Clarion Housing Association Limited (202012470)

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REPORT

COMPLAINT 202012470

Clarion Housing Association Limited

4 December 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 resident’s concerns that the landlord disclosed information about them to a neighbour.

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. On 22 June 2021, the resident raised a complaint to his landlord concerning an alleged data breach. The resident stated that they believed that the landlord had disclosed their name and email address to a neighbour. He requested an investigation into the matter.
  2. On 2 July, the landlord issued its stage one response to the complaint. It concluded that there was no evidence of a data protection breach and advised the resident that if he could submit any evidence then they would look into it further.
  3. On 8 September, the resident requested escalation of his complaint. It concluded that there hadn’t been a breach but noted it could have responded in a more timely manner and offered the resident compensation of £25. It referred the resident to this service if he remained dissatisfied.
  4. On the 28 October, the resident referred his complaint to this service.

Reasons

  1. Paragraph 39 m of the Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body;
  2. This service is unable to investigate complaints about whether there have been breaches of the Data Protection Act 2018. This is because these matters are better dealt with by the ICO. As previously advised to the resident, he should contact the ICO if he wishes to pursue this matter further.