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Harlow District Council (202101719)

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REPORT

COMPLAINT 202101719

Harlow District Council

2 June 2023

 

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 is about the landlord’s handling of damp and mould and the level of compensation offered.

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 January 2020 the resident was placed in temporary accommodation by the landlord, who is a local authority. She was housed due to homelessness, in accordance with Part 9 of the Housing Act 1996.
  2. The resident reported damp and mould to the landlord shortly after moving into the property. She says that a number of her belongings and furniture had been affected as a result of the damp and mould within the property.
  3. The resident made an insurance claim with the landlord and also pursued a formal complaint, which it did not uphold. The landlord issued its final response on 6 August 2021, which said that it took all reasonable steps to address the damp and mould whilst the resident was living at the property.

Reasons

  1. Local Housing Authorities have responsibility for assessing applications for housing from homeless applicants under Part 7 of the Housing Act 1996. In some cases, this will include an obligation to provide temporary accommodation until an allocation under part 6 can be made.
  2. Although the resident is an assured tenant, her being housed in accordance with Part 7 of the Housing Act 1996, means that the complaint is not within the jurisdiction of this Service to consider. Complaints concerning applications for assistance under the homelessness legislation fall within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO). This includes complaints about the condition of temporary accommodation provided via Part 7.
  3. Paragraph 39(m) of the Scheme states that “The Ombudsman will not investigate complaints which, in its opinion, fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body”.  Consequently, the complaint raised, is not one which this Service can consider. This is because the matter complained of is one for the LGSCO.  In its response to the complaint, the landlord referred the resident to the LGSCO, which was the correct route to progress matters.