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East Riding of Yorkshire Council (202105260)

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REPORT

COMPLAINT 202105260

East Riding of Yorkshire Council

9 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 a request for compensation following an insurance claim in 2019.

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 raised a complaint in 2019 stating the landlord had caused damages following a leak. The resident requested financial compensation.
  2. The resident pursued the claim with the landlord’s insurers in February 2019. The insurers offered £650 to settle the dispute in November 2019. The resident considered this offer insufficient. The landlord explained that the resident decided to pursue this matter again in September 2021 and was informed that the offer of settlement from its insurers was still valid.
  3. The landlord provided its final response to the complaint on the 19 November 2021. The landlord explained that the complaint had been passed to its insurance provider and as such, it was unable to consider an offer of compensation in relation to the damages. The landlord stated that in its opinion the offer provided by the insurers was fair and reasonable. The landlord suggested that should the resident wish to pursue the claim for compensation further, that they seek independent legal advice. 

 

Reasons

  1. The Housing Ombudsman Scheme states that:

 The Ombudsman will not investigate complaints which, in the Ombudsman’s   opinion:

39 (e) were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising;

39 (i) – concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;

  1. The resident raised their complaint with the landlord in 2021 despite the occurrence of the issues considered in the complaint taking place in 2019. I am therefore that this is not a complaint which the Ombudsman can consider, as it was brought more than two years after the leak occurred.
  2. The resident also complained about the outcome of their insurance claim. This Service cannot investigate complaints about an insurance claim as they are a matter for the Court to consider. If the resident remains dissatisfied with the decision of the landlord’s insurers, they may wish to seek legal advice.
  3. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk