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London Borough of Ealing (202305230)

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REPORT

COMPLAINT 202305230

London Borough of Ealing

24 April 2025


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme (the 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 concerns about the condition and suitability of her temporary accommodation.

Determination (jurisdictional decision)

  1. When a resident brings a complaint to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why will not investigate a complaint.
  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 had a non-secure tenancy agreement with the council for temporary accommodation under the homelessness part (Part VII) of the Housing Act 1996 as amended by Homelessness Act 2002. The agreement said that it was not a secure tenancy because it was excluded by paragraph 4 of Schedule 1 to the Housing Act 1985.
  2. The lease began on 5 September 2022. The property belonged to a private landlord who used the function of a managing agent. The resident reported issues with repairs in the temporary accommodation to the managing agent.
  3. The resident raised concerns with the council about the suitability of the property via her MP on 13 September 2022.
  4. The resident complained to the council on 17 April 2023 about the condition and suitability of the property. The council did not uphold her complaint. She escalated her concerns to stage 2 of the council’s complaints process on 18 May 2023, but it again did not uphold the complaint.
  5. On 4 October 2023, the resident approached the Ombudsman as she was unhappy with the outcome of her complaint. At this time, she had moved into permanent accommodation and as such, we recorded that she had a secure tenancy. In November 2024, the council provided its evidence which included the previous lease agreement.

Reasons

  1. Paragraph 41.d of the Scheme states that we cannot consider complaints which, in the Ombudsman’s opinion concern matters in respect of local housing authorities in England which do not relate to their provision or management of social housing, or the management of dwellings which they own and let on a long lease.
  2. The resident’s complaint was about the council’s homelessness responsibilities, not its management of social housing. This was outside the local authority’s provision or management of social housing. Therefore, in accordance with paragraph 41.d of the Scheme, the Ombudsman cannot investigate this complaint further.
  3. The resident has the option to contact the Local Government and Social Care Ombudsman to request that it investigate her complaint.