Southwark Council (202425439)

Background

1. The resident reported an issue with her garden wall which collapsed in August 2022. She has said that she had concerns about it ever since she moved in and has had issues resolving the matter since it collapsed. She raised a complaint in January 2024 with the landlord and brought the case to the Ombudsman in October 2024 as she remained dissatisfied with the outcome. She has said that the matter is yet to be fully resolved.

What the complaint is about

2. The complaint is about the landlord’s handling of repairs to the garden wall.

Our decision (determination)

3. We have found that the complaint about the garden wall repairs is outside of our jurisdiction to consider.

Reasons

4. We may not investigate matters where a resident has had the chance to raise the subject matter of the complaint as part of arbitration proceedings. In this case, the resident referred her complaint about the issues she faced with the garden wall to the local authority’s arbitration tribunal service which took place on 28 November 2024.A decision was communicated on 2 December 2024. It is important to note that the local authority’s tribunal decision is final and binding. It may only be changed by a court based upon an error of law.
5. We also may not investigate complaints where it would be quicker, fairer, more reasonable or more effective to seek a remedy through the court, tribunal or other procedure. In this case, the complaint about the garden wall has already been dealt with through the arbitration tribunal, as mentioned above, and a decision was made.
6. We understand that the resident may be disappointed with this outcome and is continuing to face issues with the garden wall. However, for the reasons stated above, we will not investigate the complaint.