Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

East Riding of Yorkshire Council (202115073)

Back to Top

REPORT

COMPLAINT 202115073

East Riding of Yorkshire Council

19 January 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 approach to tenant engagement and its response to a report by the Tenants Participatory Advisory Service (TPAS).

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.

Summary of events

  1. In August 2021, the resident submitted a complaint to the landlord about its response to a report from TPAS. The resident believed that the landlord had unreasonably delayed in providing updates following receipt of the report. The resident also raised concerns about the landlord’s approach to tenant engagement.
  2. The resident provided this Service with a copy of the landlord’s final response to their complaint. In its letter of 1 October 2021, the landlord explained that it intended to review its approach to tenant engagement when its Safer and Stronger Committees Overview and Scrutiny Sub-Committee convened in January 2022.
  3. The resident’s complaint was referred to this Service by their MP. In their letter to their MP, the resident set out their complaint, which can be summarised as follows:
    1. In 2019, the resident was part of a tenant scrutiny panel. The resident states that recommendations were made to the landlord which it accepted.
    2. The resident explained that part of the recommendations concerned the level of tenant engagement and that the landlord agreed to commission TPAS to prepare a report.
    3. The resident states that the landlord has not taken action to put in place changes recommended by TPAS and has been unreasonably delaying in explaining why.
  4. The resident provided further information to this Service, explaining that:
    1. They believed that the landlord had failed to address the findings of the TPAS report.
    2. That the landlord did not have adequate processes in place for tenant engagement.
    3. That the landlord had unreasonably delayed or failed to convene meetings with its various oversight groups and directorates to assess its tenant engagement processes.
    4. The landlord had not adequately engaged with its Tenant Forum to provide information about the points listed above.

Reasons

  1. Paragraph 39 (p) of the Scheme states that

”The Ombudsman will not consider complaints which, in the Ombudsman’s opinion, are about matters which relate to the processes and decisions concerning a member’s governance structures.”

  1. The resident’s complaint concerns the response of the landlord to a report from TPAS about tenant engagement. The resident explains that the landlord has not taken appropriate action to consider the report or accept the changes that it recommends.
  2. The resident has also raised concerns about the efficiency and effectiveness of various departments, oversight groups, or directorates within the landlord, and its overall approach to this issue as an organisation.
  3. Whether or not the landlord chooses to accept or act on the report issued by TPAS, is an issue relating to its governance processes. Therefore, it is not a complaint that the Ombudsman can consider.
  4. This Service is not aware of the circumstances under which the TPAS report was commissioned, however, the resident may wish to raise this issue with TPAS and seek their assistance.
  5. If the resident has concerns about the governance of their landlord, this may be able to report this to the Regulator of Social Housing.