London Borough of Harrow (202325538)

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REPORT

COMPLAINT 202325538

London Borough of Harrow

23 May 2025

 

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 landlord’s handling of the resident’s:
    1. Request to move homes.
    2. Reports of various repairs.

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, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Reasons

  1. The resident became a secure tenant of the local council landlord in February 2022 through a mutual exchange. In August 2023, the resident applied to the landlord for rehousing due to the impact on her health from alleged anti-social behaviour (ASB) by her neighbour. She provided the landlord with a letter from her medical team, supporting her move based on concerns for her mental and physical health.
  2. The landlord did not approve the resident’s application to move, stating that she had not met the eligibility criteria based on her health needs. The resident was dissatisfied with the landlord’s decision. She raised this as a formal complaint in August 2023. Her complaint was not upheld.
  3. Following the landlord’s final response letter, the resident reported in November 2023 several repair issues in the property, including leaks from the bathroom, damp and mould.

The landlord’s handling of the resident’s request to move homes.

  1. Paragraph 42.j. of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, “fall properly within the jurisdiction of another Ombudsman, regulator, or complaint-handling body”.
  2. The Local Government and Social Care Ombudsman (LGSCO) is responsible for investigating complaints about a council’s activities (aside from their responsibilities as landlords), including complaints about applications for re-housing that meet the reasonable preference criteria (which includes medical grounds).
  3. Because of that, this complaint is not one the Housing Ombudsman will investigate.

The landlord’s handling of the resident’s reports of various repairs

  1.  Paragraph 42.a. of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, “are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint-handling failure and the Ombudsman is satisfied that the member has not acted within a reasonable timescale”.
  2. The resident raised her concerns about various repairs in the property, including leaks from her bathroom, damp and mould, in November 2023. This was after the landlord’s October 2023 final response letter in relation to her request to move.
  3. It is important that landlords have the opportunity to address a complaint through their own internal complaints procedure and the chance to resolve issues before the Service considers it. If the resident remains concerned about various repairs, she should raise this as a formal complaint with the landlord. If she remains dissatisfied with the landlord’s final response to her new complaint, she could ask the Ombudsman to investigate her new complaint.