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Hyde Housing Association Limited (202012315)

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REPORT

COMPLAINT 202012315

Hyde Housing Association Limited

28 July 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

  1. The complaint is about the landlord’s handling of the resident’s anti-social behaviour (ASB) reports between 2017 and 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. On 22 August 2017, the landlord wrote to the resident advising it had been made aware by police that the resident had appeared in court for threating their neighbour, for possession of a knife, and for the theft of keys from their neighbour’s property.
  2. On 16 August 2017, the landlord’s ASB officer, Resident Services Manager and two police officers had a meeting with the resident. The resident made a formal complaint about the landlord’s handling of a neighbour dispute, specifically concerning parking and allegations of harassment. The resident also complained that the landlord was siding with their neighbour in relation to the neighbour dispute.
  3. On 30 August 2017, the landlord provided its stage one response explaining that it had not upheld the resident’s complaint. It also explained that it had kept their ASB case open and that the issue was being closely monitored by its ASB team. The landlord explained that the resident would need to contact its service within 10 working days of its letter to escalate the complaint if they remained dissatisfied with the response. The landlord appears to have sent this letter to the resident again on 4 September 2017.
  4. On 14 September 2017, the resident wrote to the landlord in response to its letter of 22 August 2017. The resident explained that they would oppose any disclosure of the criminal proceedings referenced in the landlord’s letter because their arrest had not been the result of the ASB issue between them and their neighbour. They also explained that the landlord was unable to take enforcement action against their tenancy because no criminal proceedings had commenced. The resident subsequently explained that the landlord had failed to properly consider their ASB complaint because the landlord had not taken enforcement action against their neighbour.
  5. On 3 October 2017, the landlord provided a stage one response to a complaint it had received on 15 September 2017 concerning the information its ASB officer had obtained when dealing with the resident’s ASB case. It concluded that its investigation into the ASB case had been proportionate and appropriate in line with its ASB policy. It subsequently explained that the resident would need to escalate the complaint within 10 working days of its letter if they remained dissatisfied with the response.
  6. On 27 October 2017, the landlord provided a stage one response to a complaint it had received on 20 October 2017 concerning the resident’s allegations that the landlord had discriminated against them while dealing with their ASB case. The landlord advised that it had provided the appropriate responses to the resident’s stage one complaints and that it would no longer be responding to any complaints of this nature.
  7. On 2 March 2018, the landlord responded to a complaint it had received on 26 February 2018 concerning its handling of a neighbour dispute and the resident’s allegations of being discriminated against. The landlord explained that the matter was being dealt with by its legal team which would subsequently provide a response to the solicitor the resident had employed.
  8. On 27 September 2018, the resident made a formal complaint to the landlord about its handling of their ASB case, citing that the landlord had failed to properly investigate the matter. The resident explained that this complaint was a continuation of their previous complaints and that the matter had been the subject of legal proceedings. 
  9. On 13 June 2019, the landlord provided a stage one response after complaints from the resident on 31 May, 1 June and 3 June 2019 concerning its handling of their ASB case, among other issues. The landlord explained that it had not upheld the complaint and that the resident would need to escalate the matter within 10 working days if they remained dissatisfied with its response.
  10. On 19 January 2021, the resident brought a complaint to the Ombudsman about the landlord’s handling of their ASB complaints consequent to an incident with their neighbour on 15 June 2017. The resident explained that they had been discriminated against and harassed by the landlord during its handling of the issue.
  11. It was unclear from the resident’s correspondence to the Ombudsman as to whether the complaint had exhausted the landlord’s complaints procedure. Therefore, the Ombudsman contacted the landlord on 8 March 2021 requesting that it provide a final response to the resident’s complaint about its handling of antisocial behaviour allegations between 2017 and 2019.
  12. On 13 April 2021, the landlord wrote to the resident confirming it had been contacted by the Ombudsman and that it would provide a full response by 18 April 2021.
  13. On 27 April 2021, the landlord provided a stage one response to the resident explaining that it had reviewed the complaint and that it considered the matter concluded. The landlord also explained that time has elapsed for the case to be re-opened for investigation consequent to its complaint responses to the resident in September and October 2017. The landlord confirmed that this was its final response.
  14. On 27 April 2021, the resident contacted the Ombudsman advising that they were dissatisfied with the landlord’s final response because it had failed to properly investigate their complaint.  

Reasons

  1. Paragraph Paragraph 39 of the Scheme states that the Ombudsman will not investigate complaints which;

(d) were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member (landlord’s) complaints procedure.

(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.

  1. The complaint concerns the landlord’s handling of ASB complaints between 2017 and 2019. The landlord’s stage one responses of 30 August 2017, 4 September 2017, 3 October 2017, 27 October 2017, and 13 June 2019 sets out that the resident needed to contact its service within 10 working days of each letter to escalate their complaint if they remained dissatisfied with the response. However, there is no evidence to suggest that the resident escalated their complaint in line with the landlord’s complaints procedure.
  2. The resident then contacted this Service for help pursuing their complaint in January 2021. This Service referred the matter to the landlord in March 2021, the landlord confirmed that it considered the matters historic as they occurred in 2017 and 2018. After receiving the landlord’s stage one response in June 2019, the resident did not pursue the complaint again until January 2021. This was more than six months after the landlord’s response to the complaint. Therefore, in accordance with paragraph 39(d) of the Scheme, the Ombudsman cannot consider the complaint. 
  3. Further to the above, when the resident pursued the complaint in January 2021, more than two years had passed since the last reported incident of ASB relating to this complaint. Therefore, in accordance with paragraph 39(e) of the Scheme, the Ombudsman cannot consider the complaint.