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Harrow Council (202113373)

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REPORT

COMPLAINT 202113373

Harrow Council

1 February 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 resident brought several complaints concerning the provision, condition and management of temporary accommodation offered by the council.
  2. The resident raised issues relating to:
    1. The condition of properties offered to them.
    2. The suitability of properties offered to them.
    3. The council’s handling of repairs at these properties.
    4. Damage caused to the resident’s belongings that they state was caused by damp and mould.
    5. The overall service provided by the council and the conduct of its contractors.

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 submitted a complaint to the council about the issues set out above in paragraphs one and two. It is worth noting that the resident’s complaint was made in much more detail than the issues set out above. However, as we are making a jurisdictional decision, we have simplified them for this report as we cannot assess the council’s handling of these issues.
  2. The council provided a final response to the resident’s complaint on 16 August 2021. It responded to issues that the resident raised about the provision, suitability and management of temporary accommodation provided to them. The council referred the resident to this Service.

Reasons

  1. Paragraph 39  (m) of the Housing Ombudsman Scheme sets out 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. In this case, the complaint concerns the provision and management of temporary accommodation, and the handling of the resident’s application for housing. These are all services provided by the council in its capacity as a local authority.
  3. Complaints about the actions of a local authority fall within the jurisdiction of the Local Government and Social Care Ombudsman. Therefore, this case is not within the Housing Ombudsman’s jurisdiction to consider.
  4. The resident may wish to refer their complaint to the LGSCO:

www.lgo.org.uk

0300 061 0614