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Notting Hill Genesis (201806908)

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REPORT

 

COMPLAINT 201806908

Notting Hill Genesis

22 December 2020


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:

 

1.1.           The way the landlord progressed an application for a Small Minor Improvement grant to replace damaged panels in a fence;

 

1.2.           The time taken for the landlord to obtain a police report in respect of anti-social behaviour occurring in the communal garden;

 

1.3.           The landlord’s handling of repairs to a gate;

 

1.4.           The time taken to provide a key fob for the resident to access the communal gardens;

 

1.5.           The landlord’s handling of repairs to wall masonry;

 

1.6.           The way the landlord has conducted visits to the estate and dealing with refuse removal;

 

1.7.           The landlord’s complaint handling.

 

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.

 

  1. After carefully considering all the evidence, I have determined that the complaint, as set out above, will not be investigated by the Ombudsman because it was referred to this Service more than 12 months from the date of the final response.

 

Summary of events

 

  1. The resident complained about the above issues in January 2018. The landlord provided some intermittent responses about how it was handling the matters as a service delivery point.

 

  1. The resident contacted the Ombudsman for assistance in September 2018, having not received a suitable response to his complaints, both directly and to his MP.

 

  1. The Ombudsman facilitated discussions which resulted in a response to the MP (from the landlord) on 19 October 2018. The response explained:

 

6.1.           In respect of the anti-social behaviour reports, which related to the use of cannabis in the communal areas, the landlord stated the matter was better dealt with by police;

 

6.2.           The application for the grant had not been processed in time for the next panel and the landlord would ensure it was presented to the following panel;

 

6.3.           An inspection had been completed and the gate was secured and locked;

 

6.4.           The key fob was delivered to the resident on 9 October 2018.

 

  1. The resident remained dissatisfied with the landlord’s handling of matters and contacted this Service in 2019. He asked for assistance pursuing the complaint with the landlord. This Service contacted the landlord to ask it to respond to the complaint and received confirmation that the landlord would provide a response.

 

  1. The resident was notified that the landlord would provide a response by 15 November 2019. The resident was informed he could contact this Service if he remained unhappy with the landlord’s decision.

 

  1. On 15 November 2019, the landlord issued its final response to the complaint. The landlord provided a copy to this Service.

 

  1. As well as responding to the substantive points, the landlord awarded compensation for its errors and delays. The letter concluded by confirming:

 

“The review of your complaint [is the landlord’s] final reply in accordance with our internal complaints processes. If you remain unhappy with my reply, then you may escalate your complaint to the attention of the Housing Ombudsman. The Housing Ombudsman’s website can be found at the following link – www.housingombudsman.org.uk or Telephone: 0300 111 3000 email info@housing-ombudsman.org.uk”

 

  1. The resident contacted this Service on 8 December 2020 and asked us to investigate the complaint. The resident said he was not satisfied with the landlord’s response.

 

Reasons

 

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

 

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure”

 

  1. The final response to the resident was provided on 15 November 2019, the resident did not contact this Service about this issue until 8 December 2020.

 

  1. As the complaint was referred to us more than 12 months after the date of the final response, it is not within the Ombudsman’s jurisdiction to consider further.