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LiveWest Homes Limited (202308250)

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REPORT

COMPLAINT 202308250

LiveWest Homes Limited

29 October 2024


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 landlord’s:

 

a.   Response to antisocial behaviour (ASB) reports about the resident and her household

b.   Handling of the resident and her household’s personal 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.

 

  1. After carefully considering all the evidence, this Service has determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident is an assured tenant of a 2 bed house. She is a pensioner with health needs. At the time of the complaint, she was receiving treatment for an ongoing health problem.

 

  1. The landlord received complaints from neighbours about the behaviour of the resident’s son, who has a diagnosed mental illness. At the time, the resident’s son lived with her.

 

  1. The landlord applied to court for an ex-parte injunction, with a power of arrest, prohibiting the resident’s son from approaching the neighbour or her household.  The ex-parte injunction order was approved by the court on 19 June 2023 pending a return hearing.

 

  1. Around this time, the resident’s son was admitted to hospital as a long-stay patient and has since moved into a rehabilitation scheme. He no longer lives with the resident.

 

  1. The case was listed for a return hearing date in October 2023. The resident had legal representation at the hearing when parties agreed to settle proceedings by way of an undertaking.

 

  1. Between July and November 2023, the resident raised several complaints in which she said that:
    1. The witness evidence attached to the court application included inaccurate information and false allegations.
    2. The landlord did not investigate the reports of ASB fully and was not impartial.
    3. The landlord colluded with mental health services and discriminated against the resident.
    4. There was a breach of the resident and her son’s personal data.

 

  1. The landlord responded on 13 February 2024 that the issues raised in the resident’s complaint were outside of its complaints process as they were the subject of court proceedings.

 

  1. The resident asked the landlord to escalate her complaint to stage 2.  She said that:
    1. The landlord attended multi-agency meetings with health services about her son, without her agreement.
    2. The landlord did not undertake impartial investigations and did not follow its own policies and procedures.
    3. The landlord was responsible for a personal data breach.

 

  1. The landlord responded on 26 February 2024 and said that the matters raised by the resident remain excluded from its complaints procedure. It addressed matters relating to a personal data breach and the landlord’s complaints handling and communication in its response.

 

  1. The resident was unhappy with the landlord’s response and referred the complaint to this Service for investigation.

Reasons

  1. 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 were the subject of court proceedings where judgement on the merits was given”.

 

  1. Paragraph 42.e. of the Scheme says 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”

 

 

  1. The landlord applied for an antisocial behaviour injunction restricting contact between the resident’s son and her neighbours. On the advice of her legal representative, the parties agreed a settlement to the proceedings by way of an undertaking. This was approved by the court.

 

  1. Even where parties have agreed a settlement in legal proceedings, it is reviewed by the court and the terms recorded in an order. Under the Scheme, the Ombudsman is not able to consider matters pertaining to the ASB injunction, as they relate to the court proceedings.

 

 

  1. The resident has also said that the landlord breached Data Protection legislation by sharing information about her and her household with another organisation. Paragraph 42.j. of the Scheme says that the Ombudsman “may not consider complaints which fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body.” Complaints relating to compliance with General Data Protection Regulation (GDPR) are properly within the jurisdiction of the Information Commissioner’s Office (ICO) (www.ico.org.uk). The resident may wish to approach the ICO directly if she seeks to pursue this aspect of her complaint.