Sovereign Network Group (202330557)
REPORT
COMPLAINT 202330557
Sovereign Network Group
20 May 2025
Our approach
The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration,’ for example, whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.
Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.
The complaint
- The complaint is about the landlord’s handling of a rodent infestation affecting the resident’s property.
Background
- The resident lives in a one-bedroom ground floor flat under an assured tenancy dated July 2022. The landlord, which is a housing association, records that the resident has mental health vulnerabilities.
- The resident raised a stage 1 complaint with the landlord on 29 September 2023 in which she complained about its handling of her reports of a rodent infestation affecting her property. She reported that the matter had affected her health and the pipework and foundations of the building.
- The landlord sent a stage 1 response to the resident on 6 October 2023. It said it had attended the property to investigate the reported rodent issues, but it did not find any signs of recent activity. It would arrange for contractors to fill any holes in the property and refit the bath. Its pest control contractor had attended the property multiple times. Rodents were almost certainly in the drains, and it had laid poison which the rodents had consumed. It was confident that its actions were addressing the issue. It had arranged for drainage specialist to complete a drain survey, and it would attend the property on 12 October 2022 to fill any holes on a pathway and near any drains. It partially upheld the complaint due to its lack of updates and poor communication with the resident.
- The resident escalated her complaint during a telephone conversation she held with the landlord on 27 October 2023.
- The landlord sent a stage 2 response to the resident on 9 November 2023. It apologised for its poor communication, and it acknowledged that the matter had been frustrating for the resident. In addition to the advice it had provided in its stage 1 response it summarised works it had completed to address the presence of rodents. It said that a specialist contractor had completed a full drain survey, but it did find any rodent issues. Its pest control contractor would assess the block, and it would act on its recommendations. Its staff had not always returned her telephone calls because they were often on site and could not return calls quickly. It apologised that the resident had felt that the landlord was discriminating against her as this was not its intention. It said that there was no evidence that any other residents had reported pest issues before she had moved into the property. It did not uphold the complaint.
- The resident raised her complaint about the landlord’s handling of rodents in the property with the Ombudsman in November 2023.
Assessment and findings
- What the Ombudsman can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Scheme. When a resident brings a complaint to the Ombudsman, we must consider all the circumstances of the case, as there are sometimes reasons why we will not investigate a complaint.
- Since the landlord sent its stage 2 response to the resident on 9 November 2023 she has progressed a housing conditions claim via a county court. The particulars of the claim refer to rodents in the property which the county court has issued.
- Paragraph 41.c of the Housing Ombudsman Scheme says the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, concern matters that are the subject of court proceedings or were the subject of court proceedings where a judgement on the merits was given. Consequently, the resident’s complaint about the landlord’s handling of a rodent infestation in the property is outside the jurisdiction of the Housing Ombudsman.
- Throughout the complaint and in communication with us, the resident has said this situation has had a detrimental impact on her mental and physical health. The courts are the most effective place for disputes about personal injury and illness. This is because independent medical experts can give evidence. They have a duty to the court to give unbiased insights on the diagnosis, prognosis, and cause of any illness or injury. Furthermore, the Ombudsman cannot decide on causation based on a review of the housing file.
- In an email the resident sent to the Ombudsman on 7 May 2025 she said that she is considering taking legal action for discrimination under the Equality Act 2010. We cannot decide whether discrimination has taken place, as this is a legal determination, which only a court can decide.
- Paragraph 42.e of the Scheme states that the Ombudsman may not consider complaints that concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings. Consequently, the Ombudsman considers the resident’s complaint about personal injury, illness, and discrimination to be outside the jurisdiction of the Housing Ombudsman.
- During a conversation we held with the resident on 8 May 2025, she confirmed that she had contacted the Equality Advisory and Support Service (EASS) about this matter. The EASS are the appropriate body to advise about dealing with allegations of discrimination.
Determination (decision)
- In accordance with Paragraph 41.c of the Scheme the resident’s complaint about the landlord’s handling of the rodent infestation affecting the resident’s property is outside the jurisdiction of the Housing Ombudsman.
- In accordance with Paragraph 42.e of the Scheme the resident’s complaint about personal injury, illness, and discrimination is outside the jurisdiction of the Housing Ombudsman.