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Tower Hamlets Council (202008756)

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REPORT

COMPLAINT 202008756

Tower Hamlets Homes

28 June 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 level of compensation awarded by the local authority for how a Right to Buy application was handled in 2013.

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. 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. The resident referred his complaint to this service in November 2020. They explained that they understood that this Service had requested that they provide further information and provided a reference number (ref 16 010 116) 
  2. This service had no record of an earlier complaint about this issue and, from information provided, can see that the reference number is for a case with the Local Government and Social Care Ombudsman (formerly the Local Government Ombudsman)
  3. The resident included copies of correspondence they had received from their landlord concerning their right to buy application and costs they believe were incurred due to a delay in the processing of this application. This Service contacted the resident’s landlord, and it provided a copy of a stage 3 final complaint response issued 12 July 2017. The landlord’s response referred the resident to this Service.
  4. The landlord also provided this service with a copy of a decision made on the case by the Local Government & Social Care Ombudsman dated 24 January 2018 (ref 16 010 116).

Reasons

  1. Paragraph 39(m) of the Scheme states that: ‘the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body.
  2. The landlord’s final response of 12 July 2017 concerned a complaint about the rejection of the resident’s Right to Buy application and the time taken to appeal this.
  3. In this case, the resident’s landlord is a council, it provides functions as both a landlord and as a local authority. This Service acknowledges that the landlord’s final response referred the resident to this Service. However, complaints about the Right to Buy process concern the disposal of property by the Council in its capacity as a local authority. Complaints about the actions of a local authority are a matter for the Local Government & Social Care Ombudsman.
  4. I am therefore satisfied that, in accordance with paragraph 39 (m), the Housing Ombudsman cannot consider this complaint further.
  5. The Local Government & Ombudsman issued a decision on the case on 24 January 2018, and the resident may wish to liaise with them directly about that decision and what happened thereafter.
  6. The LGSCO can be contacted at
    1. Phone: 0300 061 0614
    2. Website. www.lgo.org.uk