Kingston upon Thames Council (202116748)

REPORT

COMPLAINT 202116748

Kingston upon Thames Council

27 September 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 is about the Council’s handling of the resident’s reports concerning staff members who she considers did not treat her respectfully.

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. On 12 May 2021 officers from the Council’s Regulatory Services Pollution Control department visited the resident regarding reports of noise from a neighbour she had made. The department is responsible for dealing with noise and environmental pollution.
5. On 13 May 2021, the resident emailed the Council to make a complaint about the conduct of the one of the officers from Regulatory Services.  She also disagreed with the decision of the officer that the noise reported was “normal”.
6. The Council provided the Stage 1 response on 1 June 2021, stating that it had interviewed the officers at the visit who denied being disrespectful. The Council relayed the findings of the officers that they did not witness actions of the neighbour that could be considered antisocial or a statutory nuisance, therefore there was no action it could reasonably take.
7. On 4 June 2021, the resident escalated the complaint disputing the Council’s findings that the officer was not disrespectful and stating it was difficult for her to provide evidence.
8. On 15 June 2021 the Council sent the Stage 2 response. It confirmed it had interviewed the member of staff who had sent the Stage 1 response.  That member of staff confirmed that she had interviewed the officers who had visited on 12 May 2021 as part of the Stage 1 investigation. The Council expressed regret that resident found its officers from Regulatory Services to be disrespectful.

Reasons

9. The Housing Ombudsman Scheme sets out the type of complaints which this Service can and cannot consider.
10. 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”.
11. The resident’s complaint concerns the conduct of staff working for the Council’s Environmental Health department who were responding to her reports of noise from a neighbour. The Local Government and Social Care Ombudsman considers complaints about local authorities, including how the local authority has dealt with reports of statutory noise and other nuisance made to its environmental health services.  As this complaint properly falls within the jurisdiction of the Local Government Ombudsman, in accordance with paragraph 39(m) of the Housing Ombudsman Scheme, it is outside of the jurisdiction of the Housing Ombudsman to investigate and determine.
12. The Local Government and Social Care Ombudsman can be contacted by visiting www.lgo.org.uk or by telephoning 0300 061 0614.