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Camden Council (202118084)

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REPORT

COMPLAINT 202118084

Camden Council

31 March 2022


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 landlord’s handling of the resident’s reports of noise disturbance from pipes.

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 resident is a tenant of the landlord. Her complaint concerns how the landlord has responded to her reports of noise disturbance from pipes. She advised the noise affects her sleep and her ability to relax in her home.
  2. The resident made a formal complaint to the landlord on 13 October 2020, advising that she did not have access to cold water as only hot water was coming out of her taps. The resident advised the situation was distressing as she was unable to bathe or shower.
  3. The landlord issued a final response to the resident’s complaint on 17 June 2021. The response addressed repairs to the resident’s cold water and hot water supply. The landlord upheld the complaint, acknowledging the delay, and offered the resident a total of £630 compensation.
  4. On 5 November 2021, the resident contacted this service to advise she is being disturbed by noises from pipes. The resident explained the disturbance started after the landlord carried out repairs to her cold and hot water in the property. The resident advised that she is seeking for the landlord to rectify the fault and compensate her for the distress caused by the noise. She provided this service with a copy of the landlord’s final response the same day.

Reasons

  1. Paragraph 39a of the Scheme states that…

‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale’

  1. The final response that the resident referred to this service concerned how the landlord had handled the resident’s reports of no cold water. The resident referred the landlord’s response to this service however advised they are complaining about the landlord’s response to their reports of noise disturbance.
  2. Paragraph 39a of the Housing Ombudsman Scheme states that the Housing Ombudsman Service can only investigate complaints which have exhausted the landlord’s complaint procedure. The resident as brought a complaint to this service about noise disturbance. This matter was not considered in the landlord’s complaint procedure, therefore it has not exhausted the landlord’s complaint procedure and is not a complaint that this Service can consider.
  3. On 10 March 2022, the landlord confirmed that the resident could raise a complaint about their concerns about noise disturbance from pipes. If the resident wishes to pursue the matter further, they can do this though the landlord’s internal complaints procedure. If the resident remains dissatisfied after receiving the final response, they are able to refer the matter to this service.