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Wolverhampton City Council (202106938)

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REPORT

COMPLAINT 202106938

Wolverhampton City Council

8 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 concerns:
    1. The council’s handling of the resident’s stay in temporary accommodation.
    2. The resident’s experience of securing permanent accommodation through the council.
    3. Information provided to the resident about storage of their possessions while in temporary accommodation and damage caused.
    4. An issue relating to council tax being charged for two properties.

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 submitted a complaint to the council about the issues set out above.
  2. The council provided its final response to the resident on 21 July 2021, addressing issues relating to the provision and management of temporary accommodation; storage of the resident’s possessions while in temporary accommodation; and an issue relating to council tax invoices across two properties. The council’s final response referred the resident to this Service.
  3. The resident referred their complaint to this Service and it was accepted for investigation on 6 August 2021. The resident explained that they were unhappy with the council’s handling of their complaint and the level of compensation it offered.

Reasons

  1. Paragraph 39 (m) of the Housing Ombudsman Scheme sets out 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. The Housing Ombudsman Service can only consider complaints which concern the council’s actions as a landlord, in its management and provision of tenancies and leaseholder properties.
  3. Where a council is providing or managing temporary accommodation, fulfilling its obligations to assist applicants into permanent housing, or charging constituents council tax, it does so in its capacity as a local authority.
  4. The Local Government and Social Care Ombudsman consider complaints about local authorities. Therefore, the Housing Ombudsman cannot consider this complaint.
  5. The resident may wish to contact the Local Government and Social Care Ombudsman for further assistance with their complaint.

www.lgo.org.uk

0300 061 0614