Catalyst Housing Limited (201910076)

REPORT

COMPLAINT 201910076

Catalyst Housing Limited

13 February 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 complaint is about the landlord’s decision not to change the resident’s housing transfer band.

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 secure tenant of the landlord, which is a housing association.
5. In September 2019 the medical priority band C was awarded to the resident.
6. The resident’s son disputed this banding and made a formal complaint to the landlord. In its complaint response dated 8 October 2019, the landlord explained that the information he had provided had been previously examined by its medical adviser who recommended that the application be awarded band C. The landlord said if the resident provided it with new medical evidence, it would request a re-assessment.

Reasons

7. Paragraph 39(m) of the Scheme states:

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

            (m) fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body.

8. The landlord confirmed to the Ombudsman that it allocated properties via a choice-based lettings system on behalf of the local authorities in the area in which the resident was seeking to be rehoused.
9. The Ombudsman cannot consider complaints about applications for re-housing that meet the reasonable preference criteria (dealt with by the local authority of any other body acting on its behalf, which includes housing associations). This includes complaints about the assessment of such applications, the award of points or banding. Such complaints are considered by the Local Government and Social Care Ombudsman (LGSCO).
10. The LGSCO have confirmed that the case appears to be in their remit and would consider the matter if it were referred to them.
11. With the resident’s permission, the Housing Ombudsman will provide the resident’s file to the LGSCO for consideration of his complaint. The resident will also need to contact the LGSCO to confirm if he wishes to pursue a complaint with them.