Lambeth Council (202010450)

REPORT

COMPLAINT 202010450

Lambeth Council

20 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:

a)     The Council’s assessment of the residents housing needs and banding allocation.

b)     The service provided by Adult Social Care.

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.     On 1 March 2021, the resident contacted our service and provided a copy of the councils final response to her complaint. Our service has not had sight of any responses prior to the issuing of the final response.

5.     In conversations with the resident, they explained that their complaint concerns the prioritisation placed on their application for housing and the level of support they receive from the Adult and Children Social Care department.

6.     The final response issued on 17 February explained that it was responding to her complaint about the Adult and Childrens Social Care and the Housing Services regarding house banding. It advised the resident that Band B was a high level of priority awarded to people with an urgent need to move on medical grounds. It also advised the resident that there was a shortage of properties but that she should continue to bid. It confirmed its complaint process had concluded and referred the resident to the Local Government and Social Care Ombudsman (LGSCO).

Reasons

7.     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; 

8.     The 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 part of the complaint is not within the Ombudsman’s jurisdiction to consider further.

9.     The complaint also part concerns the actions of the council’s Adult and Children’s Social Care department which is a service provided by the council as a local authority, and which is not related to the provision of the resident’s housing. In accordance with 39 (m) of the Scheme, this part of the complaint is also a matter for the LGSCO.

10. Details for the LGSCO are as follows:

Local Government and Social Care Ombudsman

     PO Box 4771

     Coventry

     CV4 0EH

     Tel: 0300 061 0614

     https://www.lgo.org.uk/contact-us