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Thames Valley Housing Association Limited (202017426)

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REPORT

COMPLAINT 202017426

Thames Valley Housing Association Limited

14 September 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 is about the delay in completing the renewal of the resident’s bathroom and kitchen.

Jurisdiction determination

  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 can not be investigated. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.
  2. Paragraph 39(a) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion 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.

Summary of events

  1. The resident is a tenant of the landlord. The property is a flat within a block of similar properties situated above a shopping centre.
  2. The resident initially raised a complaint with the landlord in February 2021 as she was dissatisfied that following her ceiling replacement in February 2020 the fire alarm had not been reinstated. She added that the ceiling was never painted and operatives left plaster drips on her walls and door. She added that she had chased the repairs and appointments had been cancelled with no warning. In addition, other residents had received letters about kitchen and bathroom renewals and expressed concern that her bathroom and kitchen were not due to be replaced.
  3. In response to the resident’s complaint the landlord confirmed that it would replace the bathroom and kitchen in the 2022/23 financial year following an inspection on 18 February 2021. It completed the required repairs and noted that a further appointment was booked for 24 May 2021 to complete work to the lighting. It also acknowledged a delay in responding to the resident’s complaint and apologised for the delay in completing works following the initial ceiling replacement in February 2020. It offered the resident £455 compensation in recognition of its service failure, the time and trouble the resident had spent pursuing the matter, its poor complaint handling and a missed appointment.
  4. The resident referred her complaint to this Service in May 2022 as she was previously told that her kitchen and bathroom would be renewed in the 2022/23 financial year but she had been informed that her kitchen would not be renewed and the bathroom renewal would be delayed. She confirmed to this Service on 10 May 2022 that all other issues raised in her initial complaint had been resolved. The landlord has since confirmed that the renewal to both the resident’s kitchen and bathroom would be completed but there had been a delay due to an ongoing leak investigation within the building.

Reasons

  1. Paragraph 39(a) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion 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.
  2. The resident is dissatisfied with the delay in renewing her bathroom and kitchen. She has confirmed that all other issues raised in her complaint have been resolved. The landlord confirmed that the resident’s kitchen and bathroom would be replaced in the 2022/23 financial year in the stage two complaint response that led to this case. Based on the information available at the time, that was the correct update.
  3. The kitchen and bathroom replacements have since been delayed. The landlord has said this is due to a leak investigation that was not part of the formal complaint that led to the final response that led to this case. The resident has also complained they received conflicting information about which would be replaced.
  4. As this is a separate issue to the complaint that has completed the landlord’s internal complaints process (albeit including the same topic, ie the kitchen and bathroom replacement), this is not something that this Service can investigate at this stage. The landlord needs to be provided with the opportunity to investigate and respond to these concerns, for example the delay to the replacements and whether they are reasonable or require redress.