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Southwark Council (202119989)

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REPORT

COMPLAINT 202119989

Southwark Council

3 December 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 concerns the resident’s dissatisfaction with a phone call made by the landlord’s rent team.

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. On 23 July 2020, the resident submitted a complaint to the landlord. The resident raised concerns regarding the information received during a telephone call with the rent income team. The resident explained they were unhappy with information the landlord provided about the balance of their rent account.
  2. The landlord provided a final response to the complaint on 13 August 2020. It explained that the information provided to the resident about their rent account had been correct.
  3. On 28 September 2021, the resident referred their complaint to this Service.

Reasons

  1. Paragraph 39d of the Housing Ombudsman Scheme states that:

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

Were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.’

  1. As set out above, this service has set timescales to bring a complaint for investigation. We believe it is important that complaints are referred as quickly as possible as it becomes more difficult for both parties to present information and recall events accurately as more time passes since the issue’s occurrence. The Ombudsman considers that twelve months following the issue of the final response is a reasonable period of time in which to raise a complaint.
  2. The landlord provided its final response on 13 August 2020, the resident did not ask this Service to investigate their complaint until 28 September 2021, 13 months later. I am therefore satisfied that, in accordance with paragraph 39 (d) of the Scheme, this is not a complaint which the Ombudsman can investigate further.