Memorandum of Understanding with the LGSCO

Local Government and Social Care Ombudsman

The LGSCO investigates complaints from the public about injustice caused by maladministration or service failure by a local authority or other body within jurisdiction. The LGSCO is also the social care ombudsman for England. In this role, the LGSCO has jurisdiction to carry out independent investigations into complaints about any matters connected with the provision of adult social care. This is a seamless service covering all types of adult care in the public, private and third sectors irrespective of who funds or arranges that care. The LGSCO can recommend a suitable remedy (which can include financial redress) for any injustice found.

Housing Ombudsman

The Housing Ombudsman makes the final decision on disputes between residents and member landlords. It also set the standards in complaints handling through its Statutory Complaint Handling Code and supports effective landlord-tenant dispute resolution by others, including landlords themselves, promoting positive change in the housing sector. The Ombudsman can also look beyond individual disputes into the wider and deeper issues responsible for generating complaints and seek to address those issues to improve residents’ lives and landlords’ services. Full conditions of membership, and the Ombudsman’s powers, are set out in the Scheme.

When investigating complaints, the Housing Ombudsman will have due regard to the law, relevant codes of practice (which includes the regulator’s standards and statutory guidance), policies and procedures.

Who can make a complaint

To the LGSCO

A complaint to the LGSCO may only be made by, or on behalf of, a member of the public or a body of persons other than a local authority or other public service body. Members of the authority concerned cannot normally make a complaint to the LGSCO. Members may only do so if acting as members of the public, e.g. in relation to matters affecting them as users of a local authority service.

To the Housing Ombudsman

The following people can make complaints to the Ombudsman about members:

1. a person who is or has been in a landlord/tenant relationship with a member. This includes people who have a lease, tenancy, licence to occupy, service agreement or other arrangement to occupy premises owned or managed by a member. If the complaint is made by an ex-occupier, they must have had a legal relationship with the member at the time that the matter complained of arose;
2. an applicant for a property owned or managed by a member;
3. a representative of any of the people above who is authorised by them to make a complaint on their behalf;
4. a representative of any of the people above who does not have the capacity to authorise a representative to act on their behalf. The Ombudsman must be satisfied that the representative has the legitimate authority to act on the person’s behalf; or
5. a person with authority to make a complaint on behalf of any of the people above who is deceased.

This means that, as well as considering complaints from tenants, the Housing Ombudsman can also accept complaints from leaseholders and shared owners. The only category of homeowner who is not eligible to bring a complaint to the Housing Ombudsman about a member landlord are those who own the freehold of their home.

Casework

At any stage during an investigation of a complaint LGSCO or the Housing Ombudsman may decide that the complaint relates partly to a matter which could be within the jurisdiction of the other. Where either Ombudsman considers that the complaint involves actions that fall within the remit of the other Ombudsman, they shall consult about the complaint. Both organisations can share information about a complaint in order to consult without the express consent of the complainant or their representative.

All information shared will be shared in compliance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For more details about how personal data is processed please see the privacy notices for LGSCO and the Housing Ombudsman which are accessible online.

If consent has been given by the person complaining, the LGSCO and the Housing Ombudsman may directly refer new complaints between them.

LGSCO and HOS can decide to jointly investigate a complaint, where the agreed criteria for a joint investigation are met.

Operational arrangements for the handling of complaints are set out in the Joint Working Operating Procedures and will be subject to periodic review.

LGSCO and the Housing Ombudsman recognise that there may be areas of mutual interest in sharing insights and data at an organisation level. This sharing could help to identify repeated service failures and may support referral to a governing body, or other appropriate regulatory agency to improve effectiveness at an individual local authority or sector-wide basis. LGSCO and the Housing Ombudsman have agreed that they will:

1. meet and communicate every six months at Head of Service level or above to discuss matters of mutual interest, including information, insights and data; and
2. seek to promote understanding about their respective roles.
3. notify each other in advance of relevant activity or a publication on a local authority

Both parties will discuss and keep under review the appropriateness of other forms of joint working and stakeholder engagement. The purpose of such work will be to:

• promote a better understanding of jurisdiction
• help ensure appropriate and timely referrals of complaints to the LGSCO and the Housing Ombudsman
• disseminate wider learning from investigations into the interactions between social landlords and local authorities.

Representatives from LGSCO and the Housing Ombudsman will review the operation of this MoU every three years or after a significant change in legislation, policy or practice in either party, to ensure that it reflects any developments and changes in working practices.

This MoU was agreed by both parties on 8 March 2024.

Signed:

…………………………………………….

Amerdeep Somal

Local Government and Social Care Ombudsman

Richard Blakeway

Housing Ombudsman

A1       Types of complaint

Four types of complaint can be identified as a focus for this Memorandum. These are:

• Those that are made to the wrong party
• Those where the position is unclear
• Those that are for neither party
• Those which may engage the jurisdiction of both parties

A2       How complaints are handled

Both Ombudsmen must take care to avoid making (or appearing to make) jurisdictional decisions on the other’s behalf. Often, the Ombudsman receiving a complaint will need to make enquiries to establish sufficient facts to determine which of the above categories a complaint falls into. Before signposting or referring a complaint to the other Ombudsman we should ensure we have enough information to confirm the complaint is not in our own jurisdiction.

If necessary, the Ombudsman making the initial enquiries should contact the other Ombudsman for more information about their approach before signposting or referring a complainant. When deciding jurisdictional matters, the LGSCO may need to share complainant personal data with the Housing Ombudsman. If this happens, the LGSCO will seek consent from the person complaining or their representative and vice versa.

To reach a prompt and clear decision on jurisdiction, it may be necessary for discussions to take place between the LGSCO and the Housing Ombudsman. For the LGSCO, Intake Team Leaders and Investigators have the authority to hold those discussions. For the Housing Ombudsman, any member of the Dispute Resolution Team has that authority. In the event that agreement is not reached, or that the position cannot be made clear, the matter should be referred to nominated officers at the LGSCO and the Housing Ombudsman. The nominated officers will also liaise where a case investigated by one Ombudsman is found to be outside jurisdiction and may, therefore, need to be referred directly to the other party.

Complaints that are made to the wrong party

The LGSCO and the Housing Ombudsman each have their own arrangements for the receipt of new complaints. Where either party receives, or becomes aware of, a complaint that falls within the jurisdiction of the other party, the person complaining will be advised that the
matter is outside jurisdiction but that they may make a complaint to the other party. Contact details for the other party will be given. The person complaining can also be advised that a direct referral can be made from one organisation to the other, subject to their agreement.

Complaints where the position is unclear

One party may receive a complaint which is unclear, for example in the following ways:

• It is not clear which, if any, body has jurisdiction to deal with the complaint
• It is possible that the other body has previously dealt with a complaint about the same or a similar matter and it is necessary to establish what aspects of the com- plaint are new

In such circumstances, enquiries will be made of the person complaining and/or the other party in order to clarify the position. The processes outlined above in A2 ‘How complaints are handled’ will be followed to seek consent to share information.

Complaints that are for neither party

The LGSCO and the Housing Ombudsman cannot make complaint decisions on behalf of each other. But they will build up and share knowledge of each other’s jurisdiction so that appropriate advice can be given. Where a complaint is not accepted by one party, it will be open to the person complaining to approach the other party which will make its own decision on jurisdiction. But where it is clear that the complaint does not fall within the jurisdiction of either party, the person complaining will be given advice about any known alternative avenues of redress.

Complaints which may engage the jurisdiction of both parties

Some complaints may be sufficiently broad as to fall within the jurisdiction of both the LGSCO and the Housing Ombudsman. In those cases, the LGSCO and Housing Ombudsman will liaise to establish what measures are necessary to ensure that both parties deal appropriately and effectively with the complaint.

Where it is known that a decision on a complaint by one party may have a bearing on the consideration of a complaint by the other party, a case discussion will take place before a final decision is issued. In some cases it may be appropriate for one party to suspend action on an investigation until the other party has reached a view on its own investigation.

Decisions on complaints which fall within the jurisdiction of the LGSCO may only be taken by or with the delegated authority of the LGSCO. Where the Housing Ombudsman has jurisdiction, the decision may only be taken by or with the delegated authority of the Housing Ombudsman.

Where either Ombudsman forms the opinion that a joint investigation is required, they will seek consent from the person complaining or their representative in accordance with paragraph 10A (2), schedule 2 of the Housing Act 1996 (as amended by the Localism Act 2011).

Complaints referred to the Housing Ombudsman

Unless stated otherwise the Housing Ombudsman considers complaints about housing associations, local housing authorities and voluntary for-profit members of its Scheme.

Leasehold services

• Shared ownership and sales processes for leasehold properties owned by housing associations
• Shared ownership stair-casing for properties owned by housing associations
• Full ownership and sales processes for leasehold properties owned by housing
  associations
• Right to buy and right to acquire for tenants of housing associations
• Repair responsibilities under the lease
• Mortgage rescue schemes
• Leasehold services provided by the landlord

Moving to a property

• Transfer applications that are outside Housing Act 1996 Part 6
• Type of tenancy offered
• Mutual exchange
• Decision to renew a fixed tenancy
• Decants (including those that are dealt with via the local housing authority’s
  allocation policy)
• Mobility Schemes

Rent and service charges

•  Rent or service charges

Occupancy rights

• Terms and conditions of occupancy rights
• Succession
• Assignment
• Ending a tenancy (eg notice periods)
• Abandonment of property
• Possession proceedings

Property condition – repairs and improvements

• Condition of the property when first let (eg void works)
• Responsive repairs
• Planned maintenance or cyclical works
• Improvement works carried out by landlord or tenant
• Rechargeable repairs
• Disabled adaptations

Tenant behaviour

•  Anti-social behaviour
• Noise nuisance
• Harassment

Estate management

• Cleaning or repairs of communal areas
• Boundary issues
• Grounds maintenance
• Parking linked to occupancy agreement
• Use of communal areas

Complaint handling

•  The landlord’s handling of a complaint in their complaint process, including delays

Compensation

•  Home loss or disturbance payments
• Improvements carried out by the tenant
• Payment for damage to property or tenant’s belongings
• Discretionary payments

Complaints referred to the Local Government and Social Care Ombudsman

Unless stated otherwise the Local Government and Social Care Ombudsman considers complaints about local authorities.

Housing allocations under Housing Act 1996 Part 6

•  Applications for re-housing that meet the reasonable preference criteria (dealt with by the local housing authority or any other body acting on its behalf, which could include a housing association). Includes complaints about:
  • Assessment of such applications, the award of points, banding or a decision that the application does not qualify for reasonable preference
  • Operation of choice based lettings schemes and about the suitability of
    accommodation offered under those

Homelessness under Housing Act 1996 Part 7

•  Applications for assistance under the homelessness legislation (dealt with by the
• local housing authority or any other body acting on its behalf, which could include a housing association). Includes complaints about:
  • Homelessness advice and homelessness prevention activities
  • How applications are dealt with and decisions about eligibility for and
    allocation of interim and temporary
  • The management of interim and temporary accommodation

General housing advice

•  General advice from the local authority about housing options
• Handling of reports from tenants of private landlords about unlawful eviction,
  harassment, disrepair and other matters

Housing benefit

•  Handling of applications for housing benefit

Housing improvement grants

•  Applications for mandatory and discretionary housing improvement grants. Includes complaints about:
  • Provision of advice, processing of applications, preparation of schedules of work, payment of grant and other decisions on grant eligibility and entitlement
  • Actions of social services occupational therapy services with regard to
    assessment and eligibility for disabled facilities grant

Antisocial behaviour

•  Antisocial behaviour which does not fall within the remit of a social

Environmental Health Services

• Reports of statutory noise and other nuisance to environmental health services
• Actions/decisions made by Environmental Health Services

Sale or disposal of land on housing estates

• Applications or requests to buy parcels of land owned by local authorities
• Sales processes for properties owned by local authorities
• Right to buy and right to acquire for tenants of local authorities
• Requests from local authority tenants or leaseholders to purchase extensions such as hall/loft/basement space

Planning and building control at properties owned by a social landlord

• Applications for planning permission
• Planning enforcement
• Applications and enforcement under the building regulations
• Delivery of adult social care services, including that done by registered social landlords