Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Peabody Trust (202001840)

Back to Top

 

 

 

 

 

 

REPORT

 

COMPLAINT 202001840

Peabody Trust

29 January 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 resident complains about the level of tenancy support he has received from his support provider.

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 is a tenant of the landlord.
  2. The landlord provides this property to a third-party organisation as part of a Rough Sleeper Initiative (RSI) on behalf of the Greater London Assembly.
  3. Tenant’s within the initiative are supported by a floating support service (support service provider).
  4. The resident’s tenancy agreement notes that ‘the support service provider will provide you (the resident) with the support services set out in the support agreement’. The Ombudsman has not had sight of the support agreement.
  5. On 1 June 2020, following complaints to the support service provider, it wrote to the resident noting the arrangements it had put in place to manage his complaints. It noted that should he wish to appeal any of its decisions, he could email its complaints team.
  6. The resident remained dissatisfied and contacted the support service provider to appeal. The support service provider responded noting that it had considered his appeal and concluded that its initial response had addressed all issues. It advised him to contact the Housing Ombudsman Service, should he wish to take the matter further.

Reasons

  1. Paragraph 39(j) of the Scheme states that ‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern the terms and operation of commercial or contractual relationships not connected with the complainant’s application for, or occupation of, a property for residential purposes’.
  2. The Ombudsman notes that the support service provider is a member of the Ombudsman Scheme, however this relates to its function as a social housing provider.
  3. The resident has clearly raised issue with the support services he receives, but the support provision is a standalone agreement with the provider. The resident does not have a tenancy (housing) agreement with the support provider but does so with the landlord. However, the two agreements are separate to one another and as such the Ombudsman is unable to consider the matter.
  4. The Ombudsman advises the resident to contact the support service provider to query whether the service it provides is regulated by the Care Quality Commission, in which case he may be able to pursue his complaint with the Local Government and Social Care Ombudsman.
  5. Alternatively, he can also contact the third party organisation responsible for the RSI.