Estuary Housing Association Limited (202107783)

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REPORT

COMPLAINT 202107783

Estuary Housing Association Limited

25 August 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

  1. The complaint is about the landlord’s response to the resident’s request for compensation for an injury.

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

Summary of events

  1. The resident submitted a complaint to the landlord on the 28 June 2021. She stated that on the 12 June 2021, a vent on her ceiling fell and injured her. She explained she was unable to lift her arm and that it was swollen. The resident advised an engineer attended on the 17 June 2021 who said the vents were not secured properly. She requested the landlord compensate her for the injury and loss of earnings the resident said the injury caused.
  2. The landlord issued its final response to the complaint on the 30 June 2021. The landlord explained that the resident had agreed to pursue a personal injury claim. The landlord advised that once a personal injury claim is pursued, it is handed over to its insurers to investigate and is no longer considered under its complaints procedure. The landlord confirmed that the complaint had been closed at Stage One and the resident could approach this Service.
  3. In a call to this Service on the 1 July 2021, the resident advised she was hospitalised due to the ceiling fan falling on her. The resident expressed concern about whether the landlord was taking her complaint seriously.
  4. The Housing Ombudsman was provided with a copy of the final response by the resident on the 1 July 2021. The resident emailed this Service to explain they were seeking compensation for the injury they sustained.
  5. During a call with this Service on the 9 August 2021, the resident advised she is attending physiotherapy due to the injury she sustained. The resident explained she believes the landlord should compensate her for the injury as she states the vent was not properly secured to the ceiling.

Reasons

  1. Paragraph 39(i) of the Scheme states that…

‘’The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;’’

  1. The resident confirmed that they are seeking compensation for personal injury as they believe the landlord is liable for their injury, due to how the fan was secured. Personal injury claims are a matter for the Courts to consider. I am satisfied that, in accordance with paragraph 39 (i) the Ombudsman cannot consider this complaint.
  2. The Ombudsman is aware that this is likely to be a disappointing outcome for the resident. If the resident wishes to pursue this matter further, they may wish to seek their own independent legal advice.