Melton Borough Council (202126131)

REPORT

COMPLAINT 202126131

Melton Borough Council

20 June 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 following issue:
   • The council’s categorisation of the resident as an unreasonably persistent and vexatious customer.
   • The council’s decision not to progress the resident’s complaint through its internal complaints process.

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. The resident is a tenant of the council. The council decided to apply its unreasonable behaviour policy against the resident, issuing them with a warning and restricting their contact with it – this applied to all services provided by the council.
5. On 5 March 2021 the resident lodged a complaint with the council stating that it had inappropriately categorised them as an unreasonably persistent and vexatious customer.
6. On 26 March 2021, the council responded to this complaint stating that, it was satisfied that its decision to apply its policy and restrict the resident’s contact, was correct. The council warned the resident that if they continued to behave in a manner that breached the terms of the restriction they may refer the matter to the Police or take legal action.
7. On 26 March 2021, the resident lodged a further complaint with the council, stating that they disagreed with the council’s decision. The resident asked for the details and records of the information the council relied on when it made this decision.
8. On 5 May 2021, the council wrote to the resident advising that in line with its complaint policy, it would not progress the complaint further.
9. On 28 February 2022, the resident brought their complaint to the Housing Ombudsman stating that the council had not provided them with the information it had relied on when applying its policy and that it had refused to accept their complaint.
10. This Service contacted the council for clarification. In its response, the council included a copy of a decision issued by the Local Government and Social Care Ombudsman (LGCSO), issued on 22 March 2022. The LGSCO’s response concerned the council’s decision to restrict the resident’s contact, to warn them about their behaviour, and to warn them of the possible consequences if further instances which it considered to be in breach of the restrictions occurred.

Reasons

11. Paragraph 39(O) 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.
12. The resident complained about the council’s decision to issue them with a warning, to restrict their contact with it, and to warn the resident that further action may be taken. The resident referred their complaint to the LGSCO, which is the appropriate service to consider the complaint – the LGSCO considers complaints about local authorities, and the restriction applies to all contact with the council, not just matters relating housing.
13. The LGSCO has already considered the resident’s complaint and issued a decision, therefore the Housing Ombudsman cannot investigate this complaint.