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London Borough of Redbridge (202116033)

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REPORT

COMPLAINT 202116033

London Borough of Redbridge

3 March 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 council’s handling of the resident’s application to join the council’s housing register and the assessment of the resident’s housing priority.
  • The council’s response to the resident’s concerns about the assessment of their housing benefit.

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 a tenant of a private rented sector landlord. They raised a complaint with the council about the council’s consideration of medical evidence provided as part of their application to join the housing register and the council’s assessment of their housing benefit.
  2. The council issued a final response to the resident’s complaint on 27 September 2021. The council explained it had considered the resident’s application under Part VI of the Housing Act 1996. The council explained that having reviewed the resident’s medical evidence, the information submitted did not reach the threshold for an award of additional priority. It further stated that the resident’s housing benefit entitlement had been determined correctly but advised it would assist the resident to apply for a discretionary housing payment, signpost to other housing options and offer advice about the resident’s reports of harassment from their landlord.
  3. The resident provided a copy of the council’s final response to this service on 11 October 2021. The resident advised they believe the council had not properly considered their medical evidence and that the assessment of their housing benefit had led to arrears.
  4. On 2 February 2022, the council advised that the resident’s complaint had already been considered by the Local Government and Social Care Ombudsman (LGSCO) and provided this service with a copy of the determination. The LGSCO determined the resident’s complaint on 6 December 2021.

Reasons

  1. Paragraph 39m 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;’

  1. Paragraph 39o of the Scheme states that…

‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon;’

  1. The Housing Ombudsman can only consider complaints about the housing management function of member landlords. The resident’s complaint concerns the council’s assessment of the resident’s housing register application and benefit entitlement, which it does in its capacity as a local authority, not as a landlord.
  2. Complaints about the actions of a local authority are for the LGSCO to consider. Therefore, I am satisfied that in accordance with paragraph 39 (m) of the Scheme, this complaint is not one which the Ombudsman can investigate further.
  3. Furthermore, this service notes that the LGSCO made a determination on the resident’s complaint, set out in a letter to the resident on 6 December 2021. Therefore, in accordance with paragraph 39 (o) of the Scheme, this complaint is not one which the Ombudsman can investigate further.
  4. This service understands that this is likely to be a disappointing outcome for the resident. If the resident requires further assistance, they may wish to contact Shelter for advice:

Home – Shelter England – Helpline – 0808 800 4444