London & Quadrant Housing Trust (L&Q) (202224058)
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REPORT
COMPLAINT 202224058
London & Quadrant Housing Trust (L&Q)
28 November 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
- This complaint is about the landlord’s handling of the resident’s:
- Reports of outstanding repairs in the property.
- Report of silica dust within the property.
- Concerns about the workmanship of previously completed repairs within the property.
Determination (jurisdictional decision)
- 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.
- After carefully considering all the evidence, I have determined that the complaints, as set out above, are not within the Ombudsman’s jurisdiction.
Summary of events
- Following contact from this Service, the landlord issued its stage 1 complaint response on 13 July 2023. It explained that the resident’s solicitor and the landlord’s disrepair team were handling her case. It suggested that further correspondence with the resident should be via legal channels.
- The resident escalated her complaint to stage 2 in September 2023. The landlord reiterated that all communications relating to her legal disrepair case needed to go via her solicitor. This is because there were court proceedings. It recognised shortcomings in respect of its complaint handling and offered her £240 in compensation.
- The Ombudsman previously considered the resident’s complaint under reference 202319285. We issued the determination on 5 December 2023. We decided the complaint was outside of our jurisdiction due to the court proceedings, in accordance with paragraph 41.c. of the Scheme.
Reasons
- Paragraph 42.l. of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon.