Settle Group (202121780)

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REPORT

COMPLAINT 202121780

Settle Group

10 February 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

  1. The complaint is about the resident’s concerns relating to the landlords handling of her data.

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. 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 1 November 2021, the resident raised a formal complaint to her landlord on the grounds that she believed the landlord had breached the General Data Protection Regulation (GDPR).
  2. On 16 December 2021, the landlord issued its final response to the complaint. It provided a screenshot of a declaration signed by the resident and concluded that there hadn’t been a breach of GDPR.
  3. On 17 December, the resident referred her complaint to this service, stating that they believed the landlord was still in breach of GDPR. She said that if she had signed a form, this would have been to go on the housing register and not to consent to share her data. She also felt that she was deceived and co-erced into signing the form and that her privacy had been violated.

Reasons

  1. Paragraph 39 (m) of the 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;
  2. I understand the resident feels very strongly that her data has been used in a way that she did not agree to. This service is unable to investigate whether there has been a breach of the Data Protection Act 2018 or GPDR.  This is because these matters are better dealt with by the Information Commissioners Office.  
  3. If the resident wishes to pursue the matter any further, they should contact the ICO directly.

     https://ico.org.uk/