Guildford Borough Council (202123338)
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REPORT
COMPLAINT 202123338
Guildford Borough Council
6 April 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
- The complaint concerns the landlord’s handling of reports of unacceptable behaviour made against the resident.
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 is in non-secure temporary accommodation under the Council’s statutory homelessness provisions.
- The resident received a letter from the landlord concerning a report it received alleging that the resident was abusive towards a member of its staff.
- The resident submitted a complaint to the landlord, which provided its final response to the complaint on 4 October 2021. The resident then referred their complaint to this Service.
Reasons
- Paragraph 39 (m) of the Housing Ombudsman Scheme states that:
- “The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body”
- The resident’s complaint concerns a property provided by the council as temporary accommodation. Complaints about temporary accommodation provided by a local authority are a matter for the Local Government and Social Care Ombudsman. Therefore, the Housing Ombudsman cannot consider this complaint.
- Local Government and Social Care Ombudsman details are as follows: www.lgo.org.uk 0300 061 0614.