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Thurrock Council (202116791)

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REPORT

COMPLAINT 202116791

Thurrock Council

16 August 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 resident complains about the landlord’s handling of communication.

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, this complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident initially raised a complaint with the landlord in August 2021 as he was dissatisfied with the its actions and communication in relation to gardening and decorating at his property. As part of the complaint, the resident said that while the landlord advised that attempts had been made to contact him about these matters, he had voicemail facilities and no messages were left.
  2. As part of the landlord’s stage two response it advised that its records showed that calls were made to the resident in June 2021 but could not connect. It said that where a voicemail facility was available, a message would normally be left, but in this case it could not leave a message as it was unable to get through. It asked the resident to let it know if he felt the landlord did not hold the correct contact details for him.
  3. The resident referred his complaint to this Service in November 2021 as he remained dissatisfied with the landlord’s response on the matter. He did not agree with the landlord’s statements about trying to contact him as he has voicemail facilities and no messages were left.

 

Reasons

  1. Paragraph 39 (q) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters which do not cause significant adverse affect to the complainant.
  2. While the Ombudsman understands that the resident is unhappy that no messages were left, and disagrees with the landlord’s statements about this, there is no indication in the evidence available that this had a significant adverse affect. This Service wrote to the resident on 25 November 2021 drawing his attention to paragraph 39 (q) of the Scheme, and asking for details on the adverse affect this matter had and what he would like the landlord to do to resolve the complaint. The Ombudsman wrote to the resident again on 6 March 2022, but has had no response to date.
  3. In lieu of any details of a significant adverse affect to the resident in relation to the matter complained about, the complaint falls outside of this Service’s jurisdiction.