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Longhurst Group Limited (202002014)

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REPORT

COMPLAINT 202002014

Longhurst Group Limited

8 March 2021


Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint concerns the landlord’s handling of the resident’s belongings following her eviction from her home.

Background and summary of events

  1. On 19 March 2020 the resident was evicted from her property. Due to an apparent misunderstanding, before she was able to remove some of the belongings she had left at the property the landlord disposed of them itself. 
  2. On 23 April 2020 the resident made a formal complaint about the loss of a large number of her belongings.
  3. The landlord issued its complaint response on 6 May 2020. It acknowledged that there had been a misunderstanding between itself and the resident regarding the collection of her belongings. It apologised for the distress and inconvenience this had caused the resident.
  4. At the time, the landlord’s complaints process comprised of only one stage. It therefore referred to the resident to this Service if she remained dissatisfied.
  5. After the resident brought her complaint to this Service, the landlord explained that it had since amended its complaints process to include a further stage of escalation or review. It acknowledged that it had not offered any redress to the resident in its stage one complaint response.
  6. A compensation amount could not be agreed between the landlord and resident. The case was brought forward for investigation.

Assessment

  1. As matters currently stand, the resident’s complaint has not yet had the full consideration by the landlord that a robust complaints process calls for. Such consideration would include an assessment by the landlord of whether it needed to provide some form of remedy to the resident for the misunderstanding with her belongings.
  2. Both the resident and the landlord attempted to agree a remedy after the complaint had come to this Service. Agreement could not be reached. Because of that, the landlord now needs to further review the matter to decide:
    1. If a remedy is warranted, and, if it is;
    2. What it believes to be fair and reasonable in the full circumstances of the complaint.
  3. It must be noted that the complaints process is not the same as an insurance claim or legal action. The levels of financial compensation are usually significantly lower than insurers or courts can potentially order. It should also be noted that the Ombudsman does not consider financial compensation to be the only suitable form of remedy. Alternative remedy options are encouraged where they are relevant and appropriate.

Pre-investigation decision

  1. Paragraph 31(a) of the Housing Ombudsman Scheme states that “The Ombudsman may at any time promote local resolution of a dispute by referring the complaint back to the complainant and the member [landlord] … to take further action to resolve the dispute;”
  2. In line with paragraph 31(a), this complaint is referred back to the resident and the landlord without investigation, for the landlord to consider further action to resolve it.
  3. Both parties are encouraged to discuss what may be a suitable remedy within the parameters of the complaints process, as explained above. The landlord should make efforts to facilitate such discussion with the resident.
  4. The landlord is asked to treat this matter as a priority and with some urgency. The resident will be entitled to bring her complaint back to this Service if she remains dissatisfied following the landlord’s further consideration.