Ealing Council (202118784)
REPORT
COMPLAINT 202118784
Ealing Council
13 December 2021
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
Determination (jurisdictional decision)
- 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.
- 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
- The resident states she originally raised a formal complaint with the Council in 2008 stating that she was unhappy with its decision to refuse a management transfer in 2006. This Service has seen information that suggests the resident reraised this issue in 2018 and then sought assistance from the LGSCO. The resident then pursued the matter further in 2020.
- The Council provided a final response to the complaint on 6 November 2020. The Council explained that the resident first raised concerns and was issued a stage one response in 2008. The Council acknowledged that the resident reapproached it to escalate the complaint in August 2018. The Council stated that it was difficult to comment on the events pertaining to the end of the tenancy as the records no longer existed. The landlord stated that whilst it was unable to verify what advice the resident received in 2006, that it noted that the resident had voluntarily given up her Council tenancy in favour of being rehoused in the private sector.
Reasons
- Paragraph 39e of the Housing Ombudsman Scheme states that:
‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising;
- The resident’s complaint is that she was not given a priority management transfer in 2006. The resident escalated the complaint in August 2018, some 12 years later. The landlord provided its final response to the complaint dated 6 November 2020.
- The resident complained that events which occurred in 2006 should have given rise to the offer of a management transfer by the landlord. From the information this Service has seen, the resident did not complaint until 2008, then pursued the matter in 2018. The complaint brought to this Service, was not made until 2020, more than ten years later. .
- As set out above, this service has set timescales to bring a complaint for investigation. We believe it is important that complaints are referred as quickly as possible as it becomes more difficult for both parties to present information and recall events accurately as more time passes since the issue’s occurrence. The Ombudsman considers that six months is a reasonable period of time in which to raise a complaint.
- . I am therefore satisfied that, in accordance with paragraph 39 (e) of the Scheme, this is not a complaint which the Ombudsman can investigate further.