Westminster City Council (202101810)

REPORT

COMPLAINT 202101810

Westminster City Council

1 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 handling of a management transfer.

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 with the landlord, which was considered under its reference number 19650625.
5. The landlord provided its final response on 21 April 2021.
6. It is noted that the resident subsequently raised this complaint with the Local Government and Social Care Ombudsman under its reference 20013466.
7. The Local Government and Social Care Ombudsman issued a determination on 24 November 2021. This considered the landlord’s handling of the same complaint raised with this Service.

Reasons

8. Paragraph 39(o) of the Housing Ombudsman Scheme states that:

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

seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon;

9. The Ombudsman cannot investigate this complaint as it has already been investigated by the Local Government and Social Care Ombudsman.