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Gloucester City Council (201814421)

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REPORT

COMPLAINT 201814421

Gloucester City Council

6 May 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 Council’s assessment of the residents housing needs and banding allocation.

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.

Background

  1. On 18 March 2019, the resident raised a formal complaint concerning his application for another property to his landlord. He also raised a concern regarding an ASB issue.
  2. On 1 April the landlord responded to the complaint. It addressed the residents concerns regarding ASB and the housing application. It explained that applicants would be assessed and banded according to circumstances. It also advised that it would be reviewing the information provided by the Occupational Therapist and that the council would notify the resident of the outcome.

Summary of events

  1. In September 2020, the resident contacted our service to explain that he had been offered bungalows by the council following the occupational therapist’s recommendation, but he had refused the offers as they did not have off road parking. Our service contacted the council to ask it to respond to the resident’s complaint.
  2. In October the council responded to the complaint at stage one of its complaints process. It explained that based on the information available it was satisfied the banding allocation was correct.
  3. The resident requested escalation of his complaint to stage two and provided further information from his doctor for consideration.
  4. On 23 March 2021, the council issued its final response to the complaint. It explained it had taken his full medical circumstances into account when deciding the banding and advised the resident to continue to bid for properties. It also referred his to this service if he was unhappy with its response.

Reasons

  1. The Housing Ombudsman Scheme sets out the types of complaints which the Ombudsman can consider.  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 complaints-handling body; 
  2. This complaint concerns the council’s assessment of the residents application to it for housing and the priority issued to the resident under the council’s allocation scheme, which it carried out in its capacity as a local authority. Complaints concerning the actions of a local authority can be considered by the LGSCO. I am therefore satisfied that, in accordance with paragraph 39 (m) of the Scheme, this complaint is not within the Ombudsman’s jurisdiction to consider further.
  3. Our service referred this case to the LGSCO who confirmed receipt of the referral on 16 April. The resident will therefore be contacted directly by the LGSCO.