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Southwark Council (202200137)

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REPORT

COMPLAINT 202200137

Southwark Council

6 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 response to the resident’s request to install a toilet upstairs in her property.

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 resident’s landlord is a local authority (LA). In November 2020 the resident contacted the LA’s Adult Social Care team and requested the installation of a toilet upstairs in her property on medical grounds.
  2. The resident was referred to the LA’s Occupational Therapy department and assessed twice in her home. Both Occupational Therapy assessments did not recommend the installation of a new toilet upstairs, and concluded that a commode would meet the resident’s needs. The LA reviewed the resident’s complaint in March 2022 and reiterated this position.
  3. Unhappy with this response, the resident escalated her complaint to this Service and asked for assistance in getting a new toilet installed.

Reasons

  1. While the Housing Ombudsman can investigate complaints about LAs that relate to its function as a social landlord, matters that come under an LA’s broader public service functions, such as adult social services, are not within the Housing Ombudsman’s jurisdiction to consider. Where a complaint involves the broader functions of the Council (as opposed to its social landlord function), these would fall under the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO). This is line with paragraph 42 (k) of the Scheme states that: “The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: fall properly within the jurisdiction of another Ombudsman, regulator, or complaints-handling body”;
  2. The resident’s request for an additional toilet on medical grounds was processed through the Adult Social Care team, and subsequent appeal processed as a complaint. Complaints concerning adult social care providers, including adult social care arranged by councils, fall within the jurisdiction of the LGSCO. Therefore, in accordance with paragraph 42 (k) of the Scheme, the complaint is not within the Ombudsman’s jurisdiction to consider further.