needs tenancies.
11. The resident is a leaseholder whose occupation of their property is agreed under a Leasehold Agreement. As the resident is not a tenant, changes to tenancy agreements cannot have any impact on the resident’s right to occupy their property, nor on the landlord’s obligations under the leasehold agreement.
12. I am therefore satisfied that, in accordance with paragraph 36 of the Scheme, the Ombudsman cannot investigate this complaint.
13. Similarly, whilst understandably frustrating for the resident, being invited to partake in a consultation about this matter is not something that the Ombudsman can investigate either.