Notting Hill Genesis (202108267)

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REPORT

COMPLAINT 202108267

Notting Hill Genesis

22 September 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 referral and response to a Community Multi-Agency Risk Assessment Conference (CMARAC) that that took place in 2019 and the information used as part of that assessment.

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. On 14 November 2019, a CMARAC meeting was held. This action was taken in order to address and discuss the historical reports of antisocial behaviour made by the resident against their neighbour. A further CMARAC meeting was held on 12 December 20219.
  2. The resident made a complaint to the landlord about the referral. It provided its final response on 20 January 2020 (reference CAS-17628-G4M0L6).
  3. In August 2020, the resident submitted a claim to Court which listed the landlord as a defendant – alongside the Police, NHS and local authority. The claim set out that the claimant “challenges the defendant(s) for depriving him of his consent in respect of its decision to refer him to the Community MARAC as well as the decisions and actions instigated from this conference. The claimant has been deprived of his right to provide consent to the CMARAC referral as this was referred on false premises without the claimant’s consent, knowledge or awareness”.
  4. On 12 October 2020, this Service issued a determination concerning the resident’s complaint about the landlord’s handling of antisocial behaviour reports (our reference 201911189). As part of our investigation, we considered the landlord’s decision to make a CMARAC referral and found that this was “in line with its ASB policy and appropriate”.
  5. On 8 April 2021, the resident’s claim was struck out by the Court. On 23 April 2021, the resident submitted a complaint to the landlord about the CMARAC referral.
  6. The landlord provided a final response to the resident’s complaint on 9 June 2021 (reference 00041855). This addressed both the complaint about the CMARAC referral and other issues relating to antisocial behaviour.
  7. The resident referred their complaint to this Service for investigation, clarifying that the only complaint they wish us to consider concerns the CMARAC referrals in 2019.

Reasons

  1. Paragraph 39 of the Ombudsman Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

(e) “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”.

(h) “concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings”.

(o) “seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon”.

  1. This Service has seen evidence that the resident submitted a claim to Court about the CMARAC referrals, in which the landlord was named as a defendant. As this matter has already been considered by Court, this Service cannot consider this complaint.
  2. The resident brought a complaint to the landlord in 2020 about the CMARAC referral, which was considered under its reference CAS-17628-G4M0L6. The resident asked this Service to investigate their complaint, which was determined under our reference 201911189 on 12 October 2020. This Service will not consider complaints it has already investigated.
  3. The resident’s recent complaint (considered under the landlord’s reference 00041855) was brought to the landlord in April 2021. The CMARAC referrals occurred in 2019, therefore this Service cannot consider this complaint as it was made more than twelve months after the referrals were made. 
  4. For all the reasons provided above, I am therefore satisfied that this is not a complaint which the Ombudsman can consider further. The resident remains at liberty to seek further independent legal advice, should they wish to do so.