Swindon Borough Council (202009294)

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REPORT

COMPLAINT 202009294

Swindon Borough Council

9 July 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 Council disposing of items it was storing for 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, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident was living in privately rented accommodation when their landlord ended their tenancy. The resident then made an application to the Council for homelessness assistance under housing legislation.
  2. The Council offered a property to the resident, and they moved into the property in July 20216; the self-contained property was classed as temporary accommodation. The resident lived in the property from July 2016 to August 2020.
  3. From the information provided to this Service, it appears that, as part of the resident’s homeless application, the Council organised storage of the resident’s possessions. The Council explained that these items were disposed of in October 2018.
  4. The resident submitted a complaint to the Council, and it met with the resident in July 2019 to reiterate its apologies for the lost items and offered a goodwill gesture payment.

 

  1. Towards the end of 2020, the resident approached the Council again and asked it to investigate further. The Council provided a final response to the complaint on 22 January 2021. It confirmed it would not increase the original goodwill gesture payment amount. It also confirmed that the resident had completed paperwork to make an additional claim from the Council’s insurers, which it confirmed would be investigated outside its own complaints procedures.
  2. The resident brought their complaint to this Service and explained the loss of their possessions had caused anxiety and distress; and they wanted to know why and how the loss took place.

Reasons

  1. 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.

  1. The Council arranged storage of the resident’s possession as part of its handling of their application for housing, having become homeless. At the time the loss of possessions took place, the resident was in temporary accommodation with the Council, following their homeless application.
  2. When handling the resident’s application for housing and managing the provision of and termination of temporary accommodation, the Council was acting in its capacity as a local authority. Complaints made about local authorities concerning homelessness applications (which includes the management, determination and/or disposal of items in storage) is a matter for the Local Government and Social Care Ombudsman (LGSCO). I am therefore satisfied that this is not a complaint which the Housing Ombudsman can consider further.