Camden Council (202229738)

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REPORT

COMPLAINT 202229738

Camden Council

31 May 2024


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 response to the resident’s concerns about the ongoing refurbishment works to the property adjoining the resident’s home.

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 secure tenant of the landlord, a local authority. The resident lives in an 8 bedroom house along with her son. The resident has advised the Ombudsman she is registered blind.
  2. The property adjoining the residents property was a privately owned property and not within the landlords housing stock. The complaint made by the resident related to the landlord’s enforcement service, not its housing management function.
  3. The refurbishment works were programmed to start in March 2022 and complete by February 2023. The resident started reporting issues with the works next door from April 2022. In July 2022, the resident was advised by the landlord to report any noise occurring outside the agreed working hours to the emergency response service, who would be able to send someone to witness the noise. It later clarified it was dealing with the residents reports as a noise nuisance under the Environmental Protection Act 1990 and if the resident felt threatened or frightened by the behaviour of the contractors to report this to the police.
  4. The resident complained to the landlord in August 2022 about works from the adjoining property and the contractors fighting amongst themselves. The landlord advised the resident the issues raised fell outside its formal complaints process and advised the resident to report the issue with contractors to the police. The resident was also advised how to report noise nuisance to the local authority emergency team.
  5. It is clear from the evidence provided that there have been extensive communications between the resident, her son and the landlord throughout the refurbishment work taking place. The landlord acknowledged the resident’s further complaint about the works next door on 6 February 2023, subsequently closed the complaint and advised the resident the issues raised fell outside of its formal complaints process.
  6. The resident advised the Ombudsman on 12 July 2023 that complaint was about noise nuisance and dust ingress from the property next door, she wanted to know that this would not be allowed to happen to others and a full explanation as to why the landlord did not act.

Reasons

  1. Paragraph 42(j) of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion fall properly within the jurisdiction of another Ombudsman, regulator, or complaint-handling body.
  2. The landlord is a local authority. Where a landlord is a local authority, the Ombudsman can only assess its actions in relation to its housing activities so far as they relate to the provision or management of social housing. Our remit does not extend to considering the actions of other local authority departments or functions.
  3. The landlord’s emergency response team, planning enforcement department, building control and its environmental health team, are services it provides in its capacity as a local authority to deal with statutory noise nuisance and planning disputes. The Local Government and Social Care Ombudsman (LGSCO) considers complaints about local authorities. Therefore, it is recommended that the resident approach the LGSCO with her complaint.