Southwark Council (202016835)

REPORT

COMPLAINT 202016835

Southwark Council

3 February 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 landlord’s response to reports of:

a)     Damp and mould

b)     An infestation of mice

c)     Excessive cold

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 raised a complaint stating that she had reported excessive cold in the property which in her opinion had resulted in damp and mould. In addition, the resident explained that she has experienced a mouse infestation. The resident detailed that she has young children and as such, she found the landlord’s inaction concerning.  
5. The landlord explained on 8 June 2021 that because the resident had initiated legal proceedings, that it would not issue a stage two response to the complaint. The landlord directed the resident to its complaints procedure and provided details for the resident to contact this service.
6. The resident brought their complaint to this Service explaining that the property was in a state of disrepair. The resident stated that the situation was having an impact on the wellbeing of the family.
7. This Service has seen no evidence to show that the resident pursued the matter further as a complaint with the landlord. We understand that, instead, the resident submitted a claim to the Magistrates’ court. 
8. The landlord confirmed to the Service that the resident had initiated proceedings with the Magistrates’ Court in March 2021, with a consent order being issued on 2 November 2021. The landlord provided correspondence it had received from the Court.

Reasons

9. The Housing Ombudsman Scheme states that:

 The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

39 (a) – are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale;

39 (h) – which concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings;

10. This Service can only investigate complaints which have exhausted a landlord’s complaint procedure, and which were brought to this Service within six months of the landlord’s final decision.
11. In this case, the resident had the opportunity to escalate their complaint to stage two of the landlord’s complaint process but chose instead to proceed with a claim to courts. The complaint has not exhausted the landlord’s complaint procedure; therefore, the Ombudsman cannot investigate it.
12. Furthermore, the complaint is being considered by the Magistrates Court.
13. This Service cannot consider a complaint which is the subject of legal proceedings. Therefore, in accordance with paragraph 39(h) this is not a complaint that the Ombudsman can investigate further.
14. I am therefore satisfied that this is not a complaint which the Ombudsman can investigate further.
15. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk