Southwark Council · Case 202119989 · 3 December 2021
Southwark Council — case 202119989
The Ombudsman determined the complaint was outside its jurisdiction because the resident referred it more than 12 months after the landlord's final response, contrary to paragraph 39(d) of the Housing Ombudsman Scheme.
Findings by complaint head
Summarised automatically from the decision below. The Ombudsman's decision text is the authoritative record.
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Complaint about a phone call from the rent team
Outside jurisdictionThe resident complained about information provided during a telephone call with the rent income team regarding their rent account balance. The landlord issued its final response on 13 August 2020, but the resident did not refer the complaint to the Ombudsman until 28 September 2021, over 12 months later. The Ombudsman determined this was outside jurisdiction under paragraph 39(d) of the Scheme due to the delay.
The full determination
REPORT COMPLAINT 202119989 Southwark Council 3 December 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 The complaint concerns the resident’s dissatisfaction with a phone call made by the landlord’s rent team. 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, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction. Summary of events On 23 July 2020, the resident submitted a complaint to the landlord.
The resident raised concerns regarding the information received during a telephone call with the rent income team. The resident explained they were unhappy with information the landlord provided about the balance of their rent account. The landlord provided a final response to the complaint on 13 August 2020. It explained that the information provided to the resident about their rent account had been correct. On 28 September 2021, the resident referred their complaint to this Service.
Reasons Paragraph 39d of the Housing Ombudsman Scheme states that: ‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: Were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.’ As set out above, this service has set timescales to bring a complaint for investigation. We believe it is important that complaints are referred as quickly as possible as it becomes more difficult for both parties to present information and recall events accurately as more time passes since the issue’s occurrence.
The Ombudsman considers that twelve months following the issue of the final response is a reasonable period of time in which to raise a complaint. The landlord provided its final response on 13 August 2020, the resident did not ask this Service to investigate their complaint until 28 September 2021, 13 months later. I am therefore satisfied that, in accordance with paragraph 39 (d) of the Scheme, this is not a complaint which the Ombudsman can investigate further.
This is a structured summary of a published determination. The official decision is the authoritative record. Contains public sector information licensed under the Open Government Licence v3.0.