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Islington Council (202001430)

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REPORT

COMPLAINT 202001430

Islington Council

22 February 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 is about the landlord’s handling of the resident’s reports of a leak through their bathroom ceiling.

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. The landlord issued its final response to the complaint on 28 August 2020. The landlord acknowledged the resident’s dissatisfaction with the management of leaks into their property and their complaint. The landlord awarded £250 compensation in recognition of what they described as a shortfall in the service, explaining that they should have kept the resident better informed and updated.
  2. The Housing Ombudsman was provided a copy of the final response on the 23 November 2020. In a call to our service, the resident explained that they are continuing to experience leaks from the property above and that they are dissatisfied with the way the landlord has handled the complaint. The resident also explained that they had made a claim against their landlord for housing disrepair and the related damages to their home.
  3. The landlord contacted the Service on the 22 December 2020 to confirm that the complaint was the subject of legal proceedings. On the 21 January 2021, the landlord confirmed they had received the sealed version of the claim form, claim number G00MY818.
  4. The Service then contacted the resident on the 28 January 2020, asking if they were able to confirm that they had submitted a claim to court. They replied that day, confirming they have instructed solicitors on this matter and that court proceedings have been issued in respect of the disrepair.

Reasons

  1. Paragraph 39(h) of the Scheme states that:

 

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings;

 

  1. The resident confirmed on the 28 January 2021 that they have instructed solicitors on this matter and that court proceedings have been issued in respect of the disrepair.

 

  1. As the complaint is the subject of legal proceedings, it is not within the Ombudsman’s jurisdiction to consider further.