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Guildford Borough Council (202123338)

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REPORT

COMPLAINT 202123338

Guildford Borough Council

6 April 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 concerns the landlord’s handling of reports of unacceptable behaviour made against the resident.

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 in non-secure temporary accommodation under the Council’s statutory homelessness provisions.
  2. The resident received a letter from the landlord concerning a report it received alleging that the resident was abusive towards a member of its staff.
  3. The resident submitted a complaint to the landlord, which provided its final response to the complaint on 4 October 2021. The resident then referred their complaint to this Service.

Reasons

  1. Paragraph 39 (m) of the Housing Ombudsman Scheme states that:
  2. “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”
  3. The resident’s complaint concerns a property provided by the council as temporary accommodation. Complaints about temporary accommodation provided by a local authority are a matter for the Local Government and Social Care Ombudsman. Therefore, the Housing Ombudsman cannot consider this complaint.
  4. Local Government and Social Care Ombudsman details are as follows: www.lgo.org.uk 0300 061 0614.