Newham Council (202101367)

REPORT

COMPLAINT 202101367

Newham Council

20 July 2021

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 landlords handling of the resident’s request for compensation following a decant from her property.

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.

Background

4. In August 2017, the resident was temporarily decanted due to fire safety work taking place at the property block. The temporary decant ended in January 2020 at which time the resident returned to her property.

Summary of events

5. In April 2021, the resident contacted our service and explained that they had encountered difficulty in obtaining a response to her complaint from her landlord. As such, our service contacted the landlord with details of the resident’s complaint and asked that it make direct contact with her.
6. On 28 May, the landlord responded with its final response. It explained that on 25 October 2017 it had received an enquiry from the resident concerning her compensation request and had responded to this request on 3 November 2017. In its response at that time, it advised it the resident would not be entitled to any monetary compensation and reiterated its former position on the matter. However it did recognise some delays with complaint handling and offered the resident compensation of £50. In closing, it referred the resident to this service if she remained dissatisfied.
7. On 23 June, our service contacted the resident to discuss her complaint. We explained that due to the lapse in time her complaint may be outside of this services jurisdiction. We requested further information from the resident regarding the delay in making the complaint.
8. The resident explained she delayed in complaining as she was told by Adult Social Services that she would have to wait until she had moved back to her property before she could make a claim.

Reasons

9. Paragraph 39 e of the Scheme states that:

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising;

10. The resident has said she was advised by Adult Social Care that she could only make a claim once she had moved back to her property. This service is unable to comment on the advice given by Adult Social Care.
11. When considering how the Ombudsman’s jurisdiction applies to this case, it is necessary to consider whether the resident ought to have reasonably been aware of a cause to complain. I can see the resident had already queried whether she would receive compensation in October 2017. In November 2017 the landlord responded to the resident’s enquiry and clearly stated that they would not be eligible for compensation. Therefore, it would have been reasonable for the resident to raise a formal complaint at this point, or shortly after.
12. There is no evidence to show that the resident made any further enquiries or complained about this matter until May 2020, more than two years after they were made aware that compensation would not be paid by the landlord. Therefore, in accordance with paragraph 39(e) of the Scheme, the Ombudsman cannot consider this complaint.