Runnymede Borough Council (202204517)

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REPORT

COMPLAINT 202204517

Runnymede Borough Council

5 August 2024

 

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. This complaint is about the Council’s handling of disabled adaptations to the resident’s property.

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.

 

  1. 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. In February 2023, the Local Government and Social Care Ombudsman (LGSCO) issued its determination on the resident’s original complaint, regarding the Council’s refusal of an extension to their property. In that case, the LGSCO determined that the council should have processed this as a Disabled Facilities Grant (DFG).

 

  1. In February 2023, an Occupational Therapy (OT) recommendation, including recommendations for a ground floor extension, was referred to the Council’s Home Improvement Agency (HIA). The Council’s Home Improvement Agency Assistance Housing Policy states that its HIA officers and surveyors visit the client in their own home to:

 

  1. Assist with completing application forms.
  2. Undertake the financial check to establish the client’s eligibility for a grant.
  3. Meet with the Occupational Therapist (OT) to agree how the adaptation will be done in accordance with the OT assessment.
  4. Prepare schedules of work, detailed drawings, and contract documents.
  5. Help in finding suitable and reliable builders / contractors and in obtaining competitive quotes.
  6. Supervise the works.
  7. Obtain the required Local Authority Planning and Building Regulations approvals where necessary for major schemes.

 

  1. In March 2023, the resident raised a complaint with the Council about its handling of the disabled adaptations at their property, following the disability facilities grant application process. The complaint included but was not limited to guttering/chimney works that the resident said were outstanding since March 2023, which they wanted included as part of the planned extension works, and the inclusion of bi-fold doors.

 

  1. The Council issued its final response to that complaint on 4 September 2023, in which it said that it would commence tender for works once the drawings had been agreed and once it had received building control approval. The Council also explained its position regarding the inclusion of the bi-fold doors.

 

  1. The resident referred this complaint to this Service on 11 October 2023. Following advice from this Service, the resident confirmed that they had referred this complaint to the LGSCO, providing LGSCO case reference 23018743.

 

  1. The resident raised a further complaint about the Council’s handling of the disabled adaptations at their property, including delays to the start date of the building works. The resident’s concerns included the conduct of the Council’s HIA surveyor in July 2023 (including their communications and view on the bi-fold doors) and delays in progressing works.

 

  1. The Council issued its final response to this complaint on 15 April 2024. The Council offered the resident £400 compensation for its surveyor’s poor communications and a meeting was proposed towards the end of that month to discuss a potential temporary move.

Reasons

  1. Paragraph 42(j) of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, all properly fall within the jurisdiction of another Ombudsman, regulator or complaint-handling body.

 

  1. On 11 July 2024, this Service contacted the LGSCO to confirm what stage they were at with the complaint that the resident said they had already referred to them and had provided an LGSCO case reference of 23018743. This case related to the Council’s final response of 4 September 2023.

 

  1. The LGSCO were also asked to confirm whether they were aware of the Council’s final response of 15 April 2024 and whether this too would fall within its, and not this Service’s, jurisdiction.

 

  1. On 2 August 2024, the LGSCO confirmed that its case reference 23018743 had been passed through to investigation and was currently awaiting allocation to an Investigator. They also confirmed that they had the Council’s final response of 15 April 2024 and that this case would also be allocated to an investigator who would agree the scope of the complaint with the resident.

 

  1. As the complaints made by the resident, about the Council’s handling of disabled adaptations to their property, fall properly within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO), and have been accepted by them for investigation, both fall outside the jurisdiction of this Service to consider under Paragraph 42(j).