London Borough of Ealing — case 202425738

REPORT COMPLAINT 202425738 London Borough of Ealing 04 July 2025 Our approach The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings. The complaint The complaint is about the landlord’s handling of the resident’s: Reports of damp and mould. Concerns about a regeneration programme and suitable alternative offers of accommodation.

Reports of harassment and discrimination. 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, we have determined that the complaint, as set out above, is not within the Ombudsman’s Jurisdiction. Summary of events The resident is a secure tenant of a 2-bedroom first floor property where she lives with her 3 children.

The landlord, a local council, owns the building. The resident complained to the landlord in January 2023 about damp and mould in her home caused by an external leak. The landlord sent a stage 1 complaint response on 18 January 2023 stating it had reported the matter to its repairs team. It attended the resident’s home, took photographs, reported defective sealant around the bath and in the kitchen. It resolved the leak in May 2023. The complaint was not escalated to the landlord’s stage 2 procedure.

The resident raised a further complaint to the landlord in February 2024. She expressed her concerns about its regeneration programme and the suitability of its offers of alternative accommodation. She claimed that it had harassed and discriminated against her and was treating other families differently. In her escalation request she added that she was experiencing damp and mould. In the landlord’s complaint responses in March and April 2024, it explained the detail of its regeneration programme.

It offered all residents who wished to remain, a newbuild property. However, the resident declined this option. Therefore, its ability to rehouse the resident was dependent on the availability of empty homes from its existing stock. It made her a direct offer, offered a statutory home loss payment, and grants for out-of-pocket expenses. It said it was unable to discuss the circumstances of other families and responded to her concerns of harassment and discrimination. It advised her to contact its repairs team if she was experiencing damp and mould.

Following the landlord’s final complaint response, the resident rejected its direct offer of alternative accommodation. The landlord commenced legal proceedings and on 16 September 2024 was granted possession by the court. It applied to expedite the possession in December 2024 as the resident had not vacated the property. Its expedition was dismissed by the court and the resident submitted an appeal disputing the suitability of the offered accommodation. The landlord’s solicitor has offered mediation to try to resolve the matter.

Both the mediation and appeal are ongoing. Reasons Damp and mould Paragraph 42.a of the Housing Ombudsman Scheme (the Scheme) says that we may not consider complaints which, in our opinion, are made prior to having exhausted a member’s complaints procedure. The landlord addressed the resident’s reports of damp and mould at stage 1 of its complaints process in 2023. However, we have seen no evidence that the resident escalated her complaint to stage 2. The subsequent report of damp and mould, over a year later in a separate escalation request, did not form part of the original complaint.

The landlord provided appropriate advice to report the matter to its repairs team. We are, therefore, unable to consider the reports of damp and mould as it did not complete the landlord’s 2-stage complaints process. Regeneration programme Paragraph 41.c of the Scheme states that the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion, concern matters that are the subject of court proceedings or where the subject of the court proceedings where judgement on the merits was given.

The regeneration programme and suitability of alternative accommodation has been subject to a decision by the court. This is ongoing via an appeal process and is, therefore, outside of this Service’s jurisdiction and is a matter to be decided by the courts. Harassment and discrimination Paragraph 42.e of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.

The resident wrote to the court in July 2024 expressing her concerns about harassment and discrimination. The matters have also been raised with the landlord’s solicitor and are part of an ongoing mediation protocol with respect to the possession of the property. She also has the opportunity to raise this further as part of her appeal which is pending. The resident’s request for us to investigate discrimination and unprofessional practices by the landlord falls outside our expertise.

We are unable to make findings of discrimination. Allegations of discrimination are serious legal complaints which require a decision by a court of law. The resident may wish to seek legal advice if she wants to pursue her concerns further using equalities legislation. She can also speak to The Equality Advisory and Support Service (EASS) for guidance. Additional Matter The resident raised an additional matter to us about the increase in her service charge. This does not appear to have completed the landlord’s 2-stage complaints process and we are unable to determine the reasonableness of the level of rent or service charge.

It would be more effective to seek a determination from the First Tier Tribunal (FTT) or court for matters relating to the level of service charge and the fairness or reasonableness of any disputed charges. This is in accordance with paragraph 42.d of the Scheme which states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, concern the level of rent or service charge or the amount of the rent or service charge increase.