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London Borough of Barnet (202307049)

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REPORT

COMPLAINT 202307049

London Borough of Barnet

28 November 2024

 

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 resident’s complaint is about:
    1. The landlord’s handling of a request for CCTV made by the police.
    2. The landlord’s handling of antisocial behaviour (ASB) and alleged disability discrimination against the resident.

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.

Summary of events

  1. The resident lives in a flat which is let on a non-secure weekly tenancy agreement. He has lived there since February 2021 and the property was provided to him as temporary accommodation under Part VII of the Housing Act. The local authority is the landlord.
  2. The resident complained to the landlord on 4 January 2023 following its response to his request for CCTV in communal areas of the block of flats he lives in. This request came after the resident experienced ASB and reported that there was drug use in the block.  The resident was unhappy that the landlord’s decision not to install CCTV was made despite the police’s recommendation that CCTV be installed.
  3. The landlord provided its final response on 30 March 2023 reiterating its decision not to install CCTV and stated that a contributing factor was the risk of equipment vandalism. It promised to consider the feasibility of future CCTV installation and said that he would be informed if this decision changes.
  4. The resident believes that the landlord has not considered his disability when determining what decision to take and has acted in a discriminatory manner.
  5. He referred his complaint to this Service on 26 May 2023 with the support of an advocate.

Reasons

  1. The resident holds a non-secure tenancy in long term temporary accommodation which was provided by the local authority to meet its homeless duties under Part VII of the Housing Act.
  2. Complaints about temporary accommodation provided under Part VII of the Housing Act fall within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO).
  3. Paragraph 42.j. of the 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.
  4. In this case, we are satisfied that this complaint is about matters relating to the provision of temporary accommodation provided by the local authority to meet its duties under Part VII of the Housing Act. As it is a complaint about matters that fall within the jurisdiction of another Ombudsman, the LGSCO, this complaint is outside the jurisdiction of the Housing Ombudsman and is not one we can investigate.