Clarion Housing Association Limited (202205716)
REPORT
COMPLAINT 202205716
Clarion Housing Association Limited
4 September 2022
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 concerns the landlord’s response to:
- The resident’s reports of overcrowding and to their rehousing request; and
- To their fire and safety concerns.
Determination (jurisdictional decision)
2. 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.
3. 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
4. The resident advised this Service that they made their complaint to the landlord on 5 February 2020.
5. The landlord issued its final response to the complaint on 11 June 2020, addressed the complaint issues and did not uphold the complaint.
6. The resident brought their complaint to the Ombudsman on 21 June 2022, stating that they were dissatisfied with the landlord’s final response. The resident advised this Service that the outcomes they were seeking is for the landlord to rehouse them and that in the meantime, it should install the metal frame to a window on the stairs and install of handrail to the stairs, as it advised it would in its final response.
7. On 2 August 2022, the resident advised this Service that the reason they had not brought their complaint to the Ombudsman within 12 months of the landlord issuing its final response was because they had been corresponding with the landlord’s ‘available homes team’ whom they believed were going to rehouse them and that they contacted this Service when the landlord stopped responding to their enquires and advised them to contact the Ombudsman.
8. The resident provided a copy of a further complaint they made to the landlord on 11 January 2022 about the overcrowding and copies of the landlord’s responses dated 13 and 14 January 2022, in which it advised the resident its complaints process had been exhausted and that they should contact the Ombudsman.
9. In their letter to the Ombudsman of 2 August 2022, the resident also advised that they had to put all of their housing issues on hold following a family bereavement, to prioritise and focus on the wellbeing of their family.
Reasons
10. Paragraph 39(d) of the Housing Ombudsman Scheme, sets out 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”
11. The complaint has been brought to the Ombudsman almost 24 months after the landlord issued its final response. The resident has advised the Ombudsman that they did not bring the complaint within 12 months of the landlord’s final response because they were in communication with the landlord about the prospect of being rehoused and because of a bereavement. While this is noted, we do not consider that the resident has provided sufficient reason for not bringing their complaint to the Ombudsman sooner.
12. We appreciate that the resident is living in overcrowded conditions and that they are experiencing difficulties. We also understand that our decision is likely to be a disappointing outcome for the resident.
13. In conclusion, the Ombudsman cannot consider this complaint, as the resident referred it to the Ombudsman more than 12 months after it exhausted the landlord’s complaints procedure.